Adominion was any of several largelyself-governing countries of theBritish Empire, once known collectively as theBritish Commonwealth of Nations.[1][2] Progressing from colonies, their degrees ofcolonial self-governance increased unevenly over the late 19th century through the 1930s. Vestiges of empire lasted in some dominions well into the late 20th century. With the evolution of the British Empire following the 1945 conclusion of theSecond World War into the modernCommonwealth of Nations (after which the former Dominions were often referred to as theOld Commonwealth),[3][4] finalised in 1949, the dominions became independent states, either asCommonwealth republics orCommonwealth realms.
In 1925, thegovernment of the United Kingdom created theDominions Office from theColonial Office, although for the next five years they shared the same secretary in charge of both offices. "Dominion status" was first accorded toAustralia,Canada, theIrish Free State,New Zealand,Newfoundland, andSouth Africa at the1926 Imperial Conference through theBalfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance tothe Crown and freely associated as members of the British Commonwealth of Nations".[5] Their full legislative independence was subsequently confirmed in theStatute of Westminster 1931. In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. LaterCeylon (nowSri Lanka),India, andPakistan also became dominions for short periods.
With the transition of the British Empire into theCommonwealth of Nations in the immediate aftermath of the Second World War, it was decided that the termCommonwealth country should formally replacedominion for official Commonwealth usage.[6] This decision was made during the1949 Commonwealth Prime Ministers' Conference whenIndia was intending to become arepublic, so that both types of governments could become and remain full members of the Commonwealth, and this term hence refers to the realms and republics.
After this, the termdominion, without its legal dimension, stayed in use for around thirty more years for those Commonwealth countries which retained the British monarch as head of state. Gradually, particularly after 1953, the term was replaced by the termrealm, as equal realms ofthe Crown of the Commonwealth.
The termdominion means "that which is mastered or ruled". It was used by the British to describe their colonies or territorial possessions.[7]
Use ofdominion to refer to a particular territory within the British Empire dates back to the 16th century and was sometimes used to describeWales from 1535 to around 1800: for instance, theLaws in Wales Act 1535 applies to "the Dominion, Principality and Country of Wales".[8]Dominion, as an official title, was conferred on theColony of Virginia about 1660 and on theDominion of New England in 1686.
Under theBritish North America Act 1867, the partiallyself-governing colonies ofBritish North America were united into the Dominion of Canada. The new federal and provincial governments split considerable local powers, but Britain retained legislative supremacy, controlled trade, and international policy.[9] At the1907 Imperial Conference, the self-governing polities of Canada and the Commonwealth of Australia were referred to collectively asDominions for the first time.[10] Two otherself-governing colonies—New Zealand andNewfoundland—were referred to as dominions that same year. These were followed by theUnion of South Africa in 1910. TheOrder in Council annexing the island ofCyprus in 1914 declared that, from 5 November 1914, the island "shall be annexed to and form part of His Majesty's dominions".[11][12] Nonetheless, the Dominions enteredWorld War I as part of theBritish Empire and not as separate sovereign states.
Dominion status was formally accorded to Australia, Canada, the Irish Free State, New Zealand, Newfoundland, and South Africa and at the1926 Imperial Conference to designate "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations".[13]
The British government ofLloyd George had emphasised the use of the capital "D" when referring to theIrish Free State in theAnglo-Irish Treaty to assure it the same constitutional status in order to avoid confusion with the wider term "His Majesty's dominions", which referred to the British Empire as a whole.[14] At the time of the founding of theLeague of Nations in 1924, the League Covenant made provision for the admission of any "fully self-governing state, Dominion, or Colony",[15] the implication being that "Dominion status was something between that of acolony and a state".[16]
Dominions asserted full legislative independence, with direct access to the monarch as head of state previously reserved only for British governments. It also recognised autonomy in foreign affairs, including participation as autonomous countries in theLeague of Nations with full power over appointing ambassadors to other countries.[13]
FollowingWorld War II, the changes in the constitutional relationship between the countries that continued to share a common sovereign with the United Kingdom led to the upper case termDominion falling out of use.[18] The Dominions Office was formally changed to theCommonwealth Relations Office in 1947.
Map of the British Empire underQueen Victoria at the end of the nineteenth century. "The Queen's Dominions" refers to all territories belonging tothe Crown.
The status of "Dominion" established by the Statute of Westminster 1931 was capitalised to distinguish it from the more general sense of "within the Crown's dominions".[14]
The phrasethe Crown's dominions orHis/Her Majesty's dominions is a legal and constitutional phrase that refers to all the realms and territories of the British sovereign, whether independent or not. These territories include the United Kingdom and its colonies, including those that had become Dominions. Dependent territories that had never beenannexed and were notcolonies of the Crown, were notionally foreign territory and not "within the Crown's dominions".[19][page needed] When these territories—includingprotectorates and protected states (a status with greater powers of self-government), as well asLeague of Nations mandates (which later becameUnited Nations Trust Territories)—were granted independence and at the same time recognised the British monarch as head of state, the United Kingdom act granting independence declared that such and such a territory "shall form part of Her Majesty's dominions", and so become part of the territory in which the Queen exercisessovereignty, not merelysuzerainty.
