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200-844: A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Charles III as its monarch and head of state. All the realms are independent of each other, although one person, resident in the United Kingdom , acts as monarch of each. Except for the UK, in each of the realms the monarch is represented by a governor-general . The phrase Commonwealth realm is an informal description not used in any law. As of 2024, there are 15 Commonwealth realms: Antigua and Barbuda , Australia , The Bahamas , Belize , Canada , Grenada , Jamaica , New Zealand , Papua New Guinea , Saint Kitts and Nevis , Saint Lucia , Saint Vincent and

400-553: A court that encompassed mostly Britain and not the Commonwealth as a whole, was in favour of the idea, but it did not attract wide support. Another thought raised was that viceregal appointments should become trans-Commonwealth; the governor-general of Australia would be someone from South Africa, the governor-general of Ceylon would come from New Zealand, and so on. The prime ministers of Canada and Australia, John Diefenbaker and Robert Menzies , respectively, were sympathetic to

600-561: A royal proclamation . Otherwise, all royal powers, including the royal prerogative , are carried out on behalf of the sovereign by the relevant viceroy. In the United Kingdom, the king appoints Counsellors of State to perform his constitutional duties in his absence. Similarly, the monarch will perform ceremonial duties in the Commonwealth realms to mark historically significant events. Citizens in Commonwealth realms may request birthday or wedding anniversary messages to be sent from

800-709: A state visit to the United States as king of Canada . While the idea was embraced in Canada as a way to "translate the Statute of Westminster into the actualities of a tour", throughout the planning of the trip that took place in 1939, the British authorities resisted at numerous points the idea that the King be attended by his Canadian ministers instead of his British ones. The Canadian prime minister (still Mackenzie King)

1000-511: A 'United Empire'." The meeting did produce a five-year trade agreement based upon a policy, first conceived in the 1900s, of Imperial Preference : the countries retained their import tariffs, but lowered these for other Commonwealth countries. During his tenure as Governor General of Canada, Lord Tweedsmuir urged the organisation of a royal tour of the country by King George VI, so that he might not only appear in person before his people, but also personally perform constitutional duties and pay

1200-443: A Dominion ended when Canadian parliament declared war on Germany on 9 September 1939, separately and distinctly from the United Kingdom's declaration of war six days earlier. By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth". The government of Louis St. Laurent ended the practice of using Dominion in the statutes of Canada in 1951. This began

1400-466: A combined area of 18.7 million km (7.2 million sq mi) (excluding the Antarctic claims which would raise the figure to 26.8 million km (10.3 million sq mi)) and a population of more than 150 million. The Commonwealth realms are sovereign states . They are united only in their voluntary connection with the institution of the monarchy, the succession, and

1600-742: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". The British government of Lloyd George had emphasised the use of the capital "D" when referring to the Irish Free State in the Anglo-Irish Treaty to assure it the same constitutional status in order to avoid confusion with the wider term "His Majesty's dominions", which referred to the British Empire as

1800-443: A common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster . In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. Later India , Pakistan , and Ceylon (now Sri Lanka ) also became dominions for short periods. With

2000-647: A copy of any Federal legislation that has been assented to. Then, within two years after the receipt of this copy, the (British) Monarch in Council could disallow an Act. Thirdly, at least four pieces of Imperial legislation constrained the Canadian legislatures. The Colonial Laws Validity Act of 1865 provided that no colonial law could validly conflict with, amend, or repeal Imperial legislation that either explicitly, or by necessary implication, applied directly to that colony. The Merchant Shipping Act of 1894, as well as

2200-479: A dominion simply by including in any new law a clause claiming the dominion cabinet had requested and approved of the act, whether that was true or not. Further, the British parliament was not obliged to fulfil a dominion's request for legislative change. Regardless, in 1935 the British parliament refused to consider the result of the Western Australian secession referendum of 1933 without the approval of

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2400-484: A fact independent of recognition or whether recognition is one of the facts necessary to bring states into being. No definition is binding on all the members of the community of nations on the criteria for statehood. Some argue that the criteria are mainly political, not legal. L.C. Green cited the recognition of the unborn Polish and Czechoslovak states in World War I and explained that "since recognition of statehood

2600-447: A few days after the UK's. Their example was followed more consistently by the other realms as further war was declared against Italy, Romania, Hungary, Finland and Japan. Ireland remained neutral, "shattering the illusion of imperial unity." At the war's end, it was said by F.R. Scott that "it is firmly established as a basic constitutional principle that, so far as relates to Canada, the King is regulated by Canadian law and must act only on

2800-437: A group of States that have established rules, procedures and institutions for the implementation of relations. Thus, the foundation for international law , diplomacy between officially recognized sovereign states, their organizations and formal regimes has been laid. Westphalian sovereignty is the concept of nation-state sovereignty based on territoriality and the absence of a role for external agents in domestic structures. It

3000-556: A legal basis in domestic law for the purposes of the Convention". On 9 October 2014, the US's Federal Court stated that "the TRNC purportedly operates as a democratic republic with a president, prime minister, legislature and judiciary". On 2 September 2015, ECtHR decided that "...the court system set up in the "TRNC" was to be considered to have been "established by law" with reference to

3200-533: A monarchy with ... the UK, just as ... 16 other [ sic ] Commonwealth countries do now." Dennis Canavan , leader of Yes Scotland , disagreed and said a separate, post-independence referendum should be held on the matter. Following the Perth Agreement of 2011, the Commonwealth realms, in accordance with convention, together engaged in a process of amending the common line of succession according to each country's constitution, to ensure

3400-423: A more or less clear separation between religion and state, and recognized the right of princes "to confessionalize" the state, that is, to determine the religious affiliation of their kingdoms on the pragmatic principle of cuius regio eius religio [ whose realm, his religion ]." Before 1900, sovereign states enjoyed absolute immunity from the judicial process, derived from the concepts of sovereignty and

3600-491: A more powerful neighbour; Belarus, in its relationship with Russia, has been proposed as a contemporary example of a semi-sovereign state. In a somewhat different sense, the term semi-sovereign was famously applied to West Germany by political scientist Peter Katzenstein in his 1987 book Policy and Politics in West Germany: The Growth of a Semi-sovereign State, due to having a political system in which

3800-781: A new federation named Canada from 1867. This was instituted by the British Parliament in the British North America Act, 1867 (see also Canadian Confederation ) . Section 3 of the Act referred to the new entity as a "Dominion", the first such entity to be created. From 1870 the Dominion included two vast neighbouring British territories without self-government: Rupert's Land and the North-Western Territory ; together these became over time

4000-410: A new entity, but other states do not. Hersch Lauterpacht, one of the theory's main proponents, suggested that a state must grant recognition as a possible solution. However, a state may use any criteria when judging if they should give recognition and they have no obligation to use such criteria. Many states may only recognise another state if it is to their advantage. In 1912, L. F. L. Oppenheim said

4200-601: A president of Ireland. At the same time, a law delegating functions to the King, not as King in Ireland but as the symbol of the co-operation amongst Commonwealth countries with which Ireland associated itself, continued to apply in external relations. The last statutory functions of the King with respect to Ireland were abolished in 1949 . The Balfour Declaration of 1926 , and the subsequent Statute of Westminster , 1931, restricted Britain's ability to pass or affect laws outside of its own jurisdiction. Until 1931, Newfoundland

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4400-482: A regency law if the sovereign were incapacitated. Though input was sought from the Dominions on the matter, all declined to make themselves bound by the British legislation, agreeing with Simon. Tuvalu later incorporated this principle into its constitution . New Zealand included in its Constitution Act 1986 a clause specifying that, should a regent be installed in the United Kingdom, that individual would carry out

4600-477: A regency; though, such legislation would not be required until the occasion arose. This was because the governors-general could still perform viceregal functions during a regency in Britain, including giving royal assent to any Dominion law giving effect to a regency in that Dominion. In the United Kingdom, on the other hand, legislation was needed in advance because, otherwise, there would be no one to give assent to

4800-522: A republic within 18 months if it won the election and polls suggested that 55 per cent of Jamaicans desired the country become a republic. The ruling Jamaica Labour Party , which had in 2016 promised a referendum it did not deliver, was reelected. Barbados , which had been a Commonwealth realm for 55 years since it gained independence in 1966, became a republic by vote of Parliament in October 2021, effective on 30 November 2021. Some Barbadians criticised

