IF HE ABDICATES

Evening Post, Volume CXXII, Issue 138, 8 December 1936, Page 11

IF HE ABDICATES

EMPIRE PROBLEMS

LAW OF SUCCESSION

DOMINIONS' APPROVAL

(Received December 8, 9 a.m.) LONDON, December 7. The "Daily Mail," discussing problems arising in the event of abdication, points out that Professor Arthur Berriedale Keith, lecturer at Edinburgh University bn the Constitution of the British Empire, discussing the King's constitutional position in his book, "The King and the Imperial Crown," expresses the opinion that abdication will probably be legally ineffective unless it is confirmed by an Act of Parliament and by legislation including .the debarring of issue of a post-abdication marriage. Some legal experts think that neither the British nor the Dominion Governments need be consulted regarding abdication- unless the King desires to surround, the abdication with conditions requiring discussion, while, in connection with' the preamble to the Statute of Westminster, which demands that the Dominions concur in questions affecting the Throne, jurists declare that the preamble could not be quoted in a court of law, being only a series of assertions not legally binding. Another question is whether abdication can become a clear-cut issue for the electorate, which is impossible under the present laws unless a referendum is. introduced, which would require special legislation. ACT BY EACH DOMINION. "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 the 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 in so far as 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 tomorrow making the Duke of York King, provided he would accept the title. A nice point is whether the preambles of the declaration would be binding in law, but it may be taken that in practice all the Dominions, with the possible exception of the Irish Free State, would so regard it.