UnderBritish nationality law, the status of "Dominion" ceased to exist on January 1, 1949, when it was decided that each Dominion would enact laws pertaining to its own citizenship.[20] However, "Dominion status" itself never ceased to exist within the greater scope of British law, because acts pertaining to "Dominion status", such as the Statute of Westminster 1931, have not been repealed in both the United Kingdom and historic Dominions such as Canada. The term "within the Crown's dominions" continues to apply in British law to those territories in which the British monarch remains head of state, and the term "self-governing dominion" is used in some legislation.[19][page needed] When a territory ceases to recognise the monarch as head of state, this status is changed by statute. Thus, for example, the BritishIreland Act 1949, recognised that the Republic of Ireland had "ceased to be part of His Majesty's dominions".
The foundation of "Dominion" status followed the achievement of internal self-rule in British Colonies, in the specific form of fullresponsible government (as distinct from "representative government"). Colonial responsible government began to emerge during the mid-19th century. Thelegislatures of Colonies with responsible government were able to make laws in all matters other than foreign affairs, defence and international trade, these being powers which remained with theParliament of the United Kingdom.
The conditions under which the four separate Australian colonies—New South Wales,Tasmania,Western Australia,South Australia—and New Zealand could gain full responsible government were set out by the British government in theAustralian Constitutions Act 1850.[21] The Act also separated theColony of Victoria (in 1851) from New South Wales. During 1856, responsible government was achieved by New South Wales,[22] Victoria,[23] South Australia,[24] and Tasmania,[25] and New Zealand. The remainder of New South Wales was divided in three in 1859, a change that established most of the present borders of NSW; theColony of Queensland, with its own responsible self-government,[26] and theNorthern Territory (which was not granted self-government prior tofederation of the Australian Colonies).[27]Western Australia did not receive self-government until 1891, mainly because of its continuing financial dependence on the UK government.[28] After protracted negotiations (that initially included New Zealand), six Australian colonies with responsible government (and their dependent territories) agreed to federate, along Canadian lines, becoming the Commonwealth of Australia in 1901.
In South Africa, theCape Colony became the first British self-governing colony, in 1872. (Until 1893, the Cape Colony also controlled the separateColony of Natal.) Following theSecond Boer War (1899–1902), the British Empire assumed direct control of theBoer Republics, but transferred limited self-government toTransvaal in 1906, and theOrange River Colony in 1907.
The New Zealand Observer (1907) showsNew Zealand Prime MinisterJoseph Ward as a pretentious dwarf beneath a massive "Dominion" top hat. The caption reads:The Surprise Packet: Canada: "Rather large for him, is it not?" Australia: "Oh, his head is swelling rapidly. The hat will soon fit."
In connection with proposals for the future government of British North America, use of the term "Dominion" was suggested bySamuel Leonard Tilley at theLondon Conference of 1866 discussing theconfederation of theProvince of Canada (subsequently becoming the provinces ofOntario andQuebec),Nova Scotia andNew Brunswick into "One Dominion under the Name of Canada", the first federation internal to the British Empire.[29] Tilley's suggestion was taken from the72nd Psalm, verse eight, "He shall havedominion also from sea to sea, and from the river unto the ends of the earth", which is echoed in the national motto, "A Mari Usque Ad Mare".[30] The new government of Canada under theBritish North America Act 1867 began to use the phrase "Dominion of Canada" to designate the new, larger country. However, neither the Confederation nor the adoption of the title of "Dominion" granted extra autonomy or new powers to this new federal level of government.[31][32] SenatorEugene Forsey wrote that the powers acquired since the 1840s that established the system ofresponsible government in Canada would simply be transferred to the new Dominion government:
By the time of Confederation in 1867, this system had been operating in most of what is now central and eastern Canada for almost 20 years. The Fathers of Confederation simply continued the system they knew, the system that was already working, and working well.[32]
The constitutional scholar Andrew Heard argues that Confederation did not legally change Canada's colonial status to anything approaching its later status of a Dominion.