5000-496: A state as a person of international law if, and only if, it is recognised as sovereign by at least one other state. This theory of recognition was developed in the 19th century. Under it, a state was sovereign if another sovereign state recognised it as such. Because of this, new states could not immediately become part of the international community or be bound by international law, and recognised nations did not have to respect international law in their dealings with them. In 1815, at

5200-416: A state to recognise other states. Recognition is often withheld when a new state is seen as illegitimate or has come about in breach of international law. Almost universal non-recognition by the international community of Rhodesia and Northern Cyprus are good examples of this, the former only having been recognized by South Africa, and the latter only recognized by Turkey. In the case of Rhodesia, recognition

5400-443: A state was defined by having a territory, a population, government, and capacity to enter into relations with other states. The Montevideo Convention criteria do not automatically create a state because additional requirements must be met. While they play an important role, they do not determine the status of a country in all cases, such as Kosovo , Rhodesia , and Somaliland . In practice international relations take into account

5600-610: A substantive role as a representative of the British government, and ultimate executive power was vested in the British Monarch —who was advised only by British ministers in its exercise. Canada's independence came about as each of these sub-ordinations was eventually removed. When the Dominion of Canada was created in 1867, it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy. This Imperial supremacy could be exercised through several statutory measures. In

5800-700: A territory ceases to recognise the monarch as head of state, this status is changed by statute. Thus, for example, the British Ireland Act 1949 , recognised that the Republic of Ireland had "ceased to be part of His Majesty's dominions". The foundation of "Dominion" status followed the achievement of internal self-rule in British Colonies, in the specific form of full responsible government (as distinct from " representative government "). Colonial responsible government began to emerge during

6000-570: A whole. At the time of the founding of the League of Nations in 1924, the League Covenant made provision for the admission of any "fully self-governing state, Dominion, or Colony", the implication being that "Dominion status was something between that of a colony and a state". With the adoption of the Statute of Westminster 1931 , Britain and the Dominions (except Newfoundland) formed

6200-415: Is Queen of Great Britain, but she is equally Queen of Canada, Australia, New Zealand, Pakistan, South Africa, and Ceylon ... It is now possible for Elizabeth II to be, in practice as well as theory, equally Queen in all her realms." Still, Boyce holds the contrary opinion that the crowns of all the non-British realms are "derivative, if not subordinate" to the crown of the United Kingdom. Since each realm has

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6400-492: Is a matter of discretion, it is open to any existing State to accept as a state any entity it wishes, regardless of the existence of territory or of an established government." International lawyer Hersch Lauterpacht states that recognition is not merely a formality but an active interpretation in support of any facts. Once made however it cannot be arbitrarily revoked on account of another state's own discretion or internal politics. The constitutive theory of statehood defines

6600-461: Is an international system of states, multinational corporations , and organizations that began with the Peace of Westphalia in 1648. Sovereignty is a term that is frequently misused. Up until the 19th century, the radicalised concept of a "standard of civilization" was routinely deployed to determine that certain people in the world were "uncivilized", and lacking organised societies. That position

6800-458: Is commonly considered to be such a state. Outlining the concept of a de facto state for EurasiaNet in early 2024, Laurence Broers wrote: De facto states can be understood as a product of the very system that excludes the possibility of their existence: the post-Second World War and post-colonial system of sovereign and equal states covering every centimeter of the globe. The hegemony of this system, at least until recent years,

7000-418: Is generally agreed that any unilateral alteration of succession by the UK would not have effect in all the realms. Following the accession of George VI to the throne, the United Kingdom created legislation that provided for a regency if the monarch was not of age or incapacitated. During debate that law, Sir John Simon opined that each Dominion would have to decide if it needed to legislate with respect to

7200-535: Is mastered or ruled". It was used by the British to describe their colonies or territorial possessions. Use of dominion to refer to a particular territory within the British Empire dates back to the 16th century and was sometimes used to describe Wales from 1535 to around 1800: for instance, the Laws in Wales Act 1535 applies to "the Dominion, Principality and Country of Wales". Dominion , as an official title,

7400-470: Is most commonly conceptualised as something categorical, which is either present or absent, and the coherence of any intermediate position in that binary has been questioned, especially in the context of international law. In spite of this, some authors admit the concept of a semi-sovereign state , a state which is officially acknowledged as sovereign but whose theoretical sovereignty is significantly impaired in practice, such as by being de facto subjected to

7600-447: Is no precise definition by which public acts can easily be distinguished from private ones. State recognition signifies the decision of a sovereign state to treat another entity as also being a sovereign state. Recognition can be either expressed or implied and is usually retroactive in its effects. It does not necessarily signify a desire to establish or maintain diplomatic relations. There are debates over whether states can exist as

7800-402: Is now central and eastern Canada for almost 20 years. The Fathers of Confederation simply continued the system they knew, the system that was already working, and working well. The constitutional scholar Andrew Heard argues that Confederation did not legally change Canada's colonial status to anything approaching its later status of a Dominion. At its inception in 1867, Canada's colonial status

8000-415: Is that it was achieved with a minimum of legislative amendments. Much of Canada's independence arose from the development of new political arrangements, many of which have been absorbed into judicial decisions interpreting the constitution—with or without explicit recognition. Canada's passage from being an integral part of the British Empire to being an independent member of the Commonwealth richly illustrates

8200-461: Is therefore no longer an exclusively British institution. From a cultural standpoint, the sovereign's name, image and other royal symbols unique to each nation are visible in the emblems and insignia of governmental institutions and militia. Elizabeth II's effigy, for example, appears on coins and banknotes in some countries, and an oath of allegiance to the King is usually required from politicians, judges, military members and new citizens. By 1959, it

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8400-607: Is what created the possibility of a de facto state as an anomaly existing outside of it - or in Alexander Iskandaryan 's memorable phrase, as "temporary technical errors within the system of international law." The Soviet and Yugoslav collapses resulted in the emergence of numerous such entities, several of which, including Abkhazia, Transdniester, South Ossetia and the NKR , survived in the margins of international relations for decades despite non-recognition. Sovereignty

8600-482: Is widely recognized. In political science, sovereignty is usually defined as the most essential attribute of the state in the form of its complete self-sufficiency in the frames of a certain territory, that is its supremacy in the domestic policy and independence in the foreign one. Named after the 1648 Treaty of Westphalia, the Westphalian System of state sovereignty, according to Bryan Turner, "made

8800-577: The Canadian Citizenship Act, 1946 , following which the British Nationality Act 1948 created Commonwealth citizenship and the Dominions subsequently created their own citizenships. As Heard later explained, the British government seldom invoked its powers over Canadian legislation. British legislative powers over Canadian domestic policy were largely theoretical and their exercise was increasingly unacceptable in

9000-458: The 1953 Commonwealth Prime Ministers' Conference that it was important to agree on a format that would "emphasise the fact that the Queen is Queen of Canada, regardless of her sovereignty over other Commonwealth countries." The result was a new Royal Style and Titles Act being passed in each of the seven realms then existing (excluding Pakistan ), which all identically gave formal recognition to

9200-461: The Amazon's tropical forests , that are either uninhabited or inhabited exclusively or mainly by indigenous people (and some of them are still not in constant contact). Additionally, there are states where de facto control is contested or where it is not exercised over their whole area. Currently, the international community includes more than 200 sovereign states, most of which are represented in

9400-534: The Australian states . These appointments are made on the advice of the prime minister of the country or the premier of the province or state concerned, though this process may have additional requirements. The extent to which specific additional powers are reserved exclusively for the monarch varies from realm to realm. On occasions of national importance, the King may be advised to perform in person his constitutional duties, such as granting royal assent or issuing

9600-542: The British Commonwealth of Nations . Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following the 1945 conclusion of the Second World War into the modern Commonwealth of Nations (after which

9800-469: The British Commonwealth of Nations . Dominions asserted full legislative independence, with direct access to the Monarch as Head of State previously reserved only for British governments. It also recognised autonomy in foreign affairs, including participation as autonomous countries in the League of Nations with full power over appointing ambassadors to other countries. Following the Second World War ,

10000-661: The Canadian Encyclopedia (1999), "The word came to be applied to the federal government and Parliament, and under the Constitution Act, 1982, 'Dominion' remains Canada's official title." Usage of the phrase Dominion of Canada was employed as the country's name after 1867, predating the general use of the term Dominion as applied to the other autonomous regions of the British Empire after 1907. The phrase Dominion of Canada does not appear in

