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Note by Dr. E. C. S. Wade

Published online by Cambridge University Press:  16 January 2009

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Extract

The above article was written prior to the abdication of King Edward VIII, an event which necessarily involved amendment of the Act of Settlement and therefore called for action by theparliaments of the dominions as recognized by the second recital in the preamble of the Statute of Westminster, 1931. This reads as follows:—

‘ 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 the members of the Commonwealth in relation to one another that any alteration in the law touching the Succession to the Throne or the Boyal 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.’

Type
Research Article
Information
The Cambridge Law Journal , Volume 6 , Issue 2 , July 1937 , pp. 189 - 192
Copyright
Copyright © Cambridge Law Journal and Contributors 1937

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References

1 ‘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, the enactment thereof.’

2 But see s. 5 of the Status of the Union Act, 1934.

3 The Constitution (Amendment) No. 27 Act, 1936, and the Executive Powers (External Relations) Act, 1936; the latter recognizes the change of Sovereign.