At its inception in 1867, Canada's colonial status was marked by political and legal subjugation to British Imperial supremacy in all aspects of government—legislative, judicial, and executive. The Imperial Parliament at Westminster could legislate on any matter to do with Canada and could override any local legislation, the final court of appeal for Canadian litigation lay with theJudicial Committee of the Privy Council in London, theGovernor General of Canada had a substantive role as a representative of the British government, and ultimate executive power was vested in theBritish Monarch — who was advised only by British ministers in its exercise. Canada's independence came about as each of these sub-ordinations was eventually removed.[31]
When the Dominion of Canada was created in 1867, it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy. This Imperial supremacy could be exercised through several statutory measures. In the first place, theBritish North America Act of 1867 provided in Section 55 that the Governor General may reserve any legislation passed by the two Houses of Parliament for "the signification of Her Majesty's pleasure", which is determined according to Section 57 by theBritish Monarch in Council. Secondly, Section 56 provides that the Governor General must forward to "one of Her Majesty's Principal Secretaries of State" in London a copy of any Federal legislation that has been assented to. Then, within two years after the receipt of this copy, the (British) Monarch in Council coulddisallow an Act. Thirdly, at least four pieces of Imperial legislation constrained the Canadian legislatures. TheColonial Laws Validity Act 1865 provided that no colonial law could validly conflict with, amend, or repeal Imperial legislation that either explicitly, or by necessary implication, applied directly to that colony. The Merchant Shipping Act of 1894, as well as theColonial Courts of Admiralty Act 1890 required reservation of Dominion legislation on those topics for approval by the British Government. Also, theColonial Stock Act 1900 provided for the disallowance of any Dominion legislation the British government felt would harm British stockholders of Dominion trustee securities. Most importantly, however, the British Parliament could exercise the legal right of supremacy that it possessed over common law to pass any legislation on any matter affecting the colonies.[31]
For decades, the Dominions did not sign international treaties, nor have their ownembassies orconsulates in foreign countries. International treaties concerning them were transacted through London. Travel and commerce were transacted through British embassies and consulates. For example, matters concerningvisas and lost or stolenpassports of Dominion citizens were carried out at British diplomatic offices. In the late 1930s and early 1940s, Dominion governments established their own embassies, the first two of which were established byAustralia andCanada inWashington, D.C., in the United States.
As Heard later explained, the British government seldom invoked its powers over Canadian legislation. British legislative powers over Canadian domestic policy were largely theoretical and their exercise was increasingly unacceptable in the 1870s and 1880s. The rise to the status of a Dominion and then full independence for Canada and other possessions of the British Empire did not occur by the granting of titles or similar recognition by the British Parliament but by initiatives taken by the new governments of certain former British dependencies to assert their independence and to establish constitutional precedents.
What is remarkable about this whole process is that it was achieved with a minimum of legislative amendments. Much of Canada's independence arose from the development of new political arrangements, many of which have been absorbed into judicial decisions interpreting the constitution—with or without explicit recognition. Canada's passage from being an integral part of the British Empire to being an independent member of the Commonwealth richly illustrates the way in which fundamental constitutional rules have evolved through the interaction of constitutional convention, international law, and municipal statute and case law.[31]
What was significant about the creation of the Canadian and Australian federations was not that they were instantly granted wide new powers by the Imperial centre at the time of their creation; but that they, because of their greater size and prestige, were better able to exercise their existing powers and lobby for new ones than the various colonies they incorporated could have done separately. They provided a new model which politicians in New Zealand, Newfoundland, South Africa, Ireland, India, Malaysia could point to for their own relationship with Britain. Ultimately, "[Canada's] example of a peaceful accession to independence with a Westminster system of government came to be followed by 50 countries with a combined population of more than 2-billion people."[33]
Issues of colonial self-government spilled into foreign affairs with theSecond Boer War (1899–1902). The self-governing colonies contributed significantly to British efforts to stem the insurrection, but ensured that they set the conditions for participation in these wars. Colonial governments repeatedly acted to ensure that they determined the extent of their participation in imperial wars in the military build-up to theFirst World War.
The assertiveness of the self-governing countries was recognised in the Imperial Conference of 1907 which, on the motions of the Prime Ministers of Canada and Australia, introduced the idea of the Dominions as self-governing countries by referring to Canada and Australia as Dominions. It also retired the name "Colonial Conference" and mandated that meetings take place regularly to consult the Dominions in running the foreign affairs of the empire.
The Parliamentary Recruiting Committee produced thisFirst World War poster. Designed byArthur Wardle, the poster urges men from the Dominions of the British Empire to enlist in the war effort.
The initiatives and contributions of British colonies to the British war effort in the First World War were recognised by Britain with the creation of theImperial War Cabinet in 1917, which gave them a say in the running of the war. Dominion status as self-governing states, as opposed to symbolic titles granted various British colonies, waited until 1919, when the self-governing Dominions signed theTreaty of Versailles independently of the British government and became individual members of the League of Nations. This ended the purely colonial status of the Dominions.[34]
TheIrish Free State, set up in 1922 after theAnglo-Irish War, was the third Dominion to appoint a non-UK born, non-aristocratic Governor-General whenTimothy Michael Healy, following the tenures of SirGordon Drummond in Canada and of SirWalter Edward Davidson and SirWilliam Allardyce in Newfoundland, took the position in 1922. Dominion status was never popular in the Irish Free State where people saw it as a face-saving measure for aBritish government unable to countenance arepublic in what had previously been theUnited Kingdom of Great Britain and Ireland. Successive Irish governments undermined the constitutional links with the United Kingdom. In 1937, Ireland, as it renamed itself, adopted a newrepublican constitution that included powers for apresident of Ireland. At the same time, alaw delegating functions to the King, not as King in Ireland but as the symbol of the co-operation amongst Commonwealth countries with which Ireland associated itself, continued to apply in external relations. The last statutory functions of the King with respect to Ireland wereabolished in 1949.