10200-551: The Church of Scotland and sends a Lord High Commissioner as his representative to meetings of the church's General Assembly , when he is not personally in attendance. Until the early part of the 20th century, the monarch's title throughout the British Empire was determined exclusively by the Parliament of the United Kingdom . As the dominions gained importance, the British government began to consult their governments on how

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10400-568: The Congress of Vienna , the Final Act recognised only 39 sovereign states in the European diplomatic system, and as a result, it was firmly established that in the future new states would have to be recognised by other states, and that meant in practice recognition by one or more of the great powers . One of the major criticisms of this law is the confusion caused when some states recognise

10600-502: The Draft Declaration on Rights and Duties of States , and the charters of regional international organizations express the view that all states are juridically equal and enjoy the same rights and duties based upon the mere fact of their existence as persons under international law. The right of nations to determine their own political status and exercise permanent sovereignty within the limits of their territorial jurisdictions

10800-670: The Economic Cooperation Organization (ECO), the Organization of Turkic States (OTS), the Parliamentary Assembly of Turkic States (TURKPA) , etc.). Most sovereign states are both de jure and de facto (i.e., they exist both according to law and in practice). However, states which are only de jure are sometimes recognised as being the legitimate government of a territory over which they have no actual control. For example, during

11000-593: The First World War . In 1919, Canadian prime minister Sir Robert Borden and South African minister of defence Jan Smuts demanded that, at the Versailles Conference , the dominions be given full recognition as "autonomous nations of an Imperial Commonwealth". As a result, although the King signed as High Contracting Party for the Empire as a whole, the dominions were also separate signatories to

11200-658: The Halibut Treaty in its own right in 1923. In the Chanak crisis of 1922, the Canadian government insisted that its course of action would be determined by the Canadian parliament, not the British government, and, by 1925, the dominions felt confident enough to refuse to be bound by Britain's adherence to the Treaty of Locarno . The Viscount Haldane said in 1919 that in Australia the Crown "acts in self-governing States on

11400-550: The Imperial Conference of 1926 for a reorganisation of the way the dominions related to the British government, resulting in the Balfour Declaration, which declared formally that the dominions were fully autonomous and equal in status to the United Kingdom. What this meant in practice was not at the time worked out; conflicting views existed, some in the United Kingdom not wishing to see a fracturing of

11600-537: The Judicial Committee of the Privy Council was left available as the last court of appeal for some dominions. Specific attention was given in the statute's preamble to royal succession, outlining that no changes to that line could be made by the parliament of the United Kingdom or that of any dominion without the assent of all the other parliaments of the UK and dominions, an arrangement a justice of

11800-516: The Kingdom of Canada . Although the dominions were capable of governing themselves internally, they remained formally—and substantively in regard to foreign policy and defence—subject to British authority, wherein the governor-general of each dominion represented the British monarch - in-Council reigning over these territories as a single imperial domain. It was held in some circles that the Crown

12000-531: The Royal Style and Titles Act 1957 , which followed the example of Ceylon and South Africa by giving Elizabeth the title Elizabeth the Second, Queen of Ghana and of Her other Realms and Territories, Head of the Commonwealth . Each new realm thereafter did the same. In 1973 Australia removed reference to the United Kingdom, followed by New Zealand the next year. By the time of Elizabeth's death in 2022, aside from

12200-465: The Second Boer War (1899–1902). The self-governing colonies contributed significantly to British efforts to stem the insurrection, but ensured that they set the conditions for participation in these wars. Colonial governments repeatedly acted to ensure that they determined the extent of their participation in imperial wars in the military build-up to the First World War . The assertiveness of

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12400-563: The Second World War , governments-in-exile of several states continued to enjoy diplomatic relations with the Allies , notwithstanding that their countries were under occupation by Axis powers . Other entities may have de facto control over a territory but lack international recognition; these may be considered by the international community to be only de facto states. They are considered de jure states only according to their own law and by states that recognise them. For example, Somaliland

12600-795: The Statute of Westminster , and before the term Commonwealth realm ever came into use. Due to a domestic financial and political crisis, the Newfoundland legislature petitioned the UK to suspend dominion status, the UK parliament passed the Newfoundland Act 1933 , and direct rule was implemented in 1934. Rather than reclaiming dominion status after the Second World War, it became a province of Canada in 1949. Six Commonwealth realms and dominions held referenda to consider whether they should become republics. As of January 2020, of

12800-477: The Treaty of Versailles . They also became, together with India, founding members of the League of Nations . In 1921 the Prime Minister of the United Kingdom, David Lloyd George , stated that the "British dominions have now been accepted fully into the community of nations". The pace of independence increased in the 1920s, led by Canada, which exchanged envoys with the United States in 1920 and concluded

13000-578: The Union of South Africa in 1910. In connection with proposals for the future government of British North America, use of the term "Dominion" was suggested by Samuel Leonard Tilley at the London Conference of 1866 discussing the confederation of the Province of Canada (subsequently becoming the provinces of Ontario and Quebec ), Nova Scotia and New Brunswick into "One Dominion under

13200-475: The United Nations . These states exist in a system of international relations, where each state takes into account the policies of other states by making its own calculations. From this point of view, States are integrated into the international system of special internal and external security and legitimization of the dilemma. Recently, the concept of the international community has been formed to refer to

13400-441: The declarative theory of statehood defines a state as a person in international law if it meets the following criteria: 1) a defined territory; 2) a permanent population; 3) a government and 4) a capacity to enter into relations with other states. According to declarative theory, an entity's statehood is independent of its recognition by other states, as long as the sovereignty was not gained by military force. The declarative model

13600-455: The " White Dominions ". Four colonies of Australia had enjoyed responsible government since 1856: New South Wales, Victoria, Tasmania and South Australia. Queensland had responsible government soon after its founding in 1859. Because of ongoing financial dependence on Britain, Western Australia became the last Australian colony to attain self-government in 1890. During the 1890s, the colonies voted to unite and in 1901 they were federated under

13800-517: The "constitutional and legal basis" on which it operated, and it has not accepted the allegation that the "TRNC" courts as a whole lacked independence and/or impartiality". On 3 February 2017, The United Kingdom's High Court stated "There was no duty in the United Kingdom law upon the Government to refrain from recognizing Northern Cyprus. The United Nations itself works with Northern Cyprus law enforcement agencies and facilitates co-operation between

14000-411: The "convention that statutory uniformity on these subjects would be maintained in the parts of the Commonwealth that continued to owe allegiance to the Crown". Today, some realms govern succession by their own domestic laws, while others, either by written clauses in their constitution or by convention, stipulate that whoever is monarch of the United Kingdom is automatically also monarch of that realm. It

14200-635: The "perfect equality and absolute independence of sovereigns" has created a class of cases where "every sovereign is understood to waive the exercise of a part of that complete exclusive territorial jurisdiction, which has been stated to be the attribute of every nation". Absolute sovereign immunity is no longer as widely accepted as it has been in the past, and some countries, including the United States, Canada, Singapore, Australia, Pakistan and South Africa, have introduced restrictive immunity by statute, which explicitly limits jurisdictional immunity to public acts, but not private or commercial ones, though there

14400-686: The 1867 act nor in the Constitution Act, 1982 , but does appear in the Constitution Act, 1871 , other contemporaneous texts, and subsequent bills. References to the Dominion of Canada in later acts, such as the Statute of Westminster , do not clarify the point because all nouns were formally capitalised in British legislative style. Indeed, in the original text of the Constitution Act, 1867 , "One" and "Name" were also capitalised. Frank Scott theorised that Canada's status as

14600-434: The 1870s and 1880s. The rise to the status of a Dominion and then full independence for Canada and other possessions of the British Empire did not occur by the granting of titles or similar recognition by the British Parliament but by initiatives taken by the new governments of certain former British dependencies to assert their independence and to establish constitutional precedents. What is remarkable about this whole process

14800-690: The Australian federal government or parliament. In 1937, the Appeal Division of the Supreme Court of South Africa ruled unanimously that a repeal of the Statute of Westminster in the United Kingdom would have no effect in South Africa, stating: "We cannot take this argument seriously. Freedom once conferred cannot be revoked." Others in Canada upheld the same position. At the 1932 British Empire Economic Conference , delegates from

15000-640: The British Crown as the Commonwealth of Australia by the Commonwealth of Australia Constitution Act . The Constitution of Australia had been drafted in Australia and approved by popular consent. Thus Australia is one of the few countries established by a popular vote. Under the Balfour Declaration of 1926 , the federal government was regarded as coequal with (and not subordinate to) the British and other Dominion governments, and this

