Statute of Westminster 1931 in the context of Constitution of Barbados


Statute of Westminster 1931 in the context of Constitution of Barbados

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⭐ Core Definition: Statute of Westminster 1931

The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that significantly increased the autonomy of the Dominions of the British Commonwealth.

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 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.

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Statute of Westminster 1931 in the context of Canada

Canada is a country in North America. Its ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the second-largest country by total area, with the longest coastline of any country. Its border with the United States is the longest international land border. The country is characterized by a wide range of both meteorologic and geological regions. With a population of over 41 million, it has widely varying population densities, with the majority residing in its urban areas and large areas being sparsely populated. Canada's capital is Ottawa and its three largest metropolitan areas are Toronto, Montreal, and Vancouver.

Indigenous peoples have continuously inhabited what is now Canada for thousands of years. Beginning in the 16th century, British and French expeditions explored and later settled along the Atlantic coast. As a consequence of various armed conflicts, France ceded nearly all of its colonies in North America in 1763. In 1867, with the union of three British North American colonies through Confederation, Canada was formed as a federal dominion of four provinces. This began an accretion of provinces and territories resulting in the displacement of Indigenous populations, and a process of increasing autonomy from the United Kingdom. This increased sovereignty was highlighted by the Statute of Westminster, 1931, and culminated in the Canada Act 1982, which severed the vestiges of legal dependence on the Parliament of the United Kingdom.

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Statute of Westminster 1931 in the context of Dominion

A dominion was any one of several largely self-governing countries that remained, especially in the first half of the 20th century, under the British Crown as parts of the British Empire and then the British Commonwealth of Nations. The list of dominions as at 1926 included Australia, Canada, the Irish Free State, New Zealand, Newfoundland, and South Africa; later Ceylon (now Sri Lanka), India, and Pakistan also became dominions for short periods. Progressing from colonies, their degrees of colonial self-governance increased (and, in one case, decreased) but did so unevenly over the late 19th century through the 1930s. In the years following the Second World War, the British Empire was refashioned into the more modern (and more post-colonial) Commonwealth of Nations (after which the former dominions were often referred to as the Old Commonwealth). By the time this transition was formally finalised, in 1949, the old dominions had become more autonomous and independent nation states, each in their own right, either as a Commonwealth republic or a Commonwealth realm.

In 1925, the government of the United Kingdom created the Dominions 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 Australia, Canada, the Irish Free State, New Zealand, Newfoundland, and South Africa 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 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 Statute of Westminster 1931. In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. Vestiges of empire and colonial rule lasted in some dominions late into the 20th century and indeed still exist today.

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Statute of Westminster 1931 in the context of Amendments to the Constitution of Canada

Before 1982, modifying the Constitution of Canada primarily meant amending the British North America Act, 1867. Unlike most other constitutions, however, the Act had no amending formula; instead, changes were enacted through Acts of the Parliament of the United Kingdom (or "Imperial Parliament") called the British North America Acts.

Other Commonwealth countries had taken over the authority for constitutional amendment after the Statute of Westminster 1931, but at the time, Canada decided to allow the Parliament of the United Kingdom to retain the power "temporarily". Between 1931 and 1982, the federal government, on behalf of the House of Commons of Canada and the Senate, would issue an address to the British government requesting an amendment. The request would include a resolution containing the desired amendments, which in turn were always passed by the British Parliament with little or no debate.

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Statute of Westminster 1931 in the context of Commonwealth of Nations

The Commonwealth of Nations, often referred to as the British Commonwealth or simply the Commonwealth, is an international association of 56 member states, the vast majority of which are former territories of its predecessor, the British Empire. They are connected through their use of the English language and their cultural and historical ties. Its chief institutions are the Commonwealth Secretariat, focusing on intergovernmental relations, and the Commonwealth Foundation, focusing on non-governmental relations between member nations. Additionally, numerous intergovernmental and civil organisations operating amongst the Commonwealth countries are officially recognised by the Secretariat.

The Commonwealth dates back to the first half of the 20th century, with the decolonisation of the Empire through the increased self-governance of its territories. It was created as the British Commonwealth of Nations through the Balfour Declaration at the 1926 Imperial Conference, and formalised by the United Kingdom through the Statute of Westminster in 1931. In 1949, the London Declaration allowed India to remain in the Commonwealth as a republic, marking a significant evolution for the association.

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Statute of Westminster 1931 in the context of Canada Act 1982

The Canada Act 1982 (1982 c. 11) (French: Loi de 1982 sur le Canada) is an act of the Parliament of the United Kingdom and one of the enactments which make up the Constitution of Canada. It was enacted at the request of the Senate and House of Commons of Canada to patriate Canada's constitution, ending the power of the British Parliament to amend the constitution. The act also formally ended the "request and consent" provisions of the Statute of Westminster 1931 in relation to Canada, whereby the British parliament had a general power to pass laws extending to Canada at its own request.