Balfour Declaration of 1926 and Statute of Westminster
Until 1931, Newfoundland was referred to as a colony of the United Kingdom, as for example, in the 1927 reference to theJudicial Committee of the Privy Council to delineate the Quebec-Labrador boundary.[35] Full autonomy was granted by the United Kingdom parliament with theStatute of Westminster in December 1931.
By the request of Australia and New Zealand, the Statute of Westminster was not applied automatically to those two Dominions until their own parliaments confirmed it. Being economically close to Britain and dependent on it for defence, they did not do so until1942 for Australia and1947 for New Zealand.
In 1934, following Newfoundland's economic collapse, and with the approval of its own legislature, Britain suspended self-government in Newfoundland and instituted a "Commission of Government", which continued until Newfoundland became aprovince of Canada in 1949.
Australia, Canada, the Irish Free State, New Zealand, Newfoundland, and South Africa (prior to becoming a republic and temporarily leaving the Commonwealth in 1961), with their large populations of European descent, were sometimes collectively referred to as the "White Dominions".[36]
Continues as a Commonwealth realm.Dominion was conferred as the country's title in the1867 constitution, as a substitute for the title of "kingdom".[29][37][7][38]
The colony ofNewfoundland enjoyed responsible government from 1855 to 1907 when it became a Dominion.[39] Following the recommendations of a Royal Commission, and at the request of the Legislative Assembly and Legislative Council of Newfoundland, parliamentary government was suspended in 1934, due to severe financial difficulties resulting from the depression and a series of riots against the Newfoundland government in 1932.[40] In 1934, Newfoundland reverted to direct British rule, governed by an unelectedcommission of government appointed by the British government.[41] In 1949, it joined Canada and thelegislature was restored after 16 years ofdirect rule by Britain.[42]
Continued as a monarchy until it became a republic in 1961 under theRepublic of South Africa Constitution Act 1961, passed by the Parliament of South Africa, long title "To constitute the Republic of South Africa and to provide for matters incidental thereto", assented to 24 April 1961 to come into operation on 31 May 1961.[43]
Continued as a monarchy until 1972 when it became a republic under the name of Sri Lanka.
^There was no single constitutional or legislative change that abolished the status of "dominions". Theaccession proclamation of 1952 referred to "realms", and theRoyal Style and Titles Acts of 1953 changed references to "dominions" in the monarch's titles in the various Dominions to "realms", after which the termdominion generally fell into disuse, and the countries sharing the same monarch as the United Kingdom came to be referred to asrealms (with thepossible exception of Canada; see alsoName of Canada).
^TheIrish Free State was renamedÉire inIrish orIreland in English in December 1937. From December 1937 to April 1949, the Dominion was usually referred to asEire by the British government. See alsoNames of the Irish state.
Four colonies of Australia had enjoyed responsible government since 1856: New South Wales, Victoria, Tasmania and South Australia.[45] Queensland had responsible government soon after its founding in 1859.[46] Because of ongoing financial dependence on Britain, Western Australia became the last Australian colony to attain self-government in 1890.[47] During the 1890s, the colonies voted to unite and in 1901 they were federated under the British Crown as theCommonwealth of Australia by theCommonwealth of Australia Constitution Act. TheConstitution of Australia had been drafted in Australia and approved by popular consent. Thus Australia is one of the few countries established by a popular vote.[48] Under theBalfour Declaration of 1926, the federal government was regarded as coequal with (and not subordinate to) the British and other Dominion governments, and this was given formal legal recognition in 1942 (when theStatute of Westminster wasadopted retroactively to the commencement of the Second World War in 1939). In 1930, the Australian prime minister,James Scullin, reinforced the right of the overseas Dominions to appoint native-born governors-general, when he advised KingGeorge V to appoint SirIsaac Isaacs as his representative in Australia, against the wishes of the opposition and officials in London. The governments of the states (colonies before 1901) remained under the Commonwealth but retained links to the UK until the passage of theAustralia Act 1986.
The termDominion is employed in theConstitution Act, 1867 (originally theBritish North America Act 1867), and describes the resulting political union. Specifically, the preamble of the act states: "Whereas the Provinces of Canada, Nova Scotia, and New Brunswick have expressed their Desire to be federally united into One Dominion under the Crown of the United Kingdom of Great Britain and Ireland, with a Constitution similar in Principle to that of the United Kingdom..." Furthermore, Sections 3 and 4 indicate that the provinces "shall form and be One Dominion under the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly".
