Statute of Westminster Adoption Act 1942
Encyclopedia
The Statute of Westminster Adoption Act 1942 is an Act
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...

 of the Australian Parliament
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

 that formally adopted the Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...

, an Act of the British Imperial Parliament enabling the legislative independence of the various self-governing Dominions
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...

 of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

. The Statute of Westminster allowed the Dominion parliaments and governments to act independently of the British Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 and Government.

The Act is more important for its symbolic value than for the legal effect of its provisions. While Australia's growing independence from the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 was well accepted, the adoption of the Statute of Westminster formally demonstrated Australia's independence to the world. It also symbolised the shift in Australia's foreign policy
Foreign relations of Australia
The foreign relations of Australia have spanned from the country's time as Dominion and later Realm of the Commonwealth to become steadfastly allied with New Zealand through long-standing ANZAC ties dating back to the early 1900s, and the United States throughout the Cold War, to its engagement...

 from a focus on the United Kingdom to the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

.

Background

Australia's progression to effective independence has been gradual and largely unemotional (see Eureka Stockade
Eureka Stockade
The Eureka Rebellion of 1854 was an organised rebellion by gold miners which occurred at Eureka Lead in Ballarat, Victoria, Australia. The Battle of Eureka Stockade was fought on 3 December 1854 and named for the stockade structure erected by miners during the conflict...

 for evidence of some emotionality).

New South Wales
New South Wales
New South Wales is a state of :Australia, located in the east of the country. It is bordered by Queensland, Victoria and South Australia to the north, south and west respectively. To the east, the state is bordered by the Tasman Sea, which forms part of the Pacific Ocean. New South Wales...

 was founded as a British colony in Sydney in 1788. Other colonies split away from New South Wales or were separately established over the Australian continent in the ensuing decades. The colonies became self-governing
Self-governing colony
A self-governing colony is a colony with an elected legislature, in which politicians are able to make most decisions without reference to the colonial power with formal or nominal control of the colony...

 during the second half of the 19th century, starting with Victoria
Victoria (Australia)
Victoria is the second most populous state in Australia. Geographically the smallest mainland state, Victoria is bordered by New South Wales, South Australia, and Tasmania on Boundary Islet to the north, west and south respectively....

 in 1852, although well before this time, all of the colonies had non-elected Legislative Councils to advise their respective Governors on matters of administration.

When the Commonwealth of Australia was formed with federation
Federation of Australia
The Federation of Australia was the process by which the six separate British self-governing colonies of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia formed one nation...

 of the six colonies in 1901, following royal assent of the Commonwealth of Australia Act 1900, it became classified as a Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...

 of the British Empire
British Empire
The British Empire comprised the dominions, colonies, protectorates, mandates and other territories ruled or administered by the United Kingdom. It originated with the overseas colonies and trading posts established by England in the late 16th and early 17th centuries. At its height, it was the...

. This accorded Australia somewhat greater independence. After the end of World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...

, each of the Dominions (including Australia, Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...

, Newfoundland
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...

, New Zealand
New Zealand
New Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...

 and South Africa
South Africa
The Republic of South Africa is a country in southern Africa. Located at the southern tip of Africa, it is divided into nine provinces, with of coastline on the Atlantic and Indian oceans...

) independently signed the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...

, but under the collective umbrella of the British Empire, and each became a founding member of the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...

 in its own right. This was an important international demonstration of the independence of the Dominions.

The Statute of Westminster

During the 1926 Imperial Conference
1926 Imperial Conference
The 1926 Imperial Conference was the sixth Imperial Conference held amongst the Prime Ministers of the dominions of the British Empire. It was held in London from 19 October to 22 November 1926...