15200-657: The British Dominions Beyond the Seas , or, more simply, King of all the British Dominions Beyond the Seas . The King favoured the latter suggestion, which was adopted as [Edward VII] of the United Kingdom of Great Britain and Ireland and of the British Dominions beyond the Seas King . By 1926, following the issuance of the Balfour Declaration , it was determined that the changes in the nature of

15400-402: The British Empire; others, such as Australia (1901) and New Zealand (1907), followed. With the growing independence of the dominions in the 1920s, the Balfour Declaration of 1926 established the Commonwealth of Nations and that the nations were considered "equal in status ... though united by a common allegiance to the Crown". The Statute of Westminster 1931 further set the relationship between

15600-500: The British government conferred with the dominion governments during the Edward VIII abdication crisis . Prime Minister of Canada William Lyon Mackenzie King pointed out that the Statute of Westminster required Canada's request and consent to any legislation passed by the British parliament before it could become part of Canada's laws and affect the line of succession in Canada. Sir Maurice Gwyer , first parliamentary counsel in

15800-482: The Canadian provinces each have their own personal standards , as do the governors of the Australian states . The possibility that a colony within the British Empire might become a new kingdom was first mooted in the 1860s, when it was proposed that the British North American territories of Nova Scotia , New Brunswick and the Province of Canada unite as a confederation that might be known as

16000-711: The Colonial Courts of Admiralty Act of 1890 required reservation of Dominion legislation on those topics for approval by the British Government. Also, the Colonial Stock Act of 1900 provided for the disallowance of any Dominion legislation the British government felt would harm British stockholders of Dominion trustee securities. Most importantly, however, the British Parliament could exercise the legal right of supremacy that it possessed over common law to pass any legislation on any matter affecting

16200-463: The Commonwealth (Defender of the Faith) . The South African government objected, stating that did not express the equality of status among the realms. Canadian officials wanted the word queen to precede the name of the realm so as to form the term Queen of Canada , which they felt expressed Elizabeth's distinct role as Canada's sovereign. There was even discussion about the placement of a comma following

16400-412: The Commonwealth, and this term hence refers to the realms and republics. After this the term dominion , without its legal dimension, stayed in use thirty more years for those Commonwealth countries which had the crown as head of state. Gradually, particularly after 1953, the term was replaced by the term realm , as equal realms of the crown of the Commonwealth. The term dominion means "that which

16600-400: The Crown , were notionally foreign territory and not "within the crown's dominions". When these territories—including protectorates and protected states (a status with greater powers of self-government), as well as League of Nations mandates (which later became United Nations Trust Territories )—were granted independence and at the same time recognised the British monarch as head of state,

16800-466: The Crown would function as a personal union , akin to that which had earlier existed between the United Kingdom and Hanover (1801 to 1837), or between England and Scotland (1603 to 1707). Its first test came, though, with the abdication of King Edward VIII in 1936, for which it was necessary to gain the consent of the governments of all the dominions and the request and consent of the Canadian government, as well as separate legislation in South Africa and

17000-545: The Empire needed to be reflected in King George V 's title (something the King felt to be a "bore"). This led to the Royal and Parliamentary Titles Act 1927 ; though, again, this applied one title to the King across the whole Empire. The preamble to the Statute of Westminster 1931 established the convention requiring the consent of all the dominions' parliaments, as well as that of the United Kingdom, to any alterations to

17200-473: The Grenadines , Solomon Islands , Tuvalu , and the United Kingdom . While the Commonwealth of Nations has 56 independent member states , only these 15 have Charles III as head of state. He is also Head of the Commonwealth , a non-constitutional role. The notion of these states sharing the same person as their monarch traces back to 1867 when Canada became the first dominion , a self-governing nation of

17400-468: The Irish Free State, before the resignation could take place across the Commonwealth. At the height of the crisis, press in South Africa fretted about the Crown being the only thing holding the empire together and the bond would be weakened if Edward VIII continued "weakening kingship". Afterward, Francis Floud , Britain's high commissioner to Canada, opined that the whole affair had strengthened

17600-476: The King himself; the person of the sovereign and the Crown were said in 1936 to be "the most important and vital link" between the dominions. Political scientist Peter Boyce called this grouping of countries associated in this manner "an achievement without parallel in the history of international relations or constitutional law." Terms such as personal union , a form of personal union , and shared monarchy , among others, have all been advanced as definitions since

17800-431: The King's style outside of the United Kingdom. Then, in 1930 George V's Australian ministers employed a practice adopted by resolution at that year's Imperial Conference, directly advising the King to appoint Sir Isaac Isaacs as the Australian governor-general . Calls were also made for the empire to adopt new symbols less centred on the United Kingdom specifically, such as a new British Empire flag that would recognize

18000-486: The Name of Canada", the first federation internal to the British Empire. Tilley's suggestion was taken from the 72nd Psalm , verse eight, "He shall have dominion also from sea to sea, and from the river unto the ends of the earth", which is echoed in the national motto, " A Mari Usque Ad Mare ". The new government of Canada under the British North America Act, 1867 began to use the phrase "Dominion of Canada" to designate

18200-477: The Ontario Superior Court in 2003 likened to "a treaty among the Commonwealth countries to share the monarchy under the existing rules and not to change the rules without the agreement of all signatories". This was all met with only minor trepidation, either before or at the time, and the government of the Irish Free State was confident that the relationship of these independent countries under

18400-488: The Prince of Wales, Princess Royal, Duke of York and Duke of Edinburgh also have one each for Canada . Those without their own standard use a specific ermine-bordered banner of either the British, Scottish, or, when in or acting on behalf of Canada, Canadian royal arms. The governors-general throughout the Commonwealth realms also each use a personal flag, which, like that of the sovereign, passes to each successive occupant of

18600-459: The Queen's name and regnal number , with the Secretary of State for Commonwealth Relations advising the use of punctuation was appropriate, as the term by the grace of God had been used in conjunction with the title king or queen since the reign of William II in the 11th century, whereas it had no such association with the position of head of the Commonwealth; so, Elizabeth II was queen by

18800-453: The Statute of Westminster; the Australian prime minister, Robert Menzies , considered the government bound by the British declaration of war, while New Zealand coordinated a declaration of war to be made simultaneously with Britain's. As late as 1937, some scholars were still of the mind that, when it came to declarations of war, if the King signed, he did so as king of the empire as a whole; at that time, William Paul McClure Kennedy wrote: "in

19000-585: The UK Government. After protracted negotiations (that initially included New Zealand), six Australian colonies with responsible government (and their dependent territories) agreed to federate, along Canadian lines, becoming the Commonwealth of Australia in 1901. In South Africa, the Cape Colony became the first British self-governing Colony, in 1872. (Until 1893, the Cape Colony also controlled

19200-478: The UK, reflected this position, stating that the Act of Settlement was a part of the law in each dominion. Though today the Statute of Westminster is law only in Canada, Australia and the United Kingdom, the convention of approval from the other realms was reasserted by the Perth Agreement of 2011, in which all 16 realms at the time agreed in principle to change the succession rule to absolute primogeniture , to remove

19400-486: The United Kingdom act granting independence declared that such and such a territory "shall form part of Her Majesty's dominions", and so become part of the territory in which the Queen exercises sovereignty , not merely suzerainty . Under British nationality law , the status of "Dominion" ceased to exist on January 1, 1949, when it was decided that each Dominion would enact laws pertaining to its own citizenship. However, "Dominion status" itself never ceased to exist within

19600-521: The United Kingdom itself, only Canada retained mention of the United Kingdom in the monarch's title and only Canada and New Zealand retained a reference to the monarch as Defender of the Faith . The Canadian parliament, in 2023, passed legislation that removed those references, The bill received royal assent on 22 June 2023; a proclamation of the new title was issued on January 8, 2024. Queen Elizabeth II employed various royal standards to mark her presence,

19800-467: The United Kingdom on 11 December; as the Canadian government had requested and consented to the act becoming part of Canadian law, and Australia and New Zealand had then not yet adopted the Statute of Westminster , the abdication took place in those countries on the same day. The parliament of South Africa passed its own legislation— His Majesty King Edward the Eighth's Abdication Act, 1937 —which backdated

20000-417: The United Kingdom, [Australia/Canada/New Zealand] and her other Realms and Territories Queen , keeping by the grace of God and defender of the faith . Pakistan's Royal Style and Titles Act simply titled the Queen as Queen of the United Kingdom and of Her other Realms and Territories, Head of the Commonwealth . After Ghana gained independence and became a Commonwealth realm in 1957, its parliament passed

