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 The Cabinet of Canada (french: Cabinet du Canada) is a body of ministers of the Crown that, along with the Canadian monarch, and within the tenets of the Westminster system, forms the government of Canada. Chaired by the prime minister, the ...

's consent to '' His Majesty's Declaration of Abdication Act 1936'', an act of the

United Kingdom parliament The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremac ...

that allowed the abdication of Edward VIII. This ratification was of symbolic value only, because under the ''

Statute of Westminster 1931 The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that sets the basis for the relationship between the Commonwealth realms and the Crown. Passed on 11 December 1931, the statute increased the sovereignty of the ...

'', the UK act was already part of Canadian law by virtue of the Canadian cabinet's prior request and consent.

Background

Edward VIII Edward VIII (Edward Albert Christian George Andrew Patrick David; 23 June 1894 – 28 May 1972), later known as the Duke of Windsor, was King of the United Kingdom and the Dominions of the British Empire and Emperor of India from 20 January 1 ...

abdicated in order to marry

Wallis Simpson Wallis, Duchess of Windsor (born Bessie Wallis Warfield, later Simpson; June 19, 1896 – April 24, 1986), was an American socialite and wife of the former King Edward VIII. Their intention to marry and her status as a divorcée caused a ...

after facing opposition from the governments of the United Kingdom and the

Dominion The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 ...

s, 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 Governor-general (plural ''governors-general''), or governor general (plural ''governors general''), is the title of an office-holder. In the context of governors-general and former British colonies, governors-general are appointed as viceroy ...

, John Buchan, 1st Baron Tweedsmuir. However, Edward was still king until

Royal Assent Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...

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

, 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 An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''Kin ...

of the Privy Council of Canada. Australia, South Africa, and New Zealand did likewise. Edward as

King-in-Council The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of ap ...

then issued an Order in his British Privy Council to authorize the inclusion of the Dominions in the ''Abdication Act''. The South African parliament later passed ''

His Majesty King Edward the Eighth's Abdication Act, 1937 His Majesty King Edward the Eighth's Abdication Act, 1937 (Act No. 2 of 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 A ...

'', backdating George VI's accession in South Africa to 10 December 1936. The

Irish Free State The Irish Free State ( ga, Saorstát Éireann, , ; 6 December 192229 December 1937) was a state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-year Irish War of Independence between ...

did not incorporate the UK act but recognized the abdication in the ''

Executive Authority (External Relations) Act 1936 The Executive Authority (External Relations) Act 1936 (No. 58 of 1936) was an Act of the Oireachtas (Irish parliament). The Act, which was signed into law on 12 December 1936, was one of two passed hurriedly in the aftermath of the Edward VIII ...

''.

Canadian law

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 and the Governor General had already proclaimed the Duke of York as King

George VI George VI (Albert Frederick Arthur George; 14 December 1895 – 6 February 1952) was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death in 1952. He was also the last Emperor of I ...

. (Indeed, Royal Assent to the Canadian bill was granted in the name of 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." 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).

References

External links

Succession to the Throne Act 1937

Order in Council P.C. 3144
Order in Council regarding Canadian Request and Consent for Enactment of United Kingdom Legislation altering Succession

{{Canadian monarchy Legal history of Canada Constitution of Canada Monarchy in Canada Canadian federal legislation 1937 in Canadian law 1937 in international relations Abdication of Edward VIII Succession acts Succession to the Canadian Crown

Background

Canadian law

See also

References

External links