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

⭐ In the context of the Statute of Westminster Adoption Act 1942, the Statute of Westminster 1931 is considered…

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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 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 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 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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