According to theCanadian Encyclopedia (1999), "The word came to be applied to the federal government and Parliament, and under the Constitution Act, 1982, 'Dominion' remains Canada's official title."[49]
Usage of the phraseDominion of Canada was employed as the country's name after 1867, predating the general use of the termDominion as applied to the other autonomous regions of theBritish Empire after 1907. The phraseDominion of Canada does not appear in the 1867 act nor in theConstitution Act, 1982, but does appear in theConstitution Act, 1871, other contemporaneous texts, and subsequent bills. References to theDominion of Canada in later acts, such as theStatute of Westminster, do not clarify the point because all nouns were formallycapitalised in British legislative style.
Frank Scott theorised that Canada's status as a Dominion ended whenCanadian parliament declared war on Germany on 9 September 1939, separately and distinctly from the United Kingdom's declaration of war six days earlier.[50] By the 1950s, the term Dominion of Canada was no longer used by the United Kingdom, which considered Canada a "Realm of the Commonwealth".[51] The government ofLouis St. Laurent ended the practice of usingDominion in the statutes of Canada in 1951.[52][53] This began the phasing out of the use ofDominion, which had been used largely as a synonym of "federal" or "national" such as "Dominion building" for a post office, "Dominion-provincial relations", and so on. The last major change was renaming the national holiday fromDominion Day toCanada Day in 1982. Officialbilingualism laws also contributed to the disuse ofDominion, as it has no acceptable equivalent in French.
While the term may be found in older official documents, and the Dominion Carillonneur still tolls atParliament Hill, it is now hardly used to distinguish the federal government from the provinces or (historically) Canada before and after 1867. Nonetheless, the federal government continues to produce publications and educational materials that specify the currency of these official titles.[38][54][55] TheConstitution Act, 1982 does not mention and does not remove the title, and therefore a constitutional amendment may be required to change it.[37]
The wordDominion has been used with other agencies, laws, and roles:
Ceylon, which, as a Crown colony, was originally promised "fully responsible status within the British Commonwealth of Nations", was formally granted independence as aDominion in 1948. In 1972, it adopted a republican constitution to become the Free, Sovereign and Independent Republic ofSri Lanka. By a new constitution in 1978, it became the Democratic Socialist Republic of Sri Lanka.
TheIrish Free State (Ireland from 1937) was a British Dominion between 1922 and 1949. As established by theIrish Free State Constitution Act 1922 of theUnited Kingdom Parliament on 6 December 1922, the new state—which had Dominion status in the likeness of that enjoyed by Canada within the BritishCommonwealth of Nations—comprised the whole of Ireland. However, provision was made in the act for theParliament of Northern Ireland to opt out of inclusion in the Irish Free State, which—as had been widely expected at the time—it duly did one day after the creation of the new state, on 7 December 1922.[63]
Following a plebiscite of the people of the Irish Free State held on 1 July 1937, anew constitution came into force on 29 December of that year, establishing asuccessor state with the name of "Ireland" which ceased to participate in Commonwealth conferences and events. Nevertheless, the United Kingdom and other member states of the Commonwealth continued to regard Ireland as a Dominion owing to theunusual role accorded to the King under the IrishExecutive Authority (External Relations) Act 1936. Ultimately, however, Ireland'sOireachtas passedThe Republic of Ireland Act 1948, which came into force on 18 April 1949 and unequivocally ended Ireland's links with the British Monarch and the Commonwealth. This act was recognised by the United Kingdom in theIreland Act 1949.
TheNew Zealand Constitution Act 1852 gave New Zealand its ownParliament (General Assembly) and home rule in 1852.[64] In 1907 New Zealand was proclaimed theDominion of New Zealand.[65] New Zealand, Canada, and Newfoundland used the word Dominion in the official title of the state, whereas Australia usedCommonwealth of Australia, and South Africa usedUnion of South Africa. New Zealand adopted theStatute of Westminster in 1947[65] and in the same year legislation passed in London gave New Zealand full powers to amend its own constitution. In 1986, the New Zealand parliament passed theConstitution Act 1986, which repealed the New Zealand Constitution Act 1852 and the last constitutional links with the United Kingdom, formally ending its Dominion status.[66]
In 1934, after a series of financial difficulties (owing in part to Newfoundland's railway debt from the 1890s, and its debt from theFirst World War, both of which were exacerbated by the collapse of fish prices during theGreat Depression) and a riot against the elected government, Newfoundland voluntarily relinquished itselected parliament and autonomy, becoming a dependent territory of the British Empire until 1949. During these 15 years, Newfoundland was ruled by theNewfoundland Commission of Government, an unelected body of civil servants who were directly subordinate to theBritish Government inLondon, under the authority of a British statute, theNewfoundland Act 1933.[67] Despite the suspension of its legislature, and its de facto loss of Dominion status, Newfoundland continued to be regarded during these 15 years as a de jure Dominion[68]—evidently shown by the fact that Newfoundland continued to be a responsibility of theDominions Office in London—the intention of its commission of government not only to deal with Newfoundland's affairs, and dire economic situation, but to prepare the populace for the day that the legislature would be reconvened, and nationhood thus resumed.[69] Aftertwo referendums in 1948, Newfoundlanders rejected both the continuance of the Newfoundland Commission of Government and return to responsible government, voting instead to join Canada as its 10th province. This was achieved under theBritish North America Act 1949 (now known as theNewfoundland Act), which was passed in theParliament of the United Kingdom on 23 March 1949,[70] prior to theLondon Declaration of 28 April 1949.
