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The Statute of Westminster is a piece of legislation that was passed by the Parliament of the United Kingdom in 1931. The statute is significant in the constitutional history of the British Empire and the evolution of the Commonwealth. Its key provisions granted legislative independence to the dominions within the British Empire, allowing them greater control over their own laws.
The Irish Free State never formally adopted the Statute of Westminster, its Executive Council (cabinet) taking the view that the Anglo-Irish Treaty of 1921 had already ended Westminster’s right to legislate for the Irish Free State.
The Free State’s constitution gave the Oireachtas “sole and exclusive power of making laws”. Hence, even before 1931, the Irish Free State did not arrest British Army and Royal Air Force deserters on its territory, even though the UK believed post-1922 British laws gave the Free State’s Garda Síochána the power to do so.
The UK’s Irish Free State Constitution Act 1922 said, however, “nothing in the [Free State] Constitution shall be construed as prejudicing the power of [the British] Parliament to make laws affecting the Irish Free State in any case where, in accordance with constitutional practice, Parliament would make laws affecting other self-governing Dominions”.
Background
The statute was named after Westminster, the location of the British Parliament. It aimed to address constitutional issues arising from the relationship between the United Kingdom and its self-governing dominions.
Legislative Independence
The primary purpose of the statute was to grant legislative independence to the dominions, including Canada, Australia, New Zealand, South Africa, and Newfoundland (which later joined Canada in 1949).
No Power to Override Dominion Laws
The statute declared that no act of the UK Parliament would have effect in a dominion unless the dominion explicitly accepted and requested it. In other words, the UK Parliament could no longer legislate for the dominions without their consent.
Equal Status of Dominions
The statute recognized that no law made by the Parliament of the United Kingdom would extend to a dominion as part of its law unless the dominion requested and consented to it. This reinforced the principle of equality among the dominions.
Modification of Colonial Laws
The dominions gained the authority to amend or repeal existing imperial legislation that applied to them. This allowed them to adapt British laws to their own circumstances.
Constitutional Evolution
The Statute of Westminster is considered a crucial step in the constitutional evolution of the British Empire into the Commonwealth of Nations. It marked a shift from imperial control to a more cooperative and equal relationship among the Commonwealth countries.
Adoption by Dominions
The statute was adopted by each dominion individually. Canada was the first to adopt it in 1931, followed by South Africa, Australia, New Zealand, and Newfoundland.
Later Amendments
The statute underwent amendments in subsequent years, including modifications made to it by the UK Parliament and by individual dominions.
The Statute of Westminster is seen as a key milestone in the development of constitutional independence for the dominions within the Commonwealth, paving the way for the establishment of fully sovereign nations.