Famous Documents

Cue (NZERS), Issue 14, 31 December 1944, Page 29

Famous Documents

At various times during the past few years much interest has been displayed both in a possible Federation

of a long process of development under which the Dominions had achieved almost full autonomy as regards internal affairs. Its importance lies mainly in the fact that it established as law what had before rested on convention. For, as stated in its preamble, the Act gave effect to 'certain resolutions passed by Imperial Conferences held in the years 1926 and 1930. In spite of the fact that it is quoted frequently in reference to the Dominions’ relations with the United Kngdom and with one another, its terms and implications appear to be little known toother than legislators and students.

11. THE STATUTE OF WESTMINSTER

of European States and in a Utopian dream of an international union of many and varied nations. More often than not, any advocacy> of such a plan for the betterment of international relationships has been accompanied by the citing of the British Commonwealth of Nations as an example of how a group of sovereign countries can function smoothly and Ip successfully . • The example. is a useful one, but it should be remembered that the commonwealth is not a federation of nations but a group of autonomous. states, bound together by common allegiance to the Crown. Its evolution since the close of the First World War provides an interesting study of how the growing Dominions sought and obtained full sovereignty. To understand the manner . in which : the Commonwealth operates, it is necessary to know how and when its constitution came into being. Briefly, it is on the firm foundation of the Statute of Westminster, that the constitution of the British Commonwealth of .Nations at present stands. The Statute, which was promulgated on December 11, 1931, marked the culmination of long - efforts to achieve accord in the relations of the Dominions and the United Kingdon in internal affairs. , The Statute was not a revolutionary measure. It represented the outcome

For so great a landmark in British history, the Statute is a surprisingly brief document. It consists of a preamble and 12 , clauses, some of which are merely formal. The preamble "states, inter alia, (but . does not enact) that it would be constitutionally correct that any alteration in the law touching the succession to the throne or the royal style and titles should , require the assent of the Dominion Parliaments. The clauses are as follows: — 1. Meaning of "Dominion" in this Act ln this Act the expression "Dominion” means any of the following. Dominions, that is to say, the Dominion of Canada, the Commonwealth of Australia,. the Dominion of New Zealand; the Union of South Africa, the Irish Free State, and Newfoundland. 2. Validity of laws made by Parliament of a Dominion — (1) The Colonial Laws Validity Act, 1865, shall not apply to any law made after the commencement of this Act by the. Parliament of a Dominion. (2) Nolaw and no* provision of any law made after the commencement of this Act by the Parliament of a - Dominion shall be void or inoperative on the ground that it is repugnant to the law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order,

rule or . regulation ' made under any such Act, and the powers of the Parliament of a Dominion shall include ‘the power to repeal or amend any such Act, order, rule, or regulation in so far as the same is part of the law' of the Dominion.

3. Power of Parliament of a Dominion to legislate extra-territorially— It is hereby declared and enacted that the Parliament of a Dominion has 3 full power to make laws having extraterritorial operation.

4. Parliament of United Kingdom not to legislate for Dominion except by consent.No act of Parliament of the United Kingdom passed after f the commencement of this Act, shall extend or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested and consented to the enactment thereof.

Clauses 5, 6 and 7 deal with the power of Dominion Parliaments in relation to merchant shipping and Courts of Admiralty, and to the British North American Acts as they apply to Canada. 'None apply to New Zealand.

8. Saving for Constitution Acts of Australia and New Zealand.— Nothing in this Act shall be deemed to confer any power to repeal or alter the Constitution or the Constitution Act of the Commonwealth of Australia or the Constitution Act of the Dominion of New Zealand otherwise than in accordance with the law existing before the commencement of this Act.

Clause 9 deals with the States of Australia and Clause io exempts Australia, New Zealand and Newfoundland from the provisions of sections two, three, four, five, and six unless adopted by their respective governments. Clause ii states that the expression "colony" shall not apply to a Dominion or any state or province of a Dominion, and the ■final clause merely cites the title of the Act as the Statute of Westminster, 1931.

The Statute evoked only moderate enthusiasm in Australia and practically none in New Zealand, for both Dominions did not consider it an. entirely

necessary document. But it was of vast importance to the Irish Free State, the Union of South Africa, and Canada all of which had as leaders strong advocates for national sovereignty.

South Africa emphasised its provisions by passing in 1934 the Status of th© Union Act, the status being declared that of a sovereign independent state not subject to any future British legislation without the consent of its own Parliament. The Irish Free State passed a new constitution in 1937, which followed the abolition of the oath of allegiance to the King and of the office of Gover-nor-General, representing the Crown. It established the virtual republic of Eire; complete with a president.

, • But it was probably the abdication of King Edward VIII which provided the most interesting example of the working of the new constitution. Because of the preamble to the Statute, the Dominions had to be consulted over the abdication, and this provided the South African leader (General Hertzogg} with an opportunity to emphasise the equality of status of the United Kingdom and the Dominions and the consequent divisibility of the Grown.

- Again in 1939, when Hitler invaded Poland, the Dominions were free to act independently in declaring war on Germany. This .freedom of action was dependent 'on the Statute of Westminster. It will be recalled that General Hertzogg exercised the right under the Act of not following Britain and the other Dominions in declaring war on Germany. It was not until Field Marshal Smuts succeeded in dislodging Hertzogg that South Africa entered the war. Whatever the future of the British Commonwealth is, the Statute of Westminster is certain to play an important part. In the consideration of future problems which may arise with regar to India, South Africa, and the expand; ing parts of the Empire, it will be we to bear in mind the provisions of 16 Statute.