Southern Rhodesia (Zimbabwe since 1980), coloured red on a map of Africa
Southern Rhodesia (renamed Zimbabwe in 1980) was a special case in theBritish Empire. Although it was never a Dominion de jure, it was treated as a Dominion in many respects, and came to be regarded as a de facto Dominion.[73] Southern Rhodesia was formed in 1923 out ofterritories of theBritish South Africa Company and established as a self-governing colony with substantial autonomy on the model of the Dominions. The imperial authorities in London retained direct powers over foreign affairs, constitutional alterations, native administration and bills regarding mining revenues, railways and the governor's salary.[74]
Southern Rhodesia was not one of the territories that were mentioned in the 1931Statute of Westminster although relations with Southern Rhodesia were administered in London through theDominions Office, not theColonial Office. When the Dominions were first treated as foreign countries by London for the purposes of diplomatic immunity in 1952, Southern Rhodesia was included in the list of territories concerned. This semi-Dominion status continued in Southern Rhodesia between 1953 and 1963, when it joinedNorthern Rhodesia andNyasaland in theCentral African Federation, with the latter two territories continuing to be British protectorates. When Northern Rhodesia was given independence in 1964 it adopted the new name ofZambia, prompting Southern Rhodesia to shorten its name toRhodesia, but Britain did not recognise this latter change.[74]
Rhodesiaunilaterally declared independence from Britain in 1965 as a result of the British government's insistence onno independence before majority rule (NIBMAR). London regarded this declaration as illegal, and applied sanctions and expelled Rhodesia from thesterling area.[75] Rhodesia continued with its Dominion-style constitution until 1970, and continued to issue British passports to its citizens. The Rhodesian government continued to profess its loyalty to the Queen, despite being in a state of rebellion against Her Majesty's Government in London, until 1970, when it adopted a republican constitution following areferendum the previous year.[76] This endured until the state's reconstitution asZimbabwe Rhodesia in 1979 under the terms of theInternal Settlement; this lasted until theLancaster House Agreement of December 1979, which put it under interim British rule while fresh elections were held. The country achieved independence deemed legal by the international community in April 1980, when Britain granted independence under the name Zimbabwe.[77]
Initially, the Dominions conducted their own trade policy, some limited foreign relations and had autonomousarmed forces, although the British government claimed and exercised the exclusive power to declare wars. However, after the passage of theStatute of Westminster the language of dependency on the Crown of the United Kingdom ceased, where the Crown itself was no longer referred to as the Crown of any place in particular but simply as "the Crown".Arthur Berriedale Keith, in Speeches and Documents on the British Dominions 1918–1931, stated that "the Dominions are sovereign international States in the sense that the King in respect of each of His Dominions (Newfoundland excepted) is such a State in the eyes of international law".[78] After then, those countries that were previously referred to as "Dominions" becameCommonwealth realms where the sovereign reigns no longer as the British monarch, but as monarch of each country in its own right, and are considered equal to the UK and one another.[18]
TheSecond World War, which fatally undermined Britain's already weakened commercial and financial leadership, further loosened the political ties between Britain and the Dominions. Australian Prime MinisterJohn Curtin's unprecedented action (February 1942) in successfully countermanding an order from British Prime MinisterWinston Churchill that Australian troops be diverted to defend British-heldBurma (the7th Division was then en route from the Middle East to Australia to defend against anexpected Japanese invasion) demonstrated that Dominion governments might no longer subordinate their own national interests to British strategic perspectives. To ensure that Australia had full legal power to act independently, particularly in relation to foreign affairs, defence industry and military operations, and to validate its past independent action in these areas, Australia formally adopted the Statute of Westminster in October 1942[79] and backdated the adoption to the start of the war in September 1939.
When theBritish Nationality Act 1948 entered into force on 1 January 1949, the former Dominions became fully independent, and adopted their own legislation governing nationality. InBritish nationality law, the Dominions were then referred to as "independent Commonwealth countries"; other former British dependencies that joined the Commonwealth were added to the list of "independent Commonwealth Countries" as they gained independence.[20]
Ireland ceased to be a member of the Commonwealth on 18 April 1949, upon the coming into force of theRepublic of Ireland Act 1948. This formally signalled the end of the former dependencies' common constitutional connection to the British Crown. India also adopted a republican constitution in January 1950. Unlike many dependencies that became republics, Ireland never re-joined the Commonwealth, which agreed to accept the British monarch as head of that association of independent states (although most of the individual countries had become republics).