20200-549: The United Kingdom, led by Stanley Baldwin (then Lord President of the Council ), hoped to establish a system of free trade within the British Commonwealth, to promote unity within the British Empire and to assure Britain's position as a world power. The idea was controversial, as it pitted proponents of imperial trade with those who sought a general policy of trade liberalisation with all nations. The dominions, particularly Canada, were also adamantly against dispensing with their import tariffs, which "dispelled any romantic notions of

20400-606: The United Kingdom. Since then, new realms have been created through the independence of former colonies and dependencies; Saint Kitts and Nevis is the youngest extant realm, becoming one in 1983. Some realms became republics; Barbados changed from being a realm to a republic in 2021. There are currently 15 Commonwealth realms scattered across three continents (nine in North America , five in Oceania , and one in Europe ), with

20600-567: The Westphalian equality of states . First articulated by Jean Bodin , the powers of the state are considered to be suprema potestas within territorial boundaries. Based on this, the jurisprudence has developed along the lines of affording immunity from prosecution to foreign states in domestic courts. In The Schooner Exchange v. M'Faddon , Chief Justice John Marshall of the United States Supreme Court wrote that

20800-555: The abdication there to 10 December. The Irish Free State recognised the king's abdication with the Executive Authority (External Relations) Act 1936 on 12 December. According to Anne Twomey , this demonstrated "the divisibility of the Crown in the personal, as well as the political, sense". For E. H. Coghill, writing as early as 1937, it proved that the convention of a common line of succession "is not of imperative force" and Kenneth John Scott asserted in 1962 that it ended

21000-654: The act states: "Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom   ..." Furthermore, Sections 3 and 4 indicate that the provinces "shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly". According to

21200-473: The advice and responsibility of Canadian ministers." The war had strained the alliance among the Commonwealth countries, which had been noted by the King. The Prime Minister of Australia, John Curtin , had stated in December 1941 "that Australia looks to America, free of any pangs about our traditional links of kinship with Britain." The Parliament of South Africa voted on 14 January 1942 on a motion proposing

21400-429: The advice of the cabinet of that jurisdiction. This means that in different contexts, the term Crown may refer to the extra-national institution associating all 15 countries, or to the Crown in each realm considered separately. In Australia, it has been suggested that the Crown is further divided, with it possible that the monarchy in each of the states is a separate institution, equal in status to each other. The monarchy

21600-516: The approval of its own legislature, Britain suspended self-government in Newfoundland and instituted a " Commission of Government ", which continued until Newfoundland became a province of Canada in 1949. Canada, Australia, New Zealand, the Irish Free State, Newfoundland and South Africa (prior to becoming a republic and leaving the Commonwealth in 1961), with their large populations of European descent, were sometimes collectively referred to as

21800-539: The beginning of the Commonwealth itself, though there has been no agreement on which term is most accurate. Under the Balfour Declaration of 1926 , dominions were proclaimed to be "equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown" and the monarch is the leader "equally, officially, and explicitly of separate, autonomous realms". Andrew Michie wrote in 1952 that "Elizabeth II embodies in her own person many monarchies: she

22000-483: The changes in the constitutional relationship between the countries that continued to share a common sovereign with the United Kingdom led to the upper case term Dominion falling out of use. The Dominions Office was formally changed to the Commonwealth Relations Office in 1947. The status of "Dominion" established by the Statute of Westminster in 1931 was capitalised to distinguish it from

22200-436: The colonies. For decades, the Dominions did not have their own embassies or consulates in foreign countries. International travel and commerce were transacted through British embassies and consulates. For example, matters concerning visas and lost or stolen passports of Dominion citizens were carried out at British diplomatic offices. In the late 1930s and early 1940s, Dominion governments established their own embassies,

22400-551: The community that has the intention to inhabit the territory permanently and is capable to support the superstructure of the State, though there is no requirement of a minimum population. The government must be capable of exercising effective control over a territory and population (the requirement known in legal theory as "effective control test") and guarantee the protection of basic human rights by legal methods and policies. The "capacity to enter into relations with other states" reflects

22600-476: The concept of " government-in-exile " is predicated upon that distinction. States are non-physical juridical entities, not organisations of any kind. However, ordinarily, only the government of a state can obligate or bind the state, for example by treaty. Generally speaking, states are durable entities, though they can become extinguished, either through voluntary means or outside forces, such as military conquest. Violent state abolition has virtually ceased since

22800-816: The concept, but, again, it was never put into practice. On 6 July 2010, Elizabeth II addressed the United Nations in New York City as queen of 16 Commonwealth realms. The following year, Portia Simpson-Miller , the Prime Minister of Jamaica , spoke of a desire to make that country a republic, while Alex Salmond , the First Minister of Scotland and leader of the Scottish National Party (which favours Scottish independence ), stated an independent Scotland "would still share

23000-549: The connections between the various nations; though, he felt the Crown could not suffer another shock. As the various legislative steps taken by the dominions resulted in Edward abdicating on different dates in different countries, this demonstrated the division of the Crown post-Statute of Westminster. The civil division of the Court of Appeal of England and Wales later found in 1982 that the British parliament could have legislated for

23200-498: The country become a republic and leave the Commonwealth. British Prime Minister Winston Churchill was told "His Majesty is genuinely alarmed at the feeling, which appears to be growing in Australia and may well be aggravated by further reverses in the Far East. He very much hopes, therefore, that it may be possible to adopt as soon as possible some procedure which will succeed in arresting these dangerous developments without impairing

23400-462: The country's royal succession, the convention does not apply. Agreement among the realms does not mean the succession laws cannot diverge. During the abdication crisis in 1936, the United Kingdom passed His Majesty's Declaration of Abdication Act with the approval of the parliament of Australia and the governments of the remaining dominions. (Canada, New Zealand and South Africa gave parliamentary assent later.) The act effected Edward's abdication in

23600-524: The creation of the Imperial War Cabinet in 1917, which gave them a say in the running of the war. Dominion status as self-governing states, as opposed to symbolic titles granted various British colonies, waited until 1919, when the self-governing Dominions signed the Treaty of Versailles independently of the British government and became individual members of the League of Nations. This ended

23800-586: The current provinces of Manitoba , Saskatchewan , and Alberta , and the three current territories, the Northwest Territories , Yukon and Nunavut . In 1871, the Crown Colony of British Columbia became a Canadian province, as did Prince Edward Island in 1873. Newfoundland , having become a Dominion itself in 1907, was restored to direct British rule in 1934, finally joining Canada in 1949 after referendums . The conditions under which

24000-404: The effect of recognition and non-recognition. It is the act of recognition that affirms whether a country meets the requirements for statehood and is now subject to international law in the same way that other sovereign states are. State practice relating to the recognition of states typically falls somewhere between the declaratory and constitutive approaches. International law does not require

24200-567: The efficiency of the existing machinery." Within three years following the end of the Second World War, India , Pakistan and Ceylon became independent dominions within the Commonwealth. India would soon move to a republican form of government. Unlike in Ireland and Burma, there was no desire on the part of India to leave the Commonwealth, prompting a Commonwealth Conference and the London Declaration in April 1949, which entrenched

24400-688: The eight held, three were successful: in Ghana, in South Africa and the second referendum in Gambia. Referenda that rejected the proposal were held in Australia, twice in Tuvalu, and in Saint Vincent and the Grenadines. Interest in holding a second referendum was expressed in Australia in 2010. During the 2020 Jamaican general election , the People's National Party promised to hold a referendum on becoming

24600-460: The elevated status of the dominions. Many unofficial designs were often displayed for patriotic celebrations such as coronations and Empire Day . These new developments were explicitly codified in 1931 with the passage of the Statute of Westminster , through which Canada, the Union of South Africa, and the Irish Free State all immediately obtained formal legislative independence from the UK, while in

24800-544: The elimination of the terms grace of God and defender of the faith ; by the will of the people was suggested as a replacement. All that was agreed at the Commonwealth Prime Ministers' Conference in 1949 was that each of George VI's countries should have a different title, but with common elements, and it would be sufficient for each realm's parliament to pass a local law. The matter went unresolved until Elizabeth II became queen in 1952, upon which

25000-493: The empire. The Colony of New Zealand , which chose not to take part in Australian federation, became the Dominion of New Zealand on 26 September 1907; Newfoundland became a Dominion on the same day. The Union of South Africa was referred to as a Dominion upon its creation in 1910. The initiatives and contributions of British colonies to the British war effort in the First World War were recognised by Britain with