, the governments of the Dominions and of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...

 endorsed the Balfour Declaration of 1926, which declared that the Dominions were autonomous members of the British Empire, equal to each other and to the United Kingdom. The Statute of Westminster 1931
Statute of Westminster 1931
The Statute of Westminster 1931 is an Act of the Parliament of the United Kingdom. Passed on 11 December 1931, the Act established legislative equality for the self-governing dominions of the British Empire with the United Kingdom...

 gave legal effect to the Balfour Declaration and other decisions made at the Imperial Conferences. Most importantly, it declared that the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 no longer had any legislative authority over the Dominions. Previously, the Dominions were legally colonies of the United Kingdom, and thus had no legal international status. The Stature made the Dominions de jure independent nations.

The Statute took effect immediately over Canada, South Africa and the Irish Free State
Irish Free State
The Irish Free State was the state established as a Dominion on 6 December 1922 under the Anglo-Irish Treaty, signed by the British government and Irish representatives exactly twelve months beforehand...

. However, Australia, New Zealand and Newfoundland
Dominion of Newfoundland
The Dominion of Newfoundland was a British Dominion from 1907 to 1949 . The Dominion of Newfoundland was situated in northeastern North America along the Atlantic coast and comprised the island of Newfoundland and Labrador on the continental mainland...

 had to ratify the Statute through legislation before it would apply to them. Canada also requested certain exemptions from the Statute in regard to the Canadian Constitution.

Australian politicians initially resisted ratification of the Statute. John Latham, the Attorney-General and Minister for External Affairs under Prime Minister
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...

 Joseph Lyons
Joseph Lyons
Joseph Aloysius Lyons, CH was an Australian politician. He was Labor Premier of Tasmania from 1923 to 1928 and a Minister in the James Scullin government from 1929 until his resignation from the Labor Party in March 1931...

, was particularly opposed to ratifying the Statute, because he thought it would weaken military and political ties with the United Kingdom. Latham had attended both the 1926 Imperial Conference and the 1919 Paris Peace Conference
Paris Peace Conference, 1919
The Paris Peace Conference was the meeting of the Allied victors following the end of World War I to set the peace terms for the defeated Central Powers following the armistices of 1918. It took place in Paris in 1919 and involved diplomats from more than 32 countries and nationalities...

, and he had much experience in international affairs. He preferred that the relationship between the United Kingdom and the Dominions not be codified in legislation.

However, other politicians supported the Statute, and the new independence it gave to Australia.

In 1930, shortly before the Statute was enacted, the Labor
Australian Labor Party
The Australian Labor Party is an Australian political party. It has been the governing party of the Commonwealth of Australia since the 2007 federal election. Julia Gillard is the party's federal parliamentary leader and Prime Minister of Australia...

 Prime Minister James Scullin
James Scullin
James Henry Scullin , Australian Labor politician and the ninth Prime Minister of Australia. Two days after he was sworn in as Prime Minister, the Wall Street Crash of 1929 occurred, marking the beginning of the Great Depression and subsequent Great Depression in Australia.-Early life:Scullin was...

 recommended Sir Isaac Isaacs
Isaac Isaacs
Sir Isaac Alfred Isaacs GCB GCMG KC was an Australian judge and politician, was the third Chief Justice of Australia, ninth Governor-General of Australia and the first born in Australia to occupy that post. He is the only person ever to have held both positions of Chief Justice of Australia and...

 (then the Chief Justice of Australia
Chief Justice of Australia
The Chief Justice of Australia is the informal title for the presiding justice of the High Court of Australia and the highest-ranking judicial officer in the Commonwealth of Australia...

) as the Governor-General of Australia
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...

, to replace Lord Stonehaven
John Baird, 1st Viscount Stonehaven
John Lawrence Baird, 1st Viscount Stonehaven, GCMG, DSO, PC, JP, DL , known as Sir John Baird, Bt, between 1920 and 1925 and as The Lord Stonehaven between 1925 and 1928, was a British Conservative politician, who served as a Member of Parliament, government minister, and was later the eighth...