The independence of the separate realms was emphasised after the accession of QueenElizabeth II in 1952, when she was proclaimed not just asQueen of the United Kingdom, but alsoQueen of Canada,Queen of Australia,Queen of New Zealand,Queen of South Africa, and of all her other "realms and territories" etc. This also reflected the change fromDominion torealm; in the proclamation of Queen Elizabeth II'snew titles in 1953, the phrase "of her other Realms and Territories" replaced "Dominion" with another mediaeval French word with the same connotation, "realm" (fromroyaume).[82] Thus, recently, when referring to one of those fifteen countries within the Commonwealth of Nations that share the same monarch, the phraseCommonwealth realm has come into common usage instead ofDominion to differentiate the Commonwealth nations that continue to share themonarch ashead of state (Australia, Canada, New Zealand, Jamaica, etc.) from those that do not (India, Pakistan, South Africa, etc.).[83] The term "Dominion" is still found in theCanadian constitution where it appears numerous times, but it is largely a vestige of the past, as the Canadian government does not actively use it (seeCanada section). The term "realm" does not appear in the Canadian constitution.
The practice of designating a diplomatic representative named "High Commissioner" (instead of "ambassador") for communication between the government of a Dominion and the British government in London continues in respect of members of the Commonwealth, including those that were never Dominions and those that have become republics.
Newly independent territories sometimes referred to as Dominions
The term "Dominion" remained in informal use for some years when relating to newly independent territories and was sometimes used to refer to the status of former British territories during an immediate post-independence period while the British monarch remained head of state, and the form of government a Westminster-style parliamentary democracy. The legal status of Dominion in British nationality law had ceased to exist on 1 January 1949. However, leaders of the independence movements sometimes called for Dominion status as one stage in the negotiations for independence (for example,Kwame Nkrumah ofGhana).[18] Moreover, while these independent states retained the British monarch as head of state, they remained "within the Crown's dominions" in British law, leading to the confusion of terminology.[19][page needed] These constitutions were typically replaced by republican constitutions within a few years.
After World War II, Britain attempted to repeat the Dominion model in decolonising the Caribbean. ... Though several colonies, such asGuyana andTrinidad and Tobago, maintained their formal allegiance to the British monarch, they soon revised their status to become republics. Britain also attempted to establish a Dominion model in decolonising Africa, but it, too, was unsuccessful. ...Ghana, the first former colony declared a Dominion in 1957, soon demanded recognition as a republic. Other African nations followed a similar pattern throughout the 1960s:Kenya, Malawi,Nigeria,Tanganyika, andUganda. In fact, only theGambia,Mauritius, andSierra Leone retained their Dominion status for more than three years.[84]
As the above quote indicates, the term Dominion was sometimes applied in Africa to Ghana (formerly theGold Coast) during the period from 1957 until 1960, when it became theRepublic of Ghana; Nigeria from 1960 until 1963, when it became theFederal Republic of Nigeria;[85]Uganda from 1962 to 1963;[86]Kenya, from 1963 to 1964;[87]Tanganyika from 1961 to 1962, after which it became a republic and then merged with the former British protectorate of Zanzibar to becomeTanzania;[88][89] theGambia from 1965 until 1970;[90]Sierra Leone from 1961 to 1971;[91] andMauritius from 1968 to 1992.[92] Malta also retained the Queen as head of state from 1964 to 1974 under the name ofState of Malta.[93] The term was also applied toFiji upon independence. Similar occasional references to Barbados (which retained the Queen as head of state from 1966 to 2021) as a "dominion" can be found in publications as late as the 1970s.[94][95]
Buckley, F. H. (2014).The Once and Future King: The Rise of Crown Government in America. New York: Encounter Books.ISBN978-1-59403-719-1.OCLC855580605.
^"Commonwealth migration since 1945: What was the context and impact of migration in modern Britain?".National Archives. Government of the united Kingdom. Retrieved29 August 2024.There was a significant demand for labour which came not only from the Caribbean but also from mainland Europe, Ireland, India, and Pakistan. However, it was opposition to Commonwealth and empire immigration that stood out, with a reluctance for example to accept skilled Caribbean labour. While wanting to allow entry to white people from the old Commonwealth, the government did not want to appear racist in any plans to restrict immigration from elsewhere in the empire and Commonwealth as governments of the newly emerging black Commonwealth took offence at moves to restrict movement to Britain from their respective countries while not applying the same rules to those from the white Commonwealth.
^Gregg, Robert W. “The Economic and Social Council: Politics of Membership.” The Western Political Quarterly, vol. 16, no. 1, 1963, pp. 109–32. JSTOR,https://doi.org/10.2307/445962. Accessed 5 Mar. 2024.
