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
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace ...
that recognised and ratified the abdication of King
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 ...
and passed succession to his brother 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 Death and state funeral of George VI, his death in 1952 ...
. 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
Wallis, Duchess of Windsor (born Bessie Wallis Warfield, later Spencer and then Simpson; June 19, 1896 – April 24, 1986) was an American socialite and the wife of Prince Edward, Duke of Windsor (former King Edward VIII). Their intentio ...
, after facing opposition from the governments of the United Kingdom and the Dominions.
Passage through Parliament
The bill was introduced by
Stanley Baldwin
Stanley Baldwin, 1st Earl Baldwin of Bewdley (3 August 186714 December 1947), was a British statesman and Conservative politician who was prominent in the political leadership of the United Kingdom between the world wars. He was prime ministe ...
as Prime Minister and supported by
Clement Attlee
Clement Richard Attlee, 1st Earl Attlee (3 January 18838 October 1967) was a British statesman who was Prime Minister of the United Kingdom from 1945 to 1951 and Leader of the Labour Party (UK), Leader of the Labour Party from 1935 to 1955. At ...
as
Leader of the Opposition
The Leader of the Opposition is a title traditionally held by the leader of the Opposition (parliamentary), largest political party not in government, typical in countries utilizing the parliamentary system form of government. The leader of the ...
.
Independent Labour Party
The Independent Labour Party (ILP) was a British political party of the left, established in 1893 at a conference in Bradford, after local and national dissatisfaction with the Liberal Party (UK), Liberals' apparent reluctance to endorse work ...
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
Republicanism is a political ideology that encompasses a range of ideas from civic virtue, political participation, harms of corruption, positives of mixed constitution, rule of law, and others. Historically, it emphasizes the idea of self ...
. The amendment was seconded by the ILP's
Campbell Stephen. The amendment failed 403 to 5.
Procedure and timing
Although Edward VIII had signed a declaration of abdication the previous day 10 December 1936 he remained king until giving
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 othe ...
to His Majesty's Declaration of Abdication Act, which he did on 11 December, at 1.52 p.m., with the Act becoming immediately effective.
[The Times, No. 47,556, Royal Edition, London Saturday 12 December 1936, p. 17: "Court Circular - BUCKINGHAM PALACE, 11 Dec]
/ref>
The act was passed through the British Houses of Parliament in one day, with no amendments. As the Statute of Westminster 1931
The Statute of Westminster 1931 is an act of the Parliament of the United Kingdom that significantly increased the autonomy of the Dominions of the British Commonwealth.
Passed on 11 December 1931, the statute increased the sovereignty of t ...
stipulated that the line of succession must remain the same throughout the Crown's realms, the governments of some of the British Dominions
A dominion was any of several largely self-governance, self-governing countries of the British Empire, once known collectively as the ''British Commonwealth of Nations''. Progressing from colonies, their degrees of self-governing colony, colon ...
Canada
Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
, Australia
Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...
, the Union of South Africa
The Union of South Africa (; , ) was the historical predecessor to the present-day South Africa, Republic of South Africa. It came into existence on 31 May 1910 with the unification of the British Cape Colony, Cape, Colony of Natal, Natal, Tra ...
, and New Zealand
New Zealand () is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and List of islands of New Zealand, over 600 smaller islands. It is the List of isla ...
requested and gave their permission for the act to become part of the law of their respective realms.
The Canadian parliament
The Parliament of Canada () is the federal legislature of Canada. The Crown, along with two chambers: the Senate and the House of Commons, form the bicameral legislature.
The 343 members of the lower house, the House of Commons, are styled a ...
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
His Majesty King Edward the Eighth's Abdication Act, 1937 (Act No. 2 of 1937) was an act of Parliament, act of the Parliament of South Africa that ratified the Edward VIII abdication crisis, abdication of King Edward VIII and the succession to th ...
, 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
The Irish Free State (6 December 192229 December 1937), also known by its Irish-language, Irish name ( , ), was a State (polity), state established in December 1922 under the Anglo-Irish Treaty of December 1921. The treaty ended the three-ye ...
, which had been independent from the United Kingdom as a dominion
A dominion was any of several largely self-governance, self-governing countries of the British Empire, once known collectively as the ''British Commonwealth of Nations''. Progressing from colonies, their degrees of self-governing colony, colon ...
since December 1922, and in which the monarch still had some diplomatic functions, the ''Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
'' (parliament) passed the Executive Authority (External Relations) Act 1936, recognising George VI as king from 12 December 1936.
References
External links
*
*
Digital Reproduction of the Original Act on the Parliamentary Archives catalogue
Original letters patent
appointing Lords Commissioners
The Lords Commissioners are Privy Council of the United Kingdom, privy counsellors appointed by the monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament of the United Kingdom, Parliament whic ...
to give royal assent to the Act (UK Parliamentary Archives)
{{Authority control
1936 in British law
United Kingdom Acts of Parliament 1936
Constitutional laws of the United Kingdom
1936 in international relations
Abdication of Edward VIII
Succession acts
Acts of the Parliament of the United Kingdom concerning the British Royal Family