The India League was an England-based organisation established by Krishna Menon in 1928. It campaigned for the full independence and self-governance of British India . It has been described as "the principal organisation promoting Indian nationalism in pre-war Britain".
116-627: The India League emerged from the Commonwealth of India League, which was established in 1922 and itself emerged from the Home Rule for India League, established in 1916. When Menon became joint secretary of the Commonwealth of India League, he rejected its previous objective of dominion status for India and instead set the goal of full independence. During the 1930s, the organisation expanded and established branches in cities across Britain. In 1930s, Menon along with other contributors had created
232-546: A constitutional convention , which "has always been treated in practice as though it were a binding requirement". The convention was then adopted by every country that subsequently gained its independence from Britain and became a Commonwealth realm. During the abdication crisis in 1936, British Prime Minister Stanley Baldwin consulted the Commonwealth prime ministers at the request of King Edward VIII . The King wanted to marry Wallis Simpson , whom Baldwin and other British politicians considered unacceptable as Queen, as she
348-715: A 554-page report on the situation in India. The report was banned in India. In 1931, Mahatma Gandhi praised the efforts of the Indian League for its "hurricane propaganda on the danger to world peace of a rebellious India in bondage". Members of the League were largely drawn from the British elite, such as Edwina Mountbatten, Countess Mountbatten of Burma , Bertrand Russell , Harold Laski , Sir Stafford Cripps , Henry Brailsford , Leonard Matters , and Michael Foot , although
464-507: 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
580-516: A branch was established in the East End of London in the early 1940s, in order to attract more supporters from the South Asian community there. According to historian Nicholas Owen, British audiences were reluctant to believe accounts of colonial repression and social conditions in India given by Indians, and so the League sent a British delegation to India to validate its arguments, resulting in
696-698: A consequence of the statute's adoption, the Parliament of Canada gained the ability to abolish appeals to the Judicial Committee of the Privy Council . Criminal appeals were abolished in 1933, while civil appeals continued until 1949. The passage of the Statute of Westminster meant that changes in British legislation governing the succession to the throne no longer automatically applied to Canada. The Irish Free State never formally adopted
812-647: 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
928-631: A larger struggle against imperialism and capitalism". Following Indian independence, the organisation focused on fostering relations between the UK and India and supporting Indian immigrants in the UK. It held regular meetings at the India Club, London . Latterly, its public presence faded. In 1947 it was reported that the minimum subscription to the India League was five shillings. Branches could be established by groups of five or more people, subject to
1044-781: 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
1160-652: 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
1276-903: A statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926 . As the statute removed nearly all of the British parliament's authority to legislate for the Dominions, it was a crucial step in the development of the Dominions as separate, independent, and sovereign states. Its modified versions are now domestic law in Australia and Canada ; it has been repealed in New Zealand and implicitly in former Dominions that are no longer Commonwealth realms . England, and Britain after 1707 , had colonies outside of Europe since
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#17327654883461392-610: 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
1508-700: 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
1624-493: A whole only with Australia's request and consent. Nonetheless, under section 9 of the statute, on matters not within Commonwealth power Britain could still legislate with effect in all or any of the Australian states, without the agreement of the Commonwealth although only to the extent of "the constitutional practice existing before the commencement" of the statute. However, this capacity had never been used. In particular, it
1740-843: Is a status of co-equality with Britain within the British Commonwealth. The second Article of the Constitution of the Free State", he added, "declares that 'All powers of Government and all authority, legislative, executive and judicial, in Ireland are derived from the people of Ireland' ". Motions of approval of the Report of the Commonwealth Conference had been passed by the Dáil and Seanad in May 1931 and
1856-402: 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
1972-479: 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
2088-577: 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
2204-429: 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 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
2320-500: The Balfour Declaration of 1926 . The main effect was the removal of the ability of the British parliament to legislate for the Dominions, part of which also required the repeal of the Colonial Laws Validity Act 1865 in its application to the Dominions. King George V expressed his desire that the laws of royal succession be exempt from the statute's provisions, but it was determined that this would be contrary to