Annexed as Schedule B to the act is the text of the Constitution Act, 1982, in both of Canada's official languages (i.e. English and French). Because of the requirements of official bilingualism, the body of the Canada Act itself is also set out in French in Schedule A to the act, which is declared by s. 3 to have "the same authority in Canada as the English version thereof".

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Statute of Westminster 1931 in the context of Statute of Westminster Adoption Act 1942

The Statute of Westminster Adoption Act 1942 is an act of the Australian Parliament that formally adopted sections 2–6 of the Statute of Westminster 1931, an Act of the Parliament of the United Kingdom enabling the total legislative independence of the various self-governing Dominions of the British Empire. With its enactment, Westminster relinquished nearly all of its authority to legislate for the Dominions, effectively making them de jure sovereign nations.

With the enactment of the Adoption Act, the British Parliament could no longer legislate for the Commonwealth without the express request and consent of the Australian Parliament. The act received Royal Assent on 9 October 1942, but the adoption of the Statute was made retroactive to 3 September 1939, when Australia entered World War II.

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Statute of Westminster 1931 in the context of Canadian legal system

The legal system of Canada is pluralist: its foundations lie in the English common law system (inherited from its period as a colony of the British Empire), the French civil law system (inherited from its French Empire past), and Indigenous law systems developed by the various Indigenous Nations.

The Constitution of Canada is the supreme law of the country, and consists of written text and unwritten conventions. The Constitution Act, 1867 (known as the British North America Act prior to 1982), affirmed governance based on parliamentary precedent and divided powers between the federal and provincial governments. The Statute of Westminster 1931 granted full autonomy, and the Constitution Act, 1982 ended all legislative ties to Britain, as well as adding a constitutional amending formula and the Canadian Charter of Rights and Freedoms. The Charter guarantees basic rights and freedoms that usually cannot be over-ridden by any government—though a notwithstanding clause allows Parliament and the provincial legislatures to override certain sections of the Charter for a period of five years.

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Statute of Westminster 1931 in the context of Constitution Act, 1982

The Constitution Act, 1982 (French: Loi constitutionnelle de 1982) is a part of the Constitution of Canada. The Act was introduced as part of Canada's process of patriating the constitution, introducing several amendments to the British North America Act, 1867, including re-naming it the Constitution Act, 1867. In addition to patriating the Constitution, the Constitution Act, 1982 enacted the Canadian Charter of Rights and Freedoms; guaranteed rights of the Aboriginal peoples of Canada; entrenched provincial jurisdiction over natural resources; provided for future constitutional conferences; and set out the procedures for amending the Constitution in the future.

This process was necessary because, after the Statute of Westminster, 1931, Canada allowed the British Parliament to retain the power to amend Canada's constitution, until Canadian governments could agree on an all-in-Canada amending formula. In 1981, following substantial agreement on a new amending formula, the Parliament of Canada requested that the Parliament of the United Kingdom give up its power to amend the Constitution of Canada. The enactment of the Canada Act 1982 by the British Parliament in March 1982 confirmed the Patriation of the Constitution and transferred to Canada the power of amending its own Constitution.

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Statute of Westminster 1931 in the context of Governor-General of the Irish Free State

The governor-general of the Irish Free State (Irish: Seanascal Shaorstát Éireann) was the official representative of the sovereign of the Irish Free State from 1922 to 1936. By convention, the office was largely ceremonial. Nonetheless, it was controversial, as many Irish Nationalists regarded the existence of the office as offensive to republican principles and a symbol of continued British involvement in Irish affairs, despite the Governor-General having no connection to the British Government after 1931. For this reason, the office's role was diminished over time by the Irish Government.

The 1931 enactment in London of the Statute of Westminster gave the Irish Free State full legislative independence. However, the Irish considered that full legislative independence had been achieved in 1922. The role of governor-general in the Irish Free State was removed from the Constitution on 11 December 1936, at the time of Edward VIII's abdication as king of the United Kingdom and all the Dominions.

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Statute of Westminster 1931 in the context of Arthur Balfour

Arthur James Balfour, 1st Earl of Balfour (/ˈbælfər, -fɔːr/; 25 July 1848 – 19 March 1930), was a British statesman and Conservative politician who served as Prime Minister of the United Kingdom from 1902 to 1905. As foreign secretary in the Lloyd George ministry, he issued the Balfour Declaration of 1917 on behalf of the cabinet, which supported a "home for the Jewish people" in Palestine, and later issued the Balfour Declaration of 1926 as Lord of the Privy Council, which announced a co-equal relationship between the United Kingdom and its Dominions, laying the groundwork for the Statute of Westminster 1931 which granted full independence to the former colonies.