25200-553: The end of World War II. Because states are non-physical juridical entities, it has been argued that their extinction cannot be due to physical force alone. Instead, the physical actions of the military must be associated with the correct social or judiciary actions for a state to be abolished. The ontological status of the state has been a subject of debate, especially, whether or not the state, being an object that no one can see, taste, touch, or otherwise detect, actually exists. It has been argued that one potential reason as to why

25400-665: The entity's degree of independence. Article 3 of the Montevideo Convention declares that political statehood is independent of recognition by other states, and the state is not prohibited from defending itself. A similar opinion about "the conditions on which an entity constitutes a state" is expressed by the European Economic Community Opinions of the Badinter Arbitration Committee , which found that

25600-447: The existence of states has been controversial is because states do not have a place in the traditional Platonist duality of the concrete and the abstract. Characteristically, concrete objects are those that have a position in time and space, which states do not have (though their territories have a spatial position, states are distinct from their territories), and abstract objects have a position in neither time nor space, which does not fit

25800-486: The final test of sovereignty—that of war—Canada is not a sovereign state... and it remains as true in 1937 as it was in 1914 that when the Crown is at war, Canada is legally at war," and, one year later, Arthur Berriedale Keith argued that "issues of war or neutrality still are decided on the final authority of the British Cabinet." In 1939, Canada and South Africa made separate proclamations of war against Germany

26000-693: The first place, the British North America Act of 1867 provided in Section 55 that the Governor General may reserve any legislation passed by the two Houses of Parliament for "the signification of Her Majesty's pleasure", which is determined according to Section 57 by the British Monarch in Council. Secondly, Section 56 provides that the Governor General must forward to "one of Her Majesty's Principal Secretaries of State" in London

26200-537: The first two of which were established by Australia and Canada in Washington, D.C. , in the United States. Until 1948 any resident of a British colony or Dominion had the status of British subject . In 1935 the Irish Nationality and Citizenship Act created a separate status of Irish national , but stopped short of creating a full citizenship. Canada was the first to create its own citizenship with

26400-464: The following, regarding constitutive theory: International Law does not say that a State is not in existence as long as it is not recognised, but it takes no notice of it before its recognition. Through recognition only and exclusively a State becomes an International Person and a subject of International Law. Recognition or non-recognition by other states can override declarative theory criteria in cases such as Kosovo and Somaliland . By contrast,

26600-594: The former Dominions were often referred to as the Old Commonwealth ), finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms . In 1925, the British government created the Dominion Office from the Colonial Office , although for the next five years they shared the same secretary in charge of both offices. "Dominion status"

26800-625: The four separate Australian colonies— New South Wales , Tasmania , Western Australia , South Australia —and New Zealand could gain full responsible government were set out by the British government in the Australian Constitutions Act 1850 . The Act also separated the Colony of Victoria (in 1851) from New South Wales. During 1856, responsible government was achieved by New South Wales, Victoria, South Australia, and Tasmania, and New Zealand. The remainder of New South Wales

27000-543: The functions of the head of state beyond the purely constitutional; the international monarchy, where the monarch is head of state in the 15 realms and holds the position of head of the Commonwealth; the religious monarchy, meaning the sovereign as head of the Church of England and his relationship with the Presbyterian Church of Scotland; and the welfare/service monarchy, wherein the sovereign and other members of

27200-443: The functions of the monarch of New Zealand. The sovereign resides in the oldest realm, the United Kingdom. The king appoints viceroys to perform most of the constitutional and ceremonial duties on his behalf in the other realms: in each, a governor-general as his personal national representative, as well as a lieutenant governor as his representative in each of the Canadian provinces and governor as his representative in each of

27400-406: The government's decision not to hold a referendum on the issue as being undemocratic. Sovereign state A sovereign state is usually required to have a permanent population, defined territory, a government not under another, and the capacity to interact with other sovereign states . In actual practice, recognition or non-recognition by other states plays an important role in determining

27600-422: The governors-general now acted solely as a personal representative of the sovereign in right of that dominion. Though no formal mechanism for tendering advice to the monarch had yet been established—former Prime Minister of Australia Billy Hughes theorised that the dominion cabinets would provide informal direction and the British Cabinet would offer formal advice—the concepts were first put into legal practice with

27800-459: The grace of God, but her position as head of the Commonwealth was a secular arrangement. In the end, it was decided the common wording in the titles was to be Queen of her other Realms and Territories, Head of the Commonwealth . Regardless, Ceylon and South Africa used Queen of [Ceylon/South Africa] and her other Realms and Territories , omitting by the grace of God and defender of the faith , while Australia, Canada, and New Zealand opted for of

28000-433: The greater scope of British law, because acts pertaining to "Dominion status", such as the Statute of Westminster 1931 , have not been repealed in both the United Kingdom and historic Dominions such as Canada. The term "within the crown's dominions" continues to apply in British law to those territories in which the British monarch remains head of state, and the term "self-governing dominion" is used in some legislation. When

28200-432: The idea that republics be allowed in the Commonwealth so long as they recognised King George VI as Head of the Commonwealth and the "symbol of the free association of its independent member nations". Pakistan became a republic in 1956. As these constitutional developments were taking place, the dominion and British governments became increasingly concerned with how to represent the more commonly accepted notion that there

28400-434: The increase in the number of states can partly be credited to a more peaceful world, greater free trade and international economic integration, democratisation, and the presence of international organisations that co-ordinate economic and political policies. Dominion List of forms of government A dominion was any of several largely self-governing countries of the British Empire , once known collectively as

28600-543: The initiative and advice of its own ministers in these States". Another catalyst for change came in 1926, when Field Marshal the Lord Byng of Vimy , then Governor General of Canada , refused the advice of his prime minister (William Lyon Mackenzie King) in what came to be known colloquially as the King–Byng Affair . Mackenzie King, after resigning and then being reappointed as prime minister some months later, pushed at

28800-487: The international system has surged. Some research suggests that the existence of international and regional organisations, the greater availability of economic aid, and greater acceptance of the norm of self-determination have increased the desire of political units to secede and can be credited for the increase in the number of states in the international system. Harvard economist Alberto Alesina and Tufts economist Enrico Spolaore argue in their book, Size of Nations, that

29000-428: The island "shall be annexed to and form part of His Majesty's dominions". Dominion status was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

29200-606: The mid-19th century. The legislatures of Colonies with responsible government were able to make laws in all matters other than foreign affairs, defence and international trade, these being powers which remained with the Parliament of the United Kingdom . Nova Scotia soon followed by the Province of Canada (which included modern southern Ontario and southern Quebec ) were the first colonies to achieve responsible government, in 1848. Prince Edward Island followed in 1851, and New Brunswick and Newfoundland in 1855. All except for Newfoundland and Prince Edward Island agreed to form

29400-611: The monarch should be titled. Ahead of the coronation of King Edward VII in 1902, the British Secretary of State for the Colonies, Joseph Chamberlain , suggested the King have the title King of Great Britain and Ireland and of Greater Britain Beyond the Seas . Canadian officials preferred explicitly mention of the dominions: King of Great Britain and Ireland, Emperor of India, King of Canada, Australasia, South Africa and all

29600-577: The monarch's style and title. This first came into play when the Royal and Parliamentary Titles Act was amended in 1948, by domestic law in Britain and each of the dominions, to remove George VI 's title Emperor of India . Within the year, discussions about rewording the monarch's title began again when Ireland repealed legislation conferring functions on the king. The governments of Pakistan and Canada this time wanted more substantial changes, leading South Africa and Ceylon to also, along with Pakistan, request

29800-427: The monarch, as head of state of two different realms, may be simultaneously at war and at peace with a third country, or even at war with themself as head of two hostile nations. The evolution of dominions into realms resulted in the Crown having a shared and a separate character, with one human equally monarch of each state and acting as such in right of a particular realm as a distinct legal person guided only by

30000-449: The more general sense of "within the crown's dominions". The phrase the crown's dominions or His/Her Majesty's dominions is a legal and constitutional phrase that refers to all the realms and territories of the British sovereign, whether independent or not. These territories include the United Kingdom and its colonies, including those that had become Dominions. Dependent territories that had never been annexed and were not colonies of