2436-526: The Balfour declaration that dominions were equal in status to one another and to the United Kingdom. Further conferences in 1929 and 1930 worked out a substantive framework to implement this declaration. This became the Statute of Westminster 1931. The Statute of Westminster gave effect to certain political resolutions passed by the Imperial Conferences of 1926 and 1930 ; in particular,
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#17327654883462552-666: 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" 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
2668-661: 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
2784-603: The Canadian constitution —were excluded from the application of the statute because of disagreements between the Canadian provinces and the federal government over how the British North America Acts could be otherwise amended. These disagreements were resolved only in time for the passage of the Canada Act 1982 , thus completing the patriation of the Canadian constitution to Canada. At that time,
2900-557: The Constitution (Amendment No. 27) Act 1936 , passed on 11 December 1936. The following day, the External Relations Act provided for the king to carry out certain diplomatic functions, if authorised by law; the same act also brought Edward VIII's Instrument of Abdication into effect for the purposes of Irish law (s. 3(2)). A new Constitution of Ireland , with a president, was approved by Irish voters in 1937, with
3016-574: The Free State election of 1932 on a platform of republicanising the Free State from within. Upon taking office, de Valera began removing the monarchical elements of the Constitution, beginning with the Oath of Allegiance . De Valera initially considered invoking the Statute of Westminster in making these changes, but John J. Hearne advised him not to. Abolishing the Oath of Allegiance in effect abrogated
3132-624: 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 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
3248-600: The League of Nations with full power over appointing ambassadors to other countries. Following the Second World War , 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
3364-529: 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
3480-434: The Second World War ; the adoption was backdated to 3 September 1939, the date that Britain and Australia joined the war. Adopting section 2 of the statute clarified that the Parliament of Australia was able to legislate inconsistently with British legislation, adopting section 3 clarified that it could legislate with extraterritorial effect. Adopting section 4 clarified that Britain could legislate with effect on Australia as
3596-578: 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
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3712-570: The United States in the late 18th century, whereafter British attention turned towards Australia and Asia. British policy with regards to the colonies began to be rationalized and streamlined in the 19th century. Responsible government , wherein colonial governments were held accountable to legislatures just as the British cabinet was responsible to the British Parliament, was granted to colonies beginning with Nova Scotia in 1848. Confusion existed as to what extent British legislation applied to
3828-455: 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
3944-672: 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, 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
4060-684: 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
4176-434: 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
4292-516: 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 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
4408-460: The 1921 treaty. Generally, the British thought that this was morally objectionable but legally permitted by the Statute of Westminster. Robert Lyon Moore , a Southern Unionist from County Donegal , challenged the legality of the abolition in the Irish Free State's courts and then appealed to the Judicial Committee of the Privy Council (JCPC) in London. However, the Free State had also abolished
4524-596: The 20th century. Dominions did not possess full sovereignty on an equal footing with the United Kingdom. The parliament of Canada passed a law barring appeals from its Supreme Court to the imperial Judicial Committee of the Privy Council in 1888, but in 1925 a judgement of the Privy Council determined that this law was invalid . Combined with the King–Byng affair the following year, this bred resentment in Canada and led to its insistence on full sovereignty. The leadership of
4640-514: The Australian states . This statute limited the legislative authority of the British parliament over Canada, effectively giving the country legal autonomy as a self-governing Dominion, though the British parliament retained the power to amend Canada's constitution at the request of Canada. That authority remained in effect until the Constitution Act, 1982 , which transferred it to Canada, the final step to achieving full sovereignty. The British North America Acts —the written elements (in 1931) of
4756-627: 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
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4872-605: The British Parliament before it could become part of Canada's laws and affect the line of succession in Canada. The text of the British act states that Canada requested and consented (the only Dominion to formally do both ) to the act applying in Canada under the Statute of Westminster, while Australia, New Zealand, and the Union of South Africa simply assented. In February 1937, the South African Parliament formally gave its assent by passing His Majesty King Edward
