The Dominions as Sovereign States: Their Constitutions and Governments

The Dominions as Sovereign States: Their Constitutions and Governments

The Dominions as Sovereign States: Their Constitutions and Governments

The Dominions as Sovereign States: Their Constitutions and Governments

Excerpt

The time seems at last to have arrived when the status of the Dominions can be set forth with a certain measure of assurance that no events in the near future will happen to disturb the essential principles affecting their place in the Empire or the Commonwealth. General Hertzog announced at the Imperial Conference that he had no fundamental issues affecting the constitution of the Commonwealth to bring forward, and in point of fact, in the absence of Mr. De Valera or any representative, no vital questions were presented for solution. Hence the time is appropriate for a fundamental revision of the doctrines presented in The Sovereignty of the British Dominions and The Constitutional Law of the British Dominions, issued in 1929 and 1933 respectively. The former work was written before the task of carrying into effect the principles tentatively formulated in the Report of the Imperial Conference of 1926 had been commenced by the experts whose Conference in 1929 preluded the decisions of the Imperial Conference of 1930. The latter dealt with the effect of that Conference and the far-reaching legal issues involved in the Statute of Westminster, 1931. Since then the terms of the Statute have been the subject of full investigation by the Privy Council, which has, directly or indirectly, set the seal of its approval on the important legislation promoted by Canada, the Union of South Africa, and the Irish Free State on the basis of the wide freedom accorded by the Statute. The sovereignty . . .

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