Succession to the Throne Act, 1937 | |
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Parliament of Canada | |
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Enacted by | Parliament of Canada |
Royal assent | 31 March 1937 |
Status: In force |
Part of a series on the |
Constitution of Canada |
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Lawportal |
The Succession to the Throne Act, 1937 (1 Geo. VI, c.16) 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.
Edward VIII abdicated in order to marry Wallis Simpson after facing opposition from the governments of the United Kingdom and the Dominions, including Canada's. Edward signed instruments of abdication on 10 December, mailing one instrument, with advance notice by cable, to each Dominion; Canada's went to the Governor General, John Buchan, 1st Baron Tweedsmuir. [1] However, Edward was still king until royal assent was granted to His Majesty's Declaration of Abdication Act 1936, which was passed through the British Houses of Parliament on 11 December, with no amendments. Under the terms of the Statute of Westminster 1931, the British parliament could pass legislation for a Dominion only at the request and with the approval of that Dominion's government. The Canadian government duly requested and gave its consent, via an Order in Council of the Privy Council of Canada. [1] [2] Australia, South Africa, and New Zealand did likewise. Edward as King-in-Council then issued an Order in his British Privy Council to authorize the inclusion of the Dominions in the Abdication Act. [3] The South African parliament later passed His Majesty King Edward the Eighth's Abdication Act, 1937, backdating George VI's accession in South Africa to 10 December 1936. The Irish Free State did not incorporate the UK act but recognized the abdication in the Executive Authority (External Relations) Act 1936.
The Canadian act ratified the changes to the rules of succession in Canada and assured consistency with the changes in the rules then in place in the United Kingdom and the other Dominions. The Canadian act was not legally required at the time, as the Canadian government's request and consent to His Majesty's Declaration of Abdication Act 1936 had already made it part of Canada's law [2] and the Governor General had already proclaimed the Duke of York as King George VI (indeed, royal assent to the Canadian bill was granted in the name of George VI. [4] ) 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." [5] Under present Canadian law, the Canadian government cannot request and consent to any British act becoming part of Canadian law, under both the UK parliament's Canada Act, 1982 (which renounced the right in UK law), and Canadian parliament's Constitution Act, 1982 (which repealed the 1931 provision in Canada). [2]
The Act of Settlement is an act of the Parliament of England that settled the succession to the English and Irish crowns to only Protestants, which passed in 1701. More specifically, anyone who became a Roman Catholic, or who married one, became disqualified to inherit the throne. This had the effect of deposing the remaining descendants of Charles I, other than his Protestant granddaughter Anne, as the next Protestant in line to the throne was Sophia of Hanover. Born into the House of Wittelsbach, she was a granddaughter of James VI and I from his most junior surviving line, with the crowns descending only to her non-Catholic heirs. Sophia died less than two months before Queen Anne, and Sophia's son succeeded to the throne as King George I, starting the Hanoverian dynasty in Britain.
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 monarch since 8 September 2022 is King Charles III, who ascended the throne on 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, who was divorced from her first husband and was in the process of divorcing her second.
A Commonwealth realm is one of a group of sovereign states within the Commonwealth of Nations that have the same person, currently Charles III, as their monarch and head of state. All the realms are independent of each other, although one person, resident in the United Kingdom, acts as monarch of each. Except for the UK, in each of the realms the monarch is represented by a governor-general. The phrase Commonwealth realm is an informal description not used in any law.
The Royal Marriages Act 1772 was an Act of the Parliament of Great Britain which prescribed the conditions under which members of the British royal family could contract a valid marriage, in order to guard against marriages that could diminish the status of the royal house. The right of veto vested in the sovereign by this Act provoked severe adverse criticism at the time of its passage.
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.
His Majesty's Declaration of Abdication Act 1936 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 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 other 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 monarchy of Australia is a key component of Australia's form of government, by which a hereditary monarch serves as the country's sovereign and head of state. It is a constitutional monarchy, modelled on the Westminster system of parliamentary democracy, while incorporating features unique to the constitution of Australia.
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.
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.
The Perth Agreement was made in Australia in 2011 by the prime ministers of what were then the sixteen states known as Commonwealth realms, all recognising Elizabeth II as their head of state. The document agreed that the governments of the realms would amend their laws concerning the succession to their shared throne and related matters. The changes, in summary, comprised:
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.