Historical development Commonwealth realm

1 historical development

1.1 dominions emerge
1.2 between wars

1.2.1 statute of westminster
1.2.2 independent dominions


1.3 post-war evolution
1.4 accession of queen elizabeth ii

historical development
dominions emerge

the possibility colony within british empire might become new kingdom first mooted in 1860s, when proposed british north american territories of nova scotia, new brunswick, , province of canada unite confederation might known kingdom of canada. in light of geo-political circumstances @ time, however, name abandoned in favour of dominion of canada. more british colonies followed canada in gaining legislative independence united kingdom, prime minister of canada sir wilfrid laurier insisted @ 1907 imperial conference formula created differentiate between crown , self-governing colonies. latter canadian precedent followed, , term dominion extended apply australia, new zealand, newfoundland, , colonies of cape, natal, , transvaal, before , after merged in 1910 orange river colony form union of south africa. these countries joined irish free state in december 1922, part of anglo-irish treaty.

william orpen s signing of peace in hall of mirrors: compiled portrait of main delegates signing of treaty of versailles, including of dominion delegates



king george v prime ministers @ imperial conference of 1926

although dominions capable of governing internally, technically remained—especially in regard foreign policy , defence—subject british authority, wherein governor-general of each dominion represented british monarch-in-council reigning on these territories single imperial domain. commonly held in circles crown monolithic element throughout monarch s territories; a.h. lefroy wrote in 1918 crown considered 1 , indivisible throughout empire; , cannot severed many kingships there dominions, , self-governing colonies. unitary model began erode, however, when dominions gained more international prominence result of participation , sacrifice in first world war, in 1919 prompting canadian prime minister sir robert borden , south african minister of defence jan smuts demand dominions given @ versailles conference full recognition autonomous nations of imperial commonwealth. immediate result that, though king signed high contracting party empire whole, dominions separate signatories treaty of versailles, as, india, founding members of league of nations. in 1921 prime minister of united kingdom david lloyd george stated british dominions have been accepted community of nations.

between wars

the pace of independence increased in 1920s, led canada, exchanged envoys united states in 1920 , concluded halibut fisheries treaty in own right in 1923. in chanak crisis of 1922, canadian government insisted course of action determined canadian parliament, not british government, and, 1925, dominions felt confident enough refuse bound britain s adherence treaty of locarno. these developments, combined realisation crown operating distinctly , separately within each of jurisdictions of canadian provinces , australian states, appeared put rest previous assertions crown never divided amongst dominions.

another catalyst change came in 1926, when field marshal lord byng of vimy, governor general of canada, refused advice of prime minister (william lyon mackenzie king) in came known colloquially king–byng affair. mackenzie king, after resigning , being reappointed prime minister months later, pushed @ imperial conference of 1926 reorganisation of way dominions related british government, resulting in balfour declaration, declared formally dominions autonomous , equal in status united kingdom. meant in practice not @ time worked out; conflicting views existed, in united kingdom not wishing see fracturing of sacred unity of crown throughout empire, , in dominions not wishing see jurisdiction have take on full brunt of diplomatic , military responsibilities.

what did follow dominion governments gained equal status united kingdom, separate , direct relationship monarch, without british cabinet acting intermediary, , governors-general acted solely personal representative of sovereign in right of dominion. though no formal mechanism tendering advice monarch had yet been established—former prime minister of australia william morris hughes theorised dominion cabinets provide informal direction , british cabinet offer formal advice—the concepts first put legal practice passage in 1927 of royal , parliamentary titles act, implicitly recognised irish free state separate uk, , king king of each dominion uniquely, rather british king in each dominion. @ same time, terminology in foreign relations altered demonstrate independent status of dominions, such dropping of term britannic king s style outside of united kingdom. then, in 1930 george v s australian ministers employed practice adopted resolution @ year s imperial conference, directly advising king appoint sir isaac isaacs australian governor-general, against preferences of british government , king himself.

statute of westminster

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.

post-war evolution

within 3 years following end of second world war, india, pakistan, , ceylon became independent realms within commonwealth (then still called dominions), though made clear @ time india move republican form of government. unlike republic of ireland , burma @ time of becoming republics, however, there no desire on part of india give membership in british commonwealth, prompting commonwealth conference , issuance of london declaration in april 1949, entrenched idea of canadian prime minister louis st. laurent different royal houses , republics allowed in commonwealth long recognised international organisation s symbolic head shared sovereign of united kingdom , dominions. shortly before london declaration, newfoundland, had remained dominion in name only, had become province of canada.

