Succession to the Throne Act 1937
Encyclopedia
The Succession to the Throne Act (1 Geo. VI, c.16) was the Act
of the Canadian Parliament
that
ratified Canadian consent to His Majesty's Declaration of Abdication Act 1936
, an Act of the United Kingdom Parliament that allowed King Edward VIII
to abdicate the throne, and passed the succession to Prince Albert, Duke of York
(who became King George VI
). The Canadian government had already given consent for the Act to apply in Canada under the provisions in the Statute of Westminster 1931
that allowed the British Parliament to legislate for the Commonwealth Realms with their consent.
Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the government of the United Kingdom and the Dominion
s, including Canada (See Abdication Crisis of Edward VIII). Although Edward VIII had signed a declaration of abdication the previous day, he was still King until Royal Assent
was granted to His Majesty's Declaration of Abdication Act 1936.
His Majesty's Declaration of Abdication Act 1936 was passed through the British Houses of Parliament in one day, with no amendments. The Canadian government gave its consent to the Act applying in Canada under the terms of the Statute of Westminster 1931
, which allowed the British Parliament to pass legislation for the Dominion with their consent. The Cabinet passed an Order in Council to authorize their inclusion in the Act. The governments of Australia
, the Union of South Africa
, and New Zealand
also gave their permission for the British Act to apply in their respective realms. South Africa later passed its own King Edward VIII's Abdication Act 1937, recognizing King George VI's accession as being on December 10, 1936. The Irish Free State
passed the similar External Relations Act, recognizing the Duke of York as King on December 12, 1936.
The Succession to the Throne Act ratified the changes to the rules of succession in Canada and to assure consistency with the changes in the rules then in place in the other realms. However, the Act was not legally required, as His Majesty's Declaration of Abdication Act 1936 already applied in Canada, and the Governor General had already proclaimed the Duke of York as King George VI. However constitutional experts noted that "Whether necessary or not, it was clearly designed to demonstrate Canada's equality with Britain in the British Commonwealth and to display the Canadian aspect of the monarchy."
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Canadian Parliament
Parliament of Canada
The Parliament of Canada is the federal legislative branch of Canada, seated at Parliament Hill in the national capital, Ottawa. Formally, the body consists of the Canadian monarch—represented by her governor general—the Senate, and the House of Commons, each element having its own officers and...
that
ratified Canadian consent to His Majesty's Declaration of Abdication Act 1936
His Majesty's Declaration of Abdication Act 1936
His Majesty's Declaration of Abdication Act 1936 was the Act of the British Parliament that allowed King Edward VIII to abdicate the throne, and passed succession to his brother Prince Albert, Duke of York . The Act also excluded any possible future descendants of Edward from the line of succession...
, an Act of the United Kingdom Parliament that allowed King Edward VIII
Edward VIII of the United Kingdom
Edward VIII was King of the United Kingdom and the Dominions of the British Commonwealth, and Emperor of India, from 20 January to 11 December 1936.Before his accession to the throne, Edward was Prince of Wales and Duke of Cornwall and Rothesay...
to abdicate the throne, and passed the succession to Prince Albert, Duke of York
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
(who became King George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
). The Canadian government had already given consent for the Act to apply in Canada under the provisions in 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...
that allowed the British Parliament to legislate for the Commonwealth Realms with their consent.
Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the government of the United Kingdom and the 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,...
s, including Canada (See Abdication Crisis of Edward VIII). Although Edward VIII had signed a declaration of abdication the previous day, he was still King until 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...
was granted to His Majesty's Declaration of Abdication Act 1936.
His Majesty's Declaration of Abdication Act 1936 was passed through the British Houses of Parliament in one day, with no amendments. The Canadian government gave its consent to the Act applying in Canada under the terms of 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...
, which allowed the British Parliament to pass legislation for the Dominion with their consent. The Cabinet passed an Order in Council to authorize their inclusion in the Act. The governments of Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the Union of South Africa
Union of South Africa
The Union of South Africa is the historic predecessor to the present-day Republic of South Africa. It came into being on 31 May 1910 with the unification of the previously separate colonies of the Cape, Natal, Transvaal and the Orange Free State...
, and 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...
also gave their permission for the British Act to apply in their respective realms. South Africa later passed its own King Edward VIII's Abdication Act 1937, recognizing King George VI's accession as being on December 10, 1936. 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...
passed the similar External Relations Act, recognizing the Duke of York as King on December 12, 1936.
The Succession to the Throne Act ratified the changes to the rules of succession in Canada and to assure consistency with the changes in the rules then in place in the other realms. However, the Act was not legally required, as His Majesty's Declaration of Abdication Act 1936 already applied in Canada, and the Governor General had already proclaimed the Duke of York as King George VI. However constitutional experts noted that "Whether necessary or not, it was clearly designed to demonstrate Canada's equality with Britain in the British Commonwealth and to display the Canadian aspect of the monarchy."
External links
- Text of the British Act that includes a photograph of the Instrument of Abdication