Statute of Westminster Commonwealth realm

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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.





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