Act of Parliament | |
Long title | An Act to give effect to His Majesty's declaration of abdication; and for purposes connected therewith. |
---|---|
Citation | 1 Edw. 8. & 1 Geo. 6. c. 3 |
Introduced by | Stanley Baldwin, Prime Minister of the United Kingdom (Commons) Viscount Halifax, Leader of the House of Lords (Lords) |
Territorial extent | United Kingdom; British Empire |
Dates | |
Royal assent | 11 December 1936 |
Commencement | 11 December 1936 |
Other legislation | |
Amends | Act of Settlement 1701, Royal Marriages Act 1772 |
Relates to | Statute of Westminster 1931 |
Status: Current legislation | |
Text of statute as originally enacted |
His Majesty's Declaration of Abdication Act 1936 (1 Edw. 8. & 1 Geo. 6. c. 3) is the act of the Parliament of the United Kingdom that recognised and ratified the abdication of King Edward VIII and passed succession to his brother King George VI. The act also excluded any possible future descendants of Edward from the line of succession. Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the governments of the United Kingdom and the Dominions.
The bill was introduced by Stanley Baldwin as Prime Minister and supported by Clement Attlee as Leader of the Opposition.
Independent Labour Party MP James Maxton proposed an amendment that would have blocked the bill, arguing for the abolition of the monarchy given the turmoil and to introduce republicanism. The amendment was seconded by the ILP's Campbell Stephen. The amendment failed 403 to 5. [1]
Although Edward VIII had signed a declaration of abdication the previous day 10 December 1936 he remained king until giving royal assent to His Majesty's Declaration of Abdication Act, which he did on 11 December, [2] at 1.52 p.m., with the Act becoming immediately effective. [3]
The act was passed through the British Houses of Parliament in one day, with no amendments. As the Statute of Westminster 1931 stipulated that the line of succession must remain the same throughout the Crown's realms, the governments of some of the British Dominions Canada, Australia, the Union of South Africa, and New Zealand requested and gave their permission for the act to become part of the law of their respective realms.
The Canadian parliament later passed the Succession to the Throne Act, 1937 to ratify changes to the rules of succession in Canada and ensure consistency with the changes in the rules then in place in the United Kingdom. South Africa passed His Majesty King Edward the Eighth's Abdication Act, 1937, which declared the abdication to have taken effect on 10 December 1936. Australia and New Zealand did not adopt the Statute of Westminster 1931 until the 1940s and did not pass their own legislation. In the Irish Free State, which had been independent from the United Kingdom as a dominion since December 1922, and in which the monarch still had some diplomatic functions, the Oireachtas (parliament) passed the Executive Authority (External Relations) Act 1936, recognising George VI as king from 12 December 1936.
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Dominions and the Crown.
The monarchy of the United Kingdom, commonly referred to as the British monarchy, is the form of government used by the United Kingdom by which a hereditary monarch reigns as the head of state, with their powers regulated by the British Constitution. The term may also refer to the role of the royal family within the UK's broader political structure. The current monarch is King Charles III, who ascended the throne on 8 September 2022 upon the death of Queen Elizabeth II, his mother.
In early December 1936, a constitutional crisis in the British Empire arose when King Edward VIII proposed to marry Wallis Simpson, an American socialite who was divorced from her first husband and was in the process of divorcing her second.
Duke of Windsor was a title in the Peerage of the United Kingdom. It was created on 8 March 1937 for the former monarch Edward VIII, following his abdication on 11 December 1936. The dukedom takes its name from the town where Windsor Castle, a residence of English monarchs since the time of Henry I, following the Norman Conquest, is situated. Windsor has been the house name of the royal family since 1917.
In political science, a constitutional crisis is a problem or conflict in the function of a government that the political constitution or other fundamental governing law is perceived to be unable to resolve. There are several variations to this definition. For instance, one describes it as the crisis that arises out of the failure, or at least a strong risk of failure, of a constitution to perform its central functions. The crisis may arise from a variety of possible causes. For example, a government may want to pass a law contrary to its constitution; the constitution may fail to provide a clear answer for a specific situation; the constitution may be clear but it may be politically infeasible to follow it; the government institutions themselves may falter or fail to live up to what the law prescribes them to be; or officials in the government may justify avoiding dealing with a serious problem based on narrow interpretations of the law. Specific examples include the South African Coloured vote constitutional crisis in the 1950s, the secession of the southern U.S. states in 1860 and 1861, the dismissal of the Australian federal government in 1975 and the 2007 Ukrainian crisis. While the United Kingdom of Great Britain and Northern Ireland does not have a codified constitution, it is deemed to have an uncodified one, and issues and crises in the UK and its constituent countries are described as constitutional crises.