30200-530: The new, larger country. However, neither the Confederation nor the adoption of the title of "Dominion" granted extra autonomy or new powers to this new federal level of government. Senator Eugene Forsey wrote that the powers acquired since the 1840s that established the system of responsible government in Canada would simply be transferred to the new Dominion government: By the time of Confederation in 1867, this system had been operating in most of what

30400-542: The office. Most feature a lion passant atop a St. Edward's royal crown with the name of the country across a scroll underneath, all on a blue background. The two exceptions are those of, since 1981, Canada (bearing on a blue background the crest of the Royal Coat of Arms of Canada ) and, since 2008, New Zealand (a St. Edward's Crown above the shield of the Coat of arms of New Zealand ). The lieutenant governors of

30600-421: The ontological state of the state is. Realists believe that the world is one of only states and interstate relations and the identity of the state is defined before any international relations with other states. On the other hand, pluralists believe that the state is not the only actor in international relations and interactions between states and the state is competing against many other actors. Another theory of

30800-464: The ontology of the state is that the state is a spiritual, or "mystical entity" with its own being, distinct from the members of the state. The German Idealist philosopher Georg Hegel (1770–1831) was perhaps the greatest proponent of this theory. The Hegelian definition of the state is "the Divine Idea as it exists on Earth". Since the end of World War II, the number of sovereign states in

31000-555: The order of precedence for the realms' high commissioners or national flags is set according to the chronological order of, first, when the country became a dominion and then the date on which the country gained independence. Conflicts of interest have arisen from this relationship amongst independent states. Some have been minor diplomatic matters, such as the monarch expressing on the advice of one of his/her cabinets views that counter those of another of his/her cabinets. More serious issues have arisen with respect to armed conflict, where

31200-408: The order would continue to be identical in every realm. In legislative debates in the United Kingdom, the term Commonwealth realm was employed, but, it remained unused in any law. In addition to the states listed above, the Dominion of Newfoundland was a dominion when the Statute of Westminster 1931 was given royal assent but effectively lost that status in 1934, without ever having assented to

31400-427: The other dominions adoption of the statute was subject to ratification by the dominion's parliament. Australia and New Zealand did so in 1942 and 1947, respectively, with the former's ratification back-dated to 1939, while Newfoundland never ratified the bill and reverted to direct British rule in 1934. As a result, the parliament at Westminster was unable to legislate for any dominion unless requested to do so, although

31600-438: The particular one used depending on which realm she was in or acting on behalf of at the time. All are heraldic banners incorporating the arms for that state and, save for those of the UK, were defaced in the centre with the device from the Queen's Personal Flag . The Queen would use that personal flag in realms where she did not have a royal standard. Many other members of the royal family have their own personal standards ;

31800-411: The passage in 1927 of the Royal and Parliamentary Titles Act , which implicitly recognised the Irish Free State as separate from the UK, and the King as king of each dominion uniquely, rather than as the British king in each dominion. At the same time, terminology in foreign relations was altered to demonstrate the independent status of the dominions, such as the dropping of the term "Britannic" from

32000-483: The phasing out of the use of Dominion , which had been used largely as a synonym of "federal" or "national" such as "Dominion building" for a post office, "Dominion-provincial relations", and so on. The last major change was renaming the national holiday from Dominion Day to Canada Day in 1982. Official bilingualism laws also contributed to the disuse of Dominion , as it has no acceptable equivalent in French. While

32200-563: The present day, has never had a meaning, which was universally agreed upon." In the opinion of H. V. Evatt of the High Court of Australia , "sovereignty is neither a question of fact, nor a question of law, but a question that does not arise at all". Sovereignty has taken on a different meaning with the development of the principle of self-determination and the prohibition against the threat or use of force as jus cogens norms of modern international law . The United Nations Charter ,

32400-473: The purely colonial status of the Dominions. The Irish Free State , set up in 1922 after the Anglo-Irish War , was the third Dominion to appoint a non-UK born, non-aristocratic Governor-General when Timothy Michael Healy , following the tenures of Sir Gordon Drummond in Canada and of Sir Walter Edward Davidson and Sir William Allardyce in Newfoundland, took the position in 1922. Dominion status

32600-557: The realms and the Crown , including a convention that any alteration to the line of succession in any one country must be voluntarily approved by all the others. The modern Commonwealth of Nations was then formally constituted by the London Declaration in 1949 when India wanted to become a republic without leaving the Commonwealth ; this left seven independent nations sharing the Crown: Australia, Canada, Ceylon (now Sri Lanka ), New Zealand, Pakistan , South Africa , and

32800-463: The realms issued their respective accession proclamations using different titles for their monarch. Debate ensued thereafter. The Australian government preferred that the monarch's title name all of the realms, but said it would accept Elizabeth II (by the Grace of God) of the United Kingdom of Great Britain and Northern Ireland, [name of realm], and all of her other Realms and Territories Queen, Head of

33000-489: The recognition of a country is a political issue. On 2 July 2013, The European Court of Human Rights (ECtHR) decided that "notwithstanding the lack of international recognition of the regime in the northern area, a de facto recognition of its acts may be rendered necessary for practical purposes. Thus the adoption by the authorities of the "TRNC" of civil, administrative or criminal law measures, and their application or enforcement within that territory, may be regarded as having

33200-402: The restriction on the monarch being married to a Catholic, and to reduce the number of members of the Royal Family who need the monarch's permission to marry. These changes came into effect on 26 March 2015. Alternatively, a Commonwealth realm may choose to cease being such by making its throne the inheritance of a different royal house or by becoming a republic, actions to which, though they alter

33400-402: The role of documents in understanding all of social reality. Quasi-abstract objects, such as states, can be brought into being through document acts, and can also be used to manipulate them, such as by binding them by treaty or surrendering them as the result of a war. Scholars in international relations can be broken up into two different practices, realists and pluralists, of what they believe

33600-427: The royal family give their patronage to charities and other elements of civil society. To guarantee the continuity of multiple states sharing the same person as monarch, the preamble of the Statute of Westminster 1931 laid out a convention that any alteration to the line of succession in any one country must be voluntarily approved by the parliaments of all the realms. This convention was first applied in 1936 when

33800-404: The sacred unity of the Crown throughout the empire, and some in the dominions not wishing to see their jurisdiction have to take on the full brunt of diplomatic and military responsibilities. What did follow was that the dominion governments gained an equal status with the United Kingdom, a separate and direct relationship with the monarch, without the British Cabinet acting as an intermediary, and

34000-594: The same person as its monarch, the diplomatic practice of exchanging ambassadors with letters of credence and recall from one head of state to another does not apply. Diplomatic relations between the Commonwealth realms are thus at a cabinet level only, and high commissioners are exchanged between realms (though all other countries in the Commonwealth of Nations also follow this same practice, for traditional reasons). A high commissioner's full title will thus be High Commissioner Extraordinary and Plenipotentiary for His Majesty's Government in [Country] . For certain ceremonies,

34200-418: The self-governing countries was recognised in the Imperial Conference of 1907 which, on the motions of the Prime Ministers of Canada and Australia, introduced the idea of the Dominions as self-governing countries by referring to Canada and Australia as Dominions. It also retired the name "Colonial Conference" and mandated that meetings take place regularly to consult the Dominions in running the foreign affairs of

34400-420: The self-governing polities of Canada and the Commonwealth of Australia were referred to collectively as Dominions for the first time. Two other self-governing colonies — New Zealand and Newfoundland —were granted the status of Dominion in the same year. These were followed by the Union of South Africa in 1910. The Order in Council annexing the island of Cyprus in 1914 declared that, from 5 November 1914,

34600-445: The separate Colony of Natal .) Following the Second Boer War (1899–1902), the British Empire assumed direct control of the Boer Republics , but transferred limited self-government to Transvaal in 1906, and the Orange River Colony in 1907. The Commonwealth of Australia was recognised as a Dominion in 1901, and the Dominion of New Zealand and the Dominion of Newfoundland were officially given Dominion status in 1907, followed by

34800-426: The separateness and equality of the countries involved, and replaced the phrase "British Dominions Beyond the Seas" with "Her Other Realms and Territories", the latter using the word realm in place of dominion . Further, at her coronation, Elizabeth II's oath contained a provision requiring her to promise to govern according to the rules and customs of the realms, naming each one separately. The change in perspective

35000-404: The sovereign. This is available for 100th, 105th and beyond for birthdays; and 60th ("Diamond"), 65th, 70th ("Platinum") and beyond for wedding anniversaries. It is solely in England that the King plays a role in organised religion where he acts as the Supreme Governor of the Church of England and nominally appoints its bishops and archbishops. In Scotland, he swears an oath to uphold and protect