at approximately same time, tabling in 1946 of canadian parliament s canadian citizenship act had brought question homogeneity of king s subjects, which, prior year, uniformly defined in terms of allegiance sovereign, without regard individual s country of residence. following negotiations, decided in 1947 each commonwealth member free pass own citizenship legislation, citizens owed allegiance monarch in right of country.

as these constitutional developments taking place, dominion , british governments became increasingly concerned how represent more commonly accepted notion there no distinction between sovereign s role in united kingdom , or position in of dominions. thus, @ 1948 prime ministers conference term dominion avoided in favour of commonwealth country, in order avoid subordination implied older designation.

from accession of queen elizabeth ii

with british proclamation of elizabeth ii s accession throne in 1952, phrases commonwealth realm , head of commonwealth became established, deriving words declared monarch of realm, , of other realms , territories queen, head of commonwealth. previously, term realm in singular form understood refer entire british empire, rather separate kingdom under shared crown.

queen elizabeth ii in 1953

the commonwealth realms prime ministers thereafter discussed matter of new monarch s title, st. laurent stating @ 1953 commonwealth conference important agree on format emphasise fact queen queen of canada, regardless of sovereignty on other commonwealth countries. result new royal style , titles act being passed in each of 7 realms existing (excluding pakistan), identically gave formal recognition separateness , equality of countries involved, , replaced phrase british dominions beyond seas other realms , territories , latter using medieval french word realm (from royaume) in place of dominion. further, @ coronation, elizabeth ii s oath contained provision requiring promise govern according rules , customs of realms, naming each 1 separately. change in perspective summed patrick gordon walker s statement in british house of commons: in country have abandon... sense of property in crown. queen, now, clearly, explicitly , according title, belongs equally realms , commonwealth whole.

in same period, walker suggested british parliament queen should annually spend equal amount of time in each of realms. lord altrincham, in 1957 criticised queen elizabeth ii having court encompassed britain , not commonwealth whole, in favour of idea, did not attract wide support. thought raised viceregal appointments should become trans-commonwealth; governor-general of australia south africa, governor-general of ceylon come new zealand, , on. prime ministers of canada , australia, john diefenbaker , robert menzies, respectively, sympathetic concept, but, again, never put practice.

the principle of complete separation , equality followed in future grants of independence countries became realms, including came through winds of change swept through africa in 1960s, collapse of federation of west indies in 1962, , @ later dates. created commonwealth realm saint kitts , nevis, achieved status in 1983. process of separation completed when residual rights of british parliament in affairs of canada, australia , new zealand reserved statute of westminster repealed in 1980s, through constitution act 1982 canada, australia act 1986 , constitution act 1986 new zealand, , corresponding legislation in britain.

within few years of gaining independence, african realms drafted new constitutions in order become republics within commonwealth; south africa, having been dominion , realm 51 years, became republic in 1961. when white minority government of rhodesia issued unilateral declaration of independence in 1965, prime minister ian smith , ministers continued profess loyalty elizabeth ii, recognising queen of rhodesia. representative in colony, governor sir humphrey gibbs, sacked smith , entire government on orders whitehall. however, action ignored smith. without queen s consent, appointed deputy, clifford dupont, officer administering government perform governor s constitutional duties. intended preliminary step having dupont appointed governor-general. when smith attempted recommend dupont governor-general, elizabeth rejected advice out of hand. never consented becoming queen of rhodesia, nor did accept title. rather, united kingdom–with near-unanimous support of international community–continued maintain gibbs legitimate representative of elizabeth ii in still maintained southern rhodesia, , hence lawful authority in area. state of affairs continued until 1970, when smith s government declared rhodesia republic.

several non-african realms have become republics within commonwealth, starting india in 1950 , pakistan in 1956. recent change mauritius, became republic in 1992. in number of commonwealth realms, including united kingdom, movements have emerged advocating republican government in place of constitutional monarchy; were, , continue be, countered monarchist leagues support existing system and/or celebrate historical , modern connections common monarchy provides. unsuccessful referenda on proposed models of republics have taken place in australia, tuvalu, , saint vincent , grenadines.

on 6 july 2010, queen elizabeth ii addressed united nations in new york city queen of 16 commonwealth realms. following year, portia simpson-miller, prime minister of jamaica, spoke of desire make country republic, while alex salmond, first minister of scotland , leader of scottish national party (which favours scottish independence), stated independent scotland still share monarchy with... uk, as... 16 [sic] other commonwealth countries now. dennis canavan, leader of yes scotland, disagreed , said separate, post-independence referendum should held on matter.

following perth agreement of 2011, commonwealth realms, in accordance convention, engaged in process of amending common line of succession according each country s constitution, ensure order continue identical in every realm. in legislative debates in united kingdom, term commonwealth realm employed.

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