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Landmark Supreme Court decision overrules historic gender discrimination in British citizenship

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Synopsis

The Supreme Court has opened up British citizenship by double descent to all children born to British women in non-Commonwealth countries between 1949 and 1983. Delivering a judgment which makes no attempt to disguise his academic interests as a historian, Lord Sumption delivered a simple solution to a question of statutory interpretation that has been described as “impenetrable” by the leading authority on nationality law (with whom the Inner House agreed) and “paradoxical” by the Supreme Court. The case is Advocate General for Scotland v Romein [2018] UKSC 6. Historical gender discrimination British nationality law was from its inception until 1983 discriminatory towards women. Prior to 1983, British citizenship could only be passed to the next generation born abroad through the male line. This was remedied prospectively, but not retrospectively, by Parliament with the enactment of the British Nationality Act 1981 which commenced on 1 January 1983. It was not until 2003 that Parliame