35200-445: The sovereignty of the state was subject to limitations both internal (West Germany's federal system and the role of civil society) and external (membership in the European Community and reliance on its alliance with the United States and NATO for its national security). Although the terms "state" and "government" are often used interchangeably, international law distinguishes between a non-physical state and its government; and in fact,

35400-518: The status of a country. Unrecognized states often have difficulty engaging in diplomatic relations with other sovereign states. Since the end of the 19th century, almost the entire globe has been divided into sections (countries) with more or less defined borders assigned to different states. Previously, quite large plots of land were either unclaimed or deserted, or inhabited by nomadic peoples that were not organized into states. However, even in modern states, there are large remote areas, such as

35600-407: The supposed characteristics of states either, since states do have a temporal position (they can be created at certain times and then become extinct at a future time). Therefore, it has been argued that states belong to a third category, the quasi-abstract, that has recently begun to garner philosophical attention, especially in the area of Documentality , an ontological theory that seeks to understand

35800-460: The term may be found in older official documents, and the Dominion Carillonneur still tolls at Parliament Hill , it is now hardly used to distinguish the federal government from the provinces or (historically) Canada before and after 1867. Nonetheless, the federal government continues to produce publications and educational materials that specify the currency of these official titles. The Constitution Act, 1982 does not mention and does not remove

36000-435: The title, and therefore a constitutional amendment may be required to change it. The word Dominion has been used with other agencies, laws, and roles: Notable Canadian corporations and organisations (not affiliated with government) that have used Dominion as a part of their name have included: Ceylon , which, as a Crown colony, was originally promised "fully responsible status within the British Commonwealth of Nations",

36200-419: The transition of the British Empire into the Commonwealth of Nations after World War II, it was decided that the term Commonwealth country should formally replace dominion for official Commonwealth usage. This decision was made during the 1949 Commonwealth Prime Ministers' Conference when India was intending to become a republic , so that both types of governments could become and remain full members of

36400-474: The two parts of the island". and revealed that the co-operation between the United Kingdom police and law agencies in Northern Cyprus is legal. Turkish Cypriots gained "observer status" in the Parliamentary Assembly of the Council of Europe (PACE) , and their representatives are elected in the Assembly of Northern Cyprus. As a country, Northern Cyprus became an observer member in various international organizations (the Organisation of Islamic Cooperation (OIC),

36600-515: The various colonies they incorporated could have done separately. They provided a new model which politicians in New Zealand, Newfoundland, South Africa, Ireland, India, Malaysia could point to for their own relationship with Britain. Ultimately, "[Canada's] example of a peaceful accession to independence with a Westminster system of government came to be followed by 50 countries with a combined population of more than 2-billion people." Issues of colonial self-government spilled into foreign affairs with

36800-505: The way in which fundamental constitutional rules have evolved through the interaction of constitutional convention, international law, and municipal statute and case law. What was significant about the creation of the Canadian and Australian federations was not that they were instantly granted wide new powers by the Imperial centre at the time of their creation; but that they, because of their greater size and prestige, were better able to exercise their existing powers and lobby for new ones than

37000-413: The wishes of the opposition and officials in London. The governments of the states (colonies before 1901) remained under the Commonwealth but retained links to the UK until the passage of the Australia Act 1986 . The term Dominion is employed in the Constitution Act, 1867 (originally the B ritish North America Act, 1867 ), and describes the resulting political union. Specifically, the preamble of

37200-418: Was a monolithic element throughout all the monarch's territories; A.H. Lefroy wrote in 1918 that "the Crown is to be considered as one and indivisible throughout the Empire; and cannot be severed into as many kingships as there are dominions, and self-governing colonies". This unitary model began to erode when the dominions gained more international prominence as a result of their participation and sacrifice in

37400-414: Was being asserted by Buckingham Palace officials that the Queen was "equally at home in all her realms". Robert Hazell and Bob Morris argued in 2017 that there are five aspects to the monarchy of the Commonwealth realms: the constitutional monarchy, including the royal prerogative and the use thereof on the advice of local ministers or according to convention or statute law; the national monarchy, comprising

37600-419: Was conferred on the Colony of Virginia about 1660 and on the Dominion of New England in 1686. Under the British North America Act, 1867 , the partially self-governing colonies of British North America were united into the Dominion of Canada. The new federal and provincial governments split considerable local powers, but Britain retained overall legislative supremacy. At the 1907 Imperial Conference ,

37800-403: Was divided in three in 1859, a change that established most of the present borders of NSW; the Colony of Queensland , with its own responsible self-government, and the Northern Territory (which was not granted self-government prior to federation of the Australian Colonies). Western Australia did not receive self-government until 1891, mainly because of its continuing financial dependence on

38000-441: Was expressed in the 1933 Montevideo Convention . A "territory" in the international law context consists of land territory, internal waters, territorial sea, and air space above the territory. There is no requirement on strictly delimited borders or minimum size of the land, but artificial installations and uninhabitable territories cannot be considered as territories sufficient for statehood. The term "permanent population" defines

38200-417: Was first accorded to Canada , Australia , New Zealand , Newfoundland , South Africa , and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926 , recognising Great Britain and the Dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by

38400-413: Was given formal legal recognition in 1942 (when the Statute of Westminster was adopted retroactively to the commencement of the Second World War in 1939). In 1930, the Australian prime minister, James Scullin , reinforced the right of the overseas Dominions to appoint native-born governors-general, when he advised King George V to appoint Sir Isaac Isaacs as his representative in Australia, against

38600-412: Was marked by political and legal subjugation to British Imperial supremacy in all aspects of government—legislative, judicial, and executive. The Imperial Parliament at Westminster could legislate on any matter to do with Canada and could override any local legislation, the final court of appeal for Canadian litigation lay with the Judicial Committee of the Privy Council in London, the Governor General had

38800-421: Was never popular in the Irish Free State where people saw it as a face-saving measure for a British government unable to countenance a republic in what had previously been the United Kingdom of Great Britain and Ireland . Successive Irish governments undermined the constitutional links with the United Kingdom. In 1937 Ireland, as it renamed itself, adopted a new republican constitution that included powers for

39000-411: Was no distinction between the sovereign's role in the United Kingdom and his or her position in any of the dominions. Thus, at the 1948 Prime Ministers' Conference the term dominion was avoided in favour of Commonwealth country , to avoid the subordination implied by the older designation. The Commonwealth's prime ministers discussed the matter of the new monarch's title, with St. Laurent stating at

39200-669: Was referred to as a colony of the United Kingdom, as for example, in the 1927 reference to the Judicial Committee of the Privy Council to delineate the Quebec-Labrador boundary. Full autonomy was granted by the United Kingdom parliament with the Statute of Westminster in December 1931. By the request of Australia and New Zealand, the Statute of Westminster was not applied automatically to those two Dominions until their own parliaments confirmed it. Being economically close to Britain and dependent on it for defence, they did not do so until 1942 for Australia and 1947 for New Zealand . In 1934, following Newfoundland's economic collapse, and with

39400-432: Was reflected and constituted in the notion that their "sovereignty" was either completely lacking or at least of an inferior character when compared to that of the "civilized" people". Lassa Oppenheim said, "There exists perhaps no conception the meaning of which is more controversial than that of sovereignty. It is an indisputable fact that this conception, from the moment when it was introduced into political science until

39600-517: Was summed up by Patrick Gordon Walker 's statement in the British House of Commons : "We in this country have to abandon... any sense of property in the Crown. The Queen, now, clearly, explicitly and according to title, belongs equally to all her realms and to the Commonwealth as a whole." In the same period, Walker also suggested to the British parliament that the Queen should annually spend an equal amount of time in each of her realms. Lord Altrincham , who in 1957 criticised Queen Elizabeth II for having

39800-433: Was ultimately the minister in attendance, and the King did in public throughout the trip ultimately act solely in his capacity as the Canadian monarch. The status of the Crown was bolstered by Canada's reception of George VI. When the Second World War began, there was some uncertainty in the dominions about the ramifications of Britain's declaration of war against Nazi Germany . Australia and New Zealand had not yet adopted

40000-431: Was widely withheld when the white minority seized power and attempted to form a state along the lines of Apartheid South Africa , a move that the United Nations Security Council described as the creation of an "illegal racist minority régime". In the case of Northern Cyprus, recognition was withheld from a state created in Northern Cyprus. International law contains no prohibition on declarations of independence, and

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