STATUTES
| Date | 01 June 1937 |
| Published date | 01 June 1937 |
| DOI | http://doi.org/10.1111/j.1468-2230.1937.tb00007.x |
64
MODERN
LAW REVIEW
June,
1937
STATUTES
Declaration
of
Abdiciation
Act,
1966
The abdication of King Edward VIII was accomplished in law by giving
statutory effect to the Sovereign’s declaration of abdication and by
a
consequential amendment
of
the Act of Settlement designed to exclude
King Edward, his issue and descendants
(if
any) from the succession to
which they would be entitled
if
that Act
was
not amended. But this simple
measure raised in an acute and unexpected form difhculties with regard
to the mode of achieving legislation designed to have inter-Imperial validity
within the British Commonwealth. Moreover, the events which precedcd
its
enactment shewed
that
the machinery for co-operation between the
United Kingdom and the Dominions was by no means certain in spite of,
or
perhaps
because of, the Statute of Westminster. These events have not
left
it
entirely clear what constitutional conventions govern consultation
between the United Kingdom Prime Minister and his colleagues in the
Dominions. But we are concerned here with the Abdication Act itself.
It
will be remembered that the Statute of Westminster recites in
its
preamble
that
“it
would be in accord with the established constitutional position
of all 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.”
Accordingly
His
Majesty’s Government on 10th December communi-
cated the Instrument of Abdication to the Governments of the five
Dominions, who had already received from Mr. Baldwin informal intima-
tion of His Majesty’s intentions; while
at
an earlier stage to quote Mr.
Baldwin: “enquiries had gone
far
enough to shew that neither in the
Dominions nor here would there be any prospect of legislation enabling
the King to marry without conferring the position
of
Queen upon his wife
being accepted.”
It
would seem then that no reliance was placed upon the
technical plea that the contents of the preamble are outside the operative
parts of the Statute.
To
the constitutional lawyer
it
is
interesting to note
how effect was given to “the established constitutional position” by the
various members of the Commonwealth. The Declaration of Abdication
Act contains the following preamble-
“And whereas, following upon the communication
to
His Dominions
of
His Majesty’s said declaration and desire, the Dominion of Canada
pursuant to the provisions of section four of the Statute
of
Westminster,
1931,
has
requested and consented
to
the
enactment
of
this
Act, and
the
Commonwealth of Australia,
the
Dominion
of
New Zealand, and
the Union of South Africa have assented
thereto.”
Canada, alone of the Dominions,
requested
and
consented
to
the
enact-
ment of the United Kingdom Statute.
This
is
in accordance with sect.
4
of the Statute
of
Westminster which
reads
as
follows-
“No
Act of Parliament
of
the United Kingdom passed
after
the
commencement of this Act shall extend, or
be
deemed
to
extend,
to
a
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