4988-711: 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
5104-400: 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,
5220-407: 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 , 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
5336-405: 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 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
5452-577: The Eighth's Abdication Act, 1937 , which declared that Edward VIII had abdicated on 10 December 1936; that he and his descendants, if any, would have no right of succession to the throne; and that the Royal Marriages Act 1772 would not apply to him or his descendants, if any. The move was largely done for symbolic purposes, in an attempt by Prime Minister J. B. M. Hertzog to assert South Africa's independence from Britain. In Canada,
5568-577: The Executive Council would not amend the legislation unilaterally. The other Dominions backed Cosgrave and, when an amendment to similar effect was proposed at Westminster by John Gretton , parliament duly voted it down. When the statute became law in the UK, Patrick McGilligan , the Free State Minister for External Affairs , stated: "It is a solemn declaration by the British people through their representatives in Parliament that
5684-516: The Free State's Vice-President of the Executive Council , declared that "Ireland secured by that 'surrender' [the Treaty] a constitutional status equal to that of Canada. 'Canada,' said the late Mr. Bonar Law ,' is by the full admission of British statesmen equal in status to Great Britain and as free as Great Britain'. The constitutional status of Ireland, therefore, as determined by the Treaty of 1921,
5800-604: The Imperial Parliament to extend to that colony. This had the dual effect of granting colonies autonomy within their borders while subordinating them to the British Parliament otherwise. Most of the remaining colonies in North America ;– everything north of the United States with the exception of Newfoundland – were merged into a federal polity known as "Canada" in
5916-411: The Irish Free State becoming simply "Ireland", or, in the Irish language , Éire . The head of state of Ireland remained unclear until 1949 , when Ireland unambiguously became a republic outside the Commonwealth of Nations by enacting The Republic of Ireland Act 1948 . In some countries where the Statute of Westminster forms a part of the constitution, the anniversary of the date of the passage of
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#17327654883466032-413: The Irish Free State, meanwhile, was dominated by those who had fought a war of independence against Britain and who had agreed to dominion status as a compromise; they took a maximalist view of the autonomy they had secured in the Anglo-Irish Treaty and pushed for recognition of their state's sovereignty, which would have implications for the other dominions as well. The 1926 Imperial Conference led to
6148-435: 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
6264-437: The Parliament of the United Kingdom also repealed ss 4 and 7(1) of the Statute of Westminster as applied to Canada. The Statute of Westminster, as amended, remains a part of the constitution of Canada by virtue of section 52(2)( b ) of and the schedule to the Constitution Act, 1982. The Newfoundland Terms of Union expressly provide for the application of the Statute of Westminster to the province of Newfoundland and Labrador. As
6380-523: The Statute of Westminster in 1931 was capitalised to distinguish it from 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
6496-440: The Statute of Westminster, especially because of financial troubles and corruption there. By request of the Dominion's government, the United Kingdom established the Commission of Government in 1934, resuming direct rule of Newfoundland. That arrangement remained until Newfoundland became a province of Canada in 1949 following referendums on the issue in 1948 . The Statute of Westminster became applicable to Newfoundland when it
6612-440: The Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 had already ended Westminster's right to legislate for the Irish Free State. The Free State's constitution gave the Oireachtas "sole and exclusive power of making laws". Hence, even before 1931, the Irish Free State did not arrest deserters from the British Army and Royal Air Force on its territory, even though
6728-403: 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
6844-487: The UK believed post-1922 British laws gave the Free State's Garda Síochána the power to do so. The UK's Irish Free State Constitution Act 1922 said, however, " [n]othing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions". In 1924, Kevin O'Higgins ,
6960-486: 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
7076-452: The United Kingdom, Canada, Australia, and New Zealand over matters of change to the monarchy, though the Statute of Westminster is not part of their laws. Ireland and South Africa are now republics and Newfoundland is now part of Canada as a province. Australia adopted sections 2 to 6 of the Statute of Westminster with the Statute of Westminster Adoption Act 1942 , in order to clarify the validity of certain Australian legislation relating to
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#17327654883467192-540: 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
7308-402: The application of the law to their respective jurisdictions. Section 10 of the statute provided that sections 2 to 6 would apply in the other three Dominions—Australia, New Zealand , and Newfoundland – only after the respective parliament of that Dominion had legislated to adopt them. Since 1931, over a dozen new Commonwealth realms have been created, all of which now hold the same powers as
