Between the wars Commonwealth realm

these new developments explicitly codified in 1931 passage of statute of westminster, through canada, union of south africa, , irish free state obtained formal legislative independence uk, while in other dominions adoption of statute subject ratification dominion s parliament. australia , new zealand did in 1942 , 1947, respectively, former s ratification back-dated 1939, while newfoundland never ratified bill , reverted direct british rule in 1934. result, parliament @ westminster unable legislate dominion unless requested so, although judicial committee of privy council left available last court of appeal dominions. specific attention given in statute s preamble royal succession, outlining no changes line made parliament of united kingdom or of dominion without assent of other parliaments of uk , dominions, arrangement justice of ontario superior court in 2003 likened treaty among commonwealth countries share monarchy under existing rules , not change rules without agreement of signatories.

king edward viii , wallis simpson on holiday in mediterranean, 1936



the prime ministers of 5 commonwealth countries @ 1944 commonwealth prime ministers conference; left right: william lyon mackenzie king (canada), jan smuts (south africa), winston churchill (united kingdom), peter fraser (new zealand), , john curtin (australia)

this met minor trepidation, either before or @ time, , government of ireland confident relationship of these independent countries under crown function personal union, akin had earlier existed between united kingdom , hanover (1801 1837), or between england , scotland (1603 1707). first test came, though, abdication of king edward viii in 1936, necessary gain consent of governments of dominions , request , consent of canadian government, separate legislation in south africa , irish free state, before resignation take place across commonwealth.

the civil division of court of appeal of england , wales later found in 1982 british parliament have legislated dominion including in new law clause claiming dominion cabinet had requested , approved of act, whether true or not. further, british parliament not obliged fulfil dominion s request legislative change. regardless, in 1935 british parliament refused consider result of western australian secession referendum of 1933 without approval of australian federal parliament. in 1937, appeal division of supreme court of south africa ruled unanimously repeal of statute of westminster in united kingdom have no effect in south africa, stating: cannot take argument seriously. freedom once conferred cannot revoked. others in canada upheld same position.

independent dominions

at 1932 british empire economic conference, delegates united kingdom, led stanley baldwin (then lord president of council), hoped establish system of free trade within british commonwealth, promote unity within british empire , assure britain s position world power. idea controversial, pitted proponents of imperial trade sought general policy of trade liberalisation nations. dominions, particularly canada, adamantly against dispensing import tariffs, dispelled romantic notions of united empire . meeting, however, did produce 5 year trade agreement based upon policy, first conceived in 1900s, of imperial preference: countries retained import tariffs, lowered these other commonwealth countries.

during tenure governor general of canada, lord tweedsmuir urged organisation of royal tour of country king george vi, might not appear in person before people, perform constitutional duties , pay state visit united states king of canada. while idea embraced in canada way translate statute of westminster actualities of tour, throughout planning of trip took place in 1939, british authorities resisted @ numerous points idea king attended canadian ministers instead of british ones. canadian prime minister (still mackenzie king) successful, however, in being minister in attendance, , king did in public throughout trip act solely in capacity canadian monarch. status of crown bolstered canada s reception of george vi.

when world war ii began, there uncertainty in dominions ramifications of britain s declaration of war against adolf hitler. australia , new zealand had not yet ratified statute of westminster; australian prime minister, robert menzies, considered government bound british declaration of war, while new zealand coordinated declaration of war made simultaneously britain s. late 1937, scholars still of mind that, when came declarations of war, if king signed, did king of empire whole; @ time, w. kennedy wrote: in final test of sovereignty—that of war—canada not sovereign state... , remains true in 1937 in 1914 when crown @ war, canada legally @ war, and, 1 year later, arthur berriedale keith argued issues of war or neutrality still decided on final authority of british cabinet. in 1939, however, canada , south africa made separate proclamations of war against germany few days after uk s. example followed more consistently other realms further war declared against italy, romania, hungary, finland, , japan. Éire (the independent irish state) remained neutral. @ war s end, said f.r. scott firmly established basic constitutional principle that, far relates canada, king regulated canadian law , must act on advice , responsibility of canadian ministers.

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