A Commonwealth realm is a sovereign state within the Commonwealth that has Charles III as its monarch and ceremonial head of state. All the realms are independent of the others, though one person, resident in the United Kingdom, acts as monarch of each. The phrase Commonwealth realm is an informal description not used in any law.
Succession to the British throne is determined by descent, sex, legitimacy, and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in "communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.
The Regency Acts are Acts of the Parliament of the United Kingdom passed at various times, to provide a regent in the event of the reigning monarch being incapacitated or a minor. Prior to 1937, Regency Acts were passed only when necessary to deal with a specific situation. In 1937, the Regency Act 1937 made general provision for a regent, and established the office of Counsellor of State, a number of whom would act on the monarch's behalf when the monarch was temporarily absent from the realm or experiencing an illness that did not amount to legal incapacity. This Act, as modified by the Regency Acts of 1943 and 1953, forms the main law relating to regency in the United Kingdom today.
From 1910 to 1961 the Union of South Africa was a self-governing country that shared a monarch with the United Kingdom and other Dominions of the British Empire. The monarch's constitutional roles were mostly delegated to the Governor-General of the Union of South Africa.
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 personal union with the monarchy of the United Kingdom and other members of what was then called the British Commonwealth. The monarch as head of state was represented in the Irish Free State by his Governor-General, who performed most of the monarch's duties based on the advice of elected Irish officials.
Demise of the Crown is the legal term in the United Kingdom and the Commonwealth realms for the transfer of the Crown upon the death or abdication of the monarch. The Crown transfers automatically to the monarch's heir. The concept evolved in the kingdom of England, and was continued in Great Britain and then the United Kingdom. The concept also became part of the constitutions of the British colonies, and was continued in the constitutions of the Commonwealth realms, until modified within those realms.
The Irish Free State Constitution Act 1922 was an Act of the Parliament of the United Kingdom, passed in 1922 to enact in UK law the Constitution of the Irish Free State, and to ratify the 1921 Anglo-Irish Treaty formally.
The Succession to the Throne Act, 1937 is a 1937 act of the Canadian parliament that ratified the Canadian cabinet's consent to His Majesty's Declaration of Abdication Act 1936, an act of the United Kingdom parliament that allowed the abdication of Edward VIII. This ratification was of symbolic value only, because, under the Statute of Westminster 1931, the UK act was already part of Canadian law by virtue of the Canadian cabinet's prior request and consent.
Australia is a constitutional monarchy whose Sovereign also serves as Monarch of the United Kingdom, New Zealand, Canada and eleven other former dependencies of the United Kingdom including Papua New Guinea, which was formerly a dependency of Australia. These countries operate as independent nations, and are known as Commonwealth realms. The history of the Australian monarchy has involved a shifting relationship with both the monarch and also the British government.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
Abdication is the act of formally relinquishing monarchical authority. Abdications have played various roles in the succession procedures of monarchies. While some cultures have viewed abdication as an extreme abandonment of duty, in other societies, abdication was a regular event and helped maintain stability during political succession.
His Majesty King Edward the Eighth's Abdication Act, 1937 was an act of the Parliament of South Africa that ratified the abdication of King Edward VIII and the succession to the throne of King George VI. Although the South African cabinet had assented to the passage of His Majesty's Declaration of Abdication Act 1936 by the Parliament of the United Kingdom at the time of the abdication in December 1936, the South African act was passed in February 1937 to resolve legal uncertainties.
Royal Succession bills and acts are laws or pieces of proposed legislation to determine the legal line of succession to the Monarchy of the United Kingdom.
The Succession to the Throne Act, 2013, gave Canada's assent to the United Kingdom's 2013 changes to the rules of succession to the British throne. It was passed by the Parliament of Canada as Bill C-53, and received royal assent on 27 March 2013. The act was brought into force by the Governor-General-in-Council on 26 March 2015.
On 12 December 1936, George VI was proclaimed king throughout the British Empire after the abdication of his brother Edward VIII following a constitutional crisis as result of the King's desire to marry twice-divorced American socialite Wallis Simpson.