7424-455: 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
7540-442: The approval of the League's executive committee. Branches were required to pay £2 6 shillings per year to the executive committee. Dominion List of forms of government A dominion was any of several largely self-governing countries of the British Empire , once known collectively as the British Commonwealth of Nations . Progressing from colonies, their degrees of colonial self-governance increased unevenly over
7656-463: The basis for the relationship between the Dominions (now called Commonwealth realms ) and the Crown . Passed on 11 December 1931, the statute increased the sovereignty of the self-governing Dominions of the British Empire from the United Kingdom . It also bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. The statute was effective either immediately or upon ratification. It thus became
7772-436: 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,
7888-404: The colonies; in South Australia , justice Benjamin Boothby caused a nuisance by striking down several local laws as contrary ("repugnant") to the legislation in Britain. Westminster rectified this situation by passing the Colonial Laws Validity Act 1865 , which allowed the colonies to pass legislation different from that in Britain provided that it was not repugnant to any law expressly passed by
8004-400: 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
8120-402: 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 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
8236-454: 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
8352-493: 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
8468-455: The enactment thereof. It also provides in section 2(1): No law 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
8584-586: The federal Parliament passed the Succession to the Throne Act, 1937 , to assent to His Majesty's Declaration of Abdication Act and ratify the government's request and consent to it. In the Irish Free State , Prime Minister Éamon de Valera used the departure of Edward VIII as an opportunity to remove all explicit mention of the monarch from the Constitution of the Irish Free State , through
8700-470: The final form of the Statute of Westminster included the Irish Free State among the Dominions the British Parliament could not legislate for without the Dominion's request and consent. Originally, the UK government had wanted to exclude from the Statute of Westminster the legislation underpinning the 1921 treaty, from which the Free State's constitution had emerged. Executive Council President (Prime Minister) W. T. Cosgrave objected, although he promised that
8816-640: 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
8932-537: 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
9048-573: 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
9164-487: 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
9280-623: The late 16th century. These early colonies were largely run by private companies rather than the Crown directly, but by the end of the century had ( except for India ) been subsumed under Crown control. Oversight of these colonies oscillated between relatively lax enforcement of laws and centralisation of power depending on the politics of the day, but the Parliament in Westminster always remained supreme. Most colonies in North America broke away from British rule and became independent as
9396-464: The late 1860s and early 1870s. Canada was termed a " dominion ", a term previously used in slightly different contexts in English history, and granted a broad array of powers between the federal government and the provincial governments. Australia was similarly deemed a dominion when it federated in 1901 , as were Newfoundland, New Zealand, South Africa, and the Irish Free State in the first decades of
9512-543: 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 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,
9628-400: The law of each Dominion. For expediency and to avoid embarrassment, the British government had suggested the Dominion governments regard whoever is monarch of the UK to automatically be their monarch, but the Dominions rejected this. 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
9744-480: The members of the Commonwealth in relation to one another that any alteration in the law touching the succession to the throne or the royal style and titles shall hereafter require the assent as well of the parliaments of all the Dominions as of the Parliament of the United Kingdom: Though a preamble is not considered to have the force of statute law, that of the Statute of Westminster has come to be
9860-664: 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
9976-530: 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
10092-483: 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
10208-448: The powers inherent in the Treaty position are what we have proclaimed them to be for the last ten years." He went on to present the statute as largely the fruit of the Free State's efforts to secure for the other Dominions the same benefits it already enjoyed under the treaty. The Statute of Westminster had the effect of granting the Irish Free State internationally recognised independence. Éamon de Valera led Fianna Fáil to victory in
10324-399: 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. The whole statute applied to the Dominion of Canada , the Irish Free State , and the Union of South Africa without the need for any acts of ratification; the governments of those countries gave their consent to