. This was a departure from previous practice whereby the British monarch, acting on the advice of the British Prime Minister, would offer the Australian Prime Minister a number of choices for the position. However, the Australian Prime Minister, acting in line with the principles of the Balfour Declaration permitting Dominion governments to look after their own affairs, insisted on the appointment of Isaacs. Although King George V
George V of the United Kingdom
George V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 through the First World War until his death in 1936....

 disapproved of Isaacs, the 1930 Imperial Conference upheld the procedure under the declaration, and so the King appointed Isaacs. The other Dominions supported this demonstration of political independence.

Adoption

Four successive Prime Ministers
Prime Minister of Australia
The Prime Minister of the Commonwealth of Australia is the highest minister of the Crown, leader of the Cabinet and Head of Her Majesty's Australian Government, holding office on commission from the Governor-General of Australia. The office of Prime Minister is, in practice, the most powerful...

James Scullin
James Scullin
James Henry Scullin , Australian Labor politician and the ninth Prime Minister of Australia. Two days after he was sworn in as Prime Minister, the Wall Street Crash of 1929 occurred, marking the beginning of the Great Depression and subsequent Great Depression in Australia.-Early life:Scullin was...

, Joseph Lyons
Joseph Lyons
Joseph Aloysius Lyons, CH was an Australian politician. He was Labor Premier of Tasmania from 1923 to 1928 and a Minister in the James Scullin government from 1929 until his resignation from the Labor Party in March 1931...

, Robert Menzies
Robert Menzies
Sir Robert Gordon Menzies, , Australian politician, was the 12th and longest-serving Prime Minister of Australia....

 and Arthur Fadden
Arthur Fadden
Sir Arthur William Fadden, GCMG was an Australian politician and, briefly, the 13th Prime Minister of Australia.-Introduction:...

—did not adopt the Statute. John Curtin
John Curtin
John Joseph Curtin , Australian politician, served as the 14th Prime Minister of Australia. Labor under Curtin formed a minority government in 1941 after the crossbench consisting of two independent MPs crossed the floor in the House of Representatives, bringing down the Coalition minority...

, who became Prime Minister eight weeks before the Imperial Japanese Navy
Imperial Japanese Navy
The Imperial Japanese Navy was the navy of the Empire of Japan from 1869 until 1947, when it was dissolved following Japan's constitutional renunciation of the use of force as a means of settling international disputes...

's attack on Pearl Harbor
Attack on Pearl Harbor
The attack on Pearl Harbor was a surprise military strike conducted by the Imperial Japanese Navy against the United States naval base at Pearl Harbor, Hawaii, on the morning of December 7, 1941...

, was finally prompted to adopt the Statute in 1942 after the disastrous Battle of Singapore
Battle of Singapore
The Battle of Singapore was fought in the South-East Asian theatre of the Second World War when the Empire of Japan invaded the Allied stronghold of Singapore. Singapore was the major British military base in Southeast Asia and nicknamed the "Gibraltar of the East"...

 and the sinking of the HMS Prince of Wales and HMS Repulse
Sinking of Prince of Wales and Repulse
The sinking of Prince of Wales and Repulse was a Second World War naval engagement that took place north of Singapore, off the east coast of Malaya, near Kuantan, Pahang where the British Royal Navy battleship HMS Prince of Wales and battlecruiser HMS Repulse were sunk by land-based bombers and...

. Prior conservative governments had asserted that British military forces would be able to protect Australia, but Curtin, along with External Affairs Minister Dr H.V. Evatt, thought that focusing on an alliance with the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...

 would be more valuable.

Prime Minister of the United Kingdom
Prime Minister of the United Kingdom
The Prime Minister of the United Kingdom of Great Britain and Northern Ireland is the Head of Her Majesty's Government in the United Kingdom. The Prime Minister and Cabinet are collectively accountable for their policies and actions to the Sovereign, to Parliament, to their political party and...

