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Westminster, Statute of : ウィキペディア英語版
Statute of Westminster 1931


The Statute of Westminster, 1931 is an Act of the Parliament of the United Kingdom and separate versions of it are now domestic law within Australia and Canada; it has been repealed in New Zealand and implicitly by subsequent laws in former Commonwealth realms. Passed on 11 December 1931, the act, either immediately or upon ratification, effectively both established the legislative independence of the self-governing Dominions of the British Empire from the United Kingdom and bound them all to seek each other's approval for changes to monarchical titles and the common line of succession. It thus became a statutory embodiment of the principles of equality and common allegiance to the Crown set out in the Balfour Declaration of 1926. It thus had the effect of making the Dominions sovereign nations.
The Statute of Westminster's relevance today is that it sets the basis for the continuing relationship between the Commonwealth realms and the Crown.
==Application==
The Statute of Westminster gave effect to certain political resolutions passed by the Imperial Conferences of 1926 and 1930; in particular, the Balfour Declaration of 1926. The main effect was the removal of the ability of the British parliament to legislate for the Dominions, part of which also required the repeal of the Colonial Laws Validity Act 1865 in its application to the Dominions. King George V expressed his desire that the laws of succession be exempt from the statute's provisions, but, it was determined that would be contrary to the principles of equality set out in the Balfour Declaration. Both Canada and the Irish Free State pushed for the ability to amend the succession laws themselves and section 2(2) (allowing a Dominion to amend or repeal laws of paramount force, such as the succession laws, insofar as they are part of the law of that Dominion) was included in the Statute of Westminster at Canada's insistence. After the statute was passed, the British parliament could no longer make laws for the Dominions, other than with the request and consent of the government of that Dominion. Before then, the Dominions had legally been self-governing colonies of the United Kingdom. However, the statute had the effect of making them sovereign nations once they adopted it.
The Statute of Westminster provides that:
No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to, the enactment thereof.

It also states:
No law and no provision of any law made after the commencement of this Act by the Parliament of a Dominion shall be void or inoperative on the ground that it is repugnant to the Law of England, or to the provisions of any existing or future Act of Parliament of the United Kingdom, or to any order, rule, or regulation made under any such Act, and the powers of the Parliament of a Dominion shall include the power to repeal or amend any such Act, order, rule, or regulation insofar as the same is part of the law of the Dominion.

The statute applied to Canada, the Irish Free State, and the Union of South Africa without the need for any acts of ratification; the governments of those countries gave their consent to the application of the law to their respective jurisdiction. Section 10 required the parliaments of the other three Dominions—Australia, New Zealand, and Newfoundland—to adopt the statute before it would apply to them as part of their domestic laws.
Since 1931, over a dozen new Commonwealth realms have been created, all of which now hold the same powers as the United Kingdom, Canada, Australia, and New Zealand over matters of change to the monarchy, though the Statute of Westminster is not part of their laws. Ireland and South Africa are now republics and Newfoundland is part of Canada.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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