10440-472: The principles of equality set out in the Balfour Declaration. Both Canada and the Irish Free State pushed for the ability to amend the succession laws themselves and section 2(2) (allowing a Dominion to amend or repeal laws of paramount force, such as the succession laws, insofar as they are part of the law of that Dominion) was included in the Statute of Westminster at Canada's insistence. After
10556-465: The publication in 1933 of The Condition of India . In 1944, Menon reported that total membership of the league stood approximately at 1,400 members, and that 70 trade and 118 unions and other organisations are affiliated with the league. The organisation continued to operate after India's independence in 1947 and while it focused mainly on India, "the League was internationalist in its outlook throughout, perceiving India's struggle for freedom as part of
10672-534: 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
10788-590: The right of appeal to the JCPC. In 1935, the JCPC ruled that both abolitions were valid under the Statute of Westminster. The Irish Free State, which in 1937 was renamed Ireland , left the Commonwealth in 1949 upon the coming into force of The Republic of Ireland Act 1948 . The Parliament of New Zealand adopted the Statute of Westminster by passing its Statute of Westminster Adoption Act 1947 in November 1947. The New Zealand Constitution Amendment Act , passed
10904-504: The rules of succession to the Crown . The second paragraph of the preamble to the statute reads: And whereas it is meet and proper to set out by way of preamble to this act that, inasmuch as the Crown is the symbol of the free association of the members of the British Commonwealth of Nations , and as they are united by a common allegiance to the Crown, it would be in accord with the established constitutional position of all
11020-617: The same year, empowered the New Zealand Parliament to change the constitution, but did not remove the ability of the British Parliament to legislate regarding the New Zealand constitution. The remaining role of the British Parliament was removed by the New Zealand Constitution Act 1986 and the Statute of Westminster was repealed in its entirety. The Dominion of Newfoundland never adopted
11136-554: 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
11252-578: 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
11368-410: 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, 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
11484-476: The statute was passed, the British parliament could no longer make laws for the Dominions, other than with the request and consent of the government of that Dominion. The statute provides in section 4: No Act of Parliament of the United Kingdom passed after 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,
11600-533: 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
11716-435: 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",
11832-515: 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
11948-561: 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
12064-474: 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
12180-605: Was admitted to Canada. Although the Union of South Africa was not among the Dominions that needed to adopt the Statute of Westminster for it to take effect, two laws—the Status of the Union Act, 1934 , and the Royal Executive Functions and Seals Act of 1934—were passed to confirm South Africa's status as a fully sovereign state. The preamble to the Statute of Westminster sets out a guideline for changing
12296-409: Was also rejected by the Dominions. All of these negotiations occurred at a diplomatic level and never went to the Commonwealth parliaments. The enabling legislation that allowed for the actual abdication ( His Majesty's Declaration of Abdication Act 1936 ) did require the assent of each Dominion parliament to be passed and the request and consent of the Dominion governments so as to allow it to be part of
12412-422: Was an American divorcée. Baldwin was able to get the then-five Dominion prime ministers to agree with this and, thus, register their official disapproval at the King's planned marriage. The King later requested the Commonwealth prime ministers be consulted on a compromise plan, in which he would wed Simpson under a morganatic marriage , pursuant to which she would not become queen. Under Baldwin's pressure, this plan
12528-542: 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
12644-537: Was formally granted independence as a Dominion in 1948. In 1972 it adopted a republican constitution to become the Free, Sovereign and Independent Republic of Sri Lanka . By a new constitution in 1978, it became the Democratic Socialist Republic of Sri Lanka. Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets
12760-480: 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
12876-404: 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 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
12992-547: 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
13108-484: 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
13224-552: Was not used to implement the result of the 1933 Western Australian secession referendum , as it did not have the support of the Australian government. All British power to legislate with effect in Australia ended with the Australia Act 1986 , the British version of which says that it was passed with the request and consent of the Australian Parliament, which had obtained the concurrence of the parliaments of
13340-790: 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
13456-515: 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 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
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