His Majesty King Edward the Eighth's Abdication Act, 1937
His Majesty King Edward the Eighth's Abdication Act, 1937 | |
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Parliament of South Africa | |
Long title
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Citation | Act No. 2 of 1937 |
Territorial extent | Republic of South Africa Constitution Act, 1961 |
Related legislation | |
His Majesty's Declaration of Abdication Act 1936 (UK) | |
Status: Repealed |
His Majesty King Edward the Eighth's Abdication Act, 1937 (Act No. 2 of 1937) was an
The Statute of Westminster 1931 gave the dominions, including the Union of South Africa, full legislative independence from the United Kingdom, and provided that no act of the British Parliament would apply in a dominion unless the dominion requested and consented that it do so. The preamble of the statute also stated that any changes to the succession to the throne would require the assent of the parliaments of all of the dominions. After Edward signed the Instrument of Abdication on 10 December 1936, the British government communicated with the Dominion governments, who agreed to the passage of the Abdication Act by the British Parliament.[1] Only the Canadian government formally "requested and consented", however, while the Australian, New Zealand and South African governments merely "assented" to the legislation.[2]
The legal position in South Africa was further complicated by the provisions of the Status of the Union Act, 1934. Section two of that act provided that no act of the British parliament would apply in South Africa without an act of the South African parliament making it applicable; this was a stricter requirement than the "request and consent" requirement of the Statute of Westminster. On the other hand, section five of the Status of the Union Act defined the succession to the throne by reference to the law of succession applicable in the United Kingdom.[2]
To resolve this confusion, the South African parliament enacted in February 1937 its own Abdication Act. It contained the same provisions as the British act, declaring the accession of George VI to the throne, excluding Edward VIII and his descendants from any right to the throne, and excluding them from the provisions of the
The act was repealed by the South African Constitution of 1961 when South Africa became a republic.
References
- ^ Heard, Andrew (1990). "Canadian Independence". Retrieved 5 June 2012.
- ^ a b E. C. S. W. (June 1937). "Declaration of Abdication Act, 1936". Modern Law Review. 1 (1): 64–66.
External links
- Works related to His Majesty King Edward the Eighth's Abdication Act, 1937 at Wikisource