 Winston Churchill
Winston Churchill
Sir Winston Leonard Spencer-Churchill, was a predominantly Conservative British politician and statesman known for his leadership of the United Kingdom during the Second World War. He is widely regarded as one of the greatest wartime leaders of the century and served as Prime Minister twice...

 had promised to send forces to defend Australia in return for Australia's contribution to the war in the Middle East Campaign and the North African Campaign
North African campaign
During the Second World War, the North African Campaign took place in North Africa from 10 June 1940 to 13 May 1943. It included campaigns fought in the Libyan and Egyptian deserts and in Morocco and Algeria and Tunisia .The campaign was fought between the Allies and Axis powers, many of whom had...

. However, relatively few forces arrived, because Churchill was focused on first defeating the Axis Powers
Axis Powers
The Axis powers , also known as the Axis alliance, Axis nations, Axis countries, or just the Axis, was an alignment of great powers during the mid-20th century that fought World War II against the Allies. It began in 1936 with treaties of friendship between Germany and Italy and between Germany and...

 in Europe before turning to Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...

. Curtin made the decision in December 1941 to recall the 6th Division
Australian 6th Division
The 6th Division of the Australian Army was a unit in the Second Australian Imperial Force during World War II. It served in the North African campaign, the Greek campaign and the New Guinea campaign, including the crucial battles of the Kokoda Track, among others...

 and the 7th Division
Australian 7th Division
The 7th Division was an infantry division of the Australian Army. It was formed in February 1940 to serve in World War II, as part of the Second Australian Imperial Force...

 to defend Australia, although the 9th Division
Australian 9th Division
The 9th Division was a division of the Australian Army that served during World War II. It was the fourth division of the Second Australian Imperial Force and was formed in the United Kingdom in late 1940 from infantry brigades and support units which had been previously raised in Australia and...

 remained in North Africa until Axis forces there were defeated. Curtin openly stated that Australia was turning to America rather than the United Kingdom.

Before the 1940s, the United Kingdom had managed Australia's foreign relations as a matter of course. Curtin's decision to formally adopt the Statute of Westminster in late 1942 was a demonstration to the international community that Australia was an independent nation.

Provisions of the Act

The act had just three sections, one setting out the short title
Short title
The short title is the formal name by which a piece of primary legislation may by law be cited in the United Kingdom and other Westminster-influenced jurisdictions , as well as the United States. It contrasts with the long title which, while usually being more fully descriptive of the...

, one declaring that the Act was to come into operation as soon as it received Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...

, and one declaring that the Statute of Westminster had been adopted, and was considered to have had effect since 3 September 1939, the beginning of World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...

. For a simple Act, it had a significant effect.

Section 2 of the Statute of Westminster abrogated the effect of the Colonial Laws Validity Act of 1865, and adopting it meant that laws made by the Parliament of Australia
Parliament of Australia
The Parliament of Australia, also known as the Commonwealth Parliament or Federal Parliament, is the legislative branch of the government of Australia. It is bicameral, largely modelled in the Westminster tradition, but with some influences from the United States Congress...

 which were repugnant to British laws were no longer invalid. Section 4 of the Statute provided that laws made by the Parliament of the United Kingdom
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...

 would only have effect on a Dominion
Dominion
A dominion, often Dominion, refers to one of a group of autonomous polities that were nominally under British sovereignty, constituting the British Empire and British Commonwealth, beginning in the latter part of the 19th century. They have included Canada, Australia, New Zealand, Newfoundland,...

 at the request of the government of that Dominion.

Under the Colonial Courts of Admiralty Act 1890, the British monarch had the ability to reserve certain legislation for his or her own consideration, rather than simply allowing the Governor-General
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...

 to give the Royal Assent on the monarch's behalf. Section 6 of the Statute removed this power. The Statute also removed British control over merchant shipping in Australian waters.
The source of this article is wikipedia, the free encyclopedia.  The text of this article is licensed under the GFDL.
 
x
OK