THE LEGAL POSITION

Dominion, Volume 30, Issue 64, 9 December 1936, Page 11

THE LEGAL POSITION

Altering Succession to the Throne STATUTE OF WESTMINSTER By Telegraph—Press Assn.—Copyright. London, December 7. “The Times,” in an editorial, says it is laid down in the preamble to the Statute of Westminster that a change in the law of succession requires the assent of all the Parliaments of the Empire. This law is not that an Act amending the succession is binding only within the jurisdiction of the particular Parliament passing it. but that until all the Parliaments pass a Succession Act it is not binding anywhere. The "Morning Post’s” diplomatic correspondent, on the contrary, points out that only South Africa has adopted tiie Statute. The legal position, therefore. though not necessarily the position in practice, seems to be that while the United Kingdom is constrained from altering the succession to the Throne without the unanimous consent of all the Dominions, none of the Dominions except South Africa is so constrained individually. The correspondent adds that it appears to follow that while Australia, for example, can prevent a change in the succession Australia herself is not bound to obtain the assent of the United Kingdom to any such alteration insofar as It concerns Australia. The passing of a morganatic marriage law in the United Kingdom would only be possible If all the Dominions agreed, but Australia, it seems, could adopt a law to-morrow making the Duke of York King, provided he would accept the title. A nice point is whether the preamble of the declaration would be binding in law, buff it may be taken that in practice all the Dominions, with the possible exception of the Irish Free State, would so regard it.