Entering Parliament in 1874, Balfour achieved prominence as Chief Secretary for Ireland, in which position he suppressed agrarian unrest whilst taking measures against absentee landlords. He opposed Irish Home Rule, saying there could be no half-way house between Ireland remaining within the United Kingdom or becoming independent. From 1891 he led the Conservative Party in the House of Commons, serving under his uncle, Lord Salisbury, whose government won large majorities in 1895 and 1900. An esteemed debater, he was bored by the mundane tasks of party management.

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Statute of Westminster 1931 in the context of History of the foreign relations of the United Kingdom

The history of the foreign relations of the United Kingdom covers English, British, and United Kingdom's foreign policy from about 1500 to 2000. For the current situation since 2000 see foreign relations of the United Kingdom.

Britain from circa 1750 to the 1910s took pride in an unmatched economic base; comprising industry, finance, shipping and trade that largely dominated the globe. Foreign policy based on free trade (from the mid-1840s to the 1920s) kept the economy flourishing. The overseas First British Empire was devastated by the loss of the thirteen American colonies in a war when Britain had no major allies. The Second British Empire was built fresh in Asia and Africa and reached its zenith in the 1920s. Foreign policy made sure it was never seriously threatened. The Statute of Westminster granted effective independence to Britain's self governing Dominions in 1931. In the era of Pax Britannica, 1815 to 1914, The British dominated world trade, finance and shipping. In what historians call "The Imperialism of Free Trade", London had a strong political voice in many nations in Latin America and Asia. The Royal Navy was used to help suppress the African slave trade, and to reduce piracy.

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Statute of Westminster 1931 in the context of Governor of New South Wales

The governor of New South Wales is the representative of the monarch, King Charles III, in the state of New South Wales. In an analogous way to the Governor-General of Australia at the national level, the Governors of the Australian States perform constitutional and ceremonial functions at the state level. The governor is appointed by the monarch on the advice of the Premier of New South Wales, and serves in office for an unfixed period of time—known as serving At His Majesty's pleasure—though five years is the general standard of office term. The current governor is retired judge Margaret Beazley, who succeeded David Hurley on 2 May 2019.

The office has its origin in the 18th-century colonial governors of New South Wales upon its settlement in 1788, and is the oldest continuous institution in Australia. The present incarnation of the position emerged with the Federation of Australia and the New South Wales Constitution Act 1902, which defined the viceregal office as the governor acting by and with the advice of the Executive Council of New South Wales. However, the post still ultimately represented the Government of the United Kingdom until, after continually decreasing involvement by the British government, the passage in 1942 of the Statute of Westminster Adoption Act 1942 (see Statute of Westminster) and the Australia Act 1986, after which the governor became the direct, personal representative of the sovereign.

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Statute of Westminster 1931 in the context of Irish head of state from 1922 to 1949

The state known today as Ireland is the successor state to the Irish Free State, which existed from December 1922 to December 1937. At its foundation, the Irish Free State was, in accordance with its constitution and the terms of the Anglo-Irish Treaty, governed as a constitutional monarchy in the British Commonwealth with the British monarch as head of state. The monarch was represented in the Irish Free State by the governor-general, who performed most of the monarch's duties based on the advice of elected Irish officials.

The Statute of Westminster, passed in 1931, granted expanded sovereignty to the dominions of the British Commonwealth, and permitted the Irish state to amend its constitution and legislate outside the terms of the Treaty. The Executive Authority (External Relations) Act 1936, enacted in response to the abdication of Edward VIII, removed the role of the monarch for all internal purposes, leaving him only a few formal duties in foreign relations as a "symbol of cooperation" with other Commonwealth nations. The Constitution of Ireland, which took effect in December 1937, established the position of president of Ireland, with the office first filled in June 1938, but the monarch retained his role in foreign affairs, leaving open the question of which of the two figures was the formal head of state. The Republic of Ireland Act 1948 ended the statutory position of the British monarch for external purposes and assigned those duties to the president, taking effect in April 1949, from which point Ireland was inarguably a republic.

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Statute of Westminster 1931 in the context of Constitution of the Irish Free State

The Constitution of the Irish Free State (Irish: Bunreacht Shaorstát Éireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution, the Irish Free State Constitution Act 1922 of the British Parliament, which came into effect upon receiving the royal assent on 5 December 1922, provided that the Constitution would come into effect upon the issue of a Royal Proclamation, which was done on 6 December 1922. In 1937 the Constitution of the Irish Free State was replaced by the modern Constitution of Ireland following a referendum.

As enacted, the Constitution of the Irish Free State was firmly shaped by the requirements of the Anglo-Irish Treaty that had been negotiated between the British government and Irish leaders in 1921. However, following a change of government in 1932 and the adoption of the Statute of Westminster a series of amendments progressively removed many of the provisions that had been required by the Treaty.

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