^Parsons, T. H. (2014).The Second British Empire: In the Crucible of the Twentieth Century. Lanham: Rowman & Littlefield. p. 128.ISBN978-1-4422-3529-8.OCLC870098208.
^abForsey, E. A.; Hayday, M."Dominion of Canada".The Canadian Encyclopedia.Archived from the original on 8 April 2022. Retrieved18 May 2023.
^Heard, Andrew (1990)."Canadian independence".Archived from the original on 21 February 2009. Retrieved12 February 2021.When the Dominion of Canada was created in 1867 it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy.
^Cyprus (Annexation) Order in Council, 1914, dated 5 November 1914.
^Order quoted inThe American Journal of International Law, "Annexation of Cyprus by Great Britain"[1]
^ab"Dominion". Encyclopædia Britannica. 7 December 2011.Archived from the original on 26 January 2021. Retrieved13 February 2021.Although there was no formal definition of dominion status, a pronouncement by the Imperial Conference of 1926 described Great Britain and the dominions as "autonomous communities within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations."
^Link to the Order in Council of 6 June 1859, which established the Colony of Queensland, on the Web site of the National Archives of Australia."Documenting Democracy". Archived fromthe original on 1 January 2009. Retrieved1 February 2009.
^The "Northern Territory of New South Wales" was physically separated from the main part of NSW. In 1863, the bulk of it was transferred to South Australia, except for a small area that became part of Queensland. See:Letters Patent annexing the Northern Territory to South Australia, 1863Archived 1 June 2011 at theWayback Machine. In 1911, the Commonwealth of Australia agreed to assume responsibility for administration of the Northern Territory, which was regarded by the government of South Australia as a financial burden.www.foundingdocs.gov.auArchived 31 August 2006 at theWayback Machine. The NT did not receive responsible government until 1978.
^F. R. Scott (January 1944). "The End of Dominion Status".The American Journal of International Law.38 (1). American Society of International Law:34–49.doi:10.2307/2192530.JSTOR2192530.S2CID147122057.
^Merriman, J.; Winter, J., eds. (2006). "British Empire".Europe since 1914: Encyclopedia of the Age of War and Reconstruction. Vol. 1. Detroit: Charles Scribner's Sons. p. 45.ISBN978-0-684-31366-5.OCLC68221208.
^abHodgetts, J. E. (2004)."Dominion". In Hallowell, G. (ed.).The Oxford Companion to Canadian History. Don Mills, Ontario: Oxford University Press. p. 183.ISBN978-0-19-541559-9.OCLC54971866. Archived fromthe original on 17 March 2015.Ironically, defenders of the titledominion who see signs of creeping republicanism in such changes can take comfort in the knowledge that the Constitution Act, 1982, retains the title and requires a constitutional amendment to alter it.
^ab"National Flag of Canada Day: How Did You Do?". Department of Canadian Heritage, Government of Canada. Archived fromthe original on 13 July 2007. Retrieved7 February 2008.The issue of our country's legal title was one of the few points on which our constitution is not entirely homemade. The Fathers of Confederation wanted to call the country "the Kingdom of Canada". However the British government was afraid of offending the Americans so it insisted on the Fathers finding another title. The term "Dominion" was drawn fromPsalm 72. In the realms of political terminology, the term dominion can be directly attributed to the Fathers of Confederation and it is one of the very few, distinctively Canadian contributions in this area. It remains our country's official title.
^Constitution Act 1890 (UK), which came into effect as the Constitution of Western Australia when proclaimed in WA on 21 October 1890, and establishing responsible government in WA from that date; Australian Government's "Documenting a Democracy" website:www.foundingdocs.gov.auArchived 22 July 2008 at theWayback Machine
^Smith, D. (2005).Head of State: the Governor-General, the Monarchy, the Republic and the Dismissal. Paddington, New South Wales: Macleay Press. p. 18.ISBN978-1-876492-15-1.OCLC64449961.
^"The Prince of Wales 2001 Royal Visit: April 25 - April 30; Test Your Royal Skills". Department of Canadian Heritage. 2001. Archived fromthe original on 11 July 2006. Retrieved7 February 2008.As dictated by the British North America Act, 1867, the title is Dominion of Canada. The term is a uniquely Canadian one, implying independence and not colonial status, and was developed as a tribute to the Monarchical principle at the time of Confederation.
^Forsey 2005, p. 8, "The two small points on which our constitution is not entirely homemade are, first, the legal title of our country, 'Dominion', and, second, the provisions for breaking a deadlock between the Senate and the House of Commons".
^Indian Independence Act 1947, "An Act to make provision for the setting up in India of two independent Dominions, to substitute other provisions for certain provisions of the Government of India Act 1935, which apply outside those Dominions, and to provide for other matters consequential on or connected with the setting up of those Dominions" passed by the UK parliament 18 July 1947."Indian Independence Act 1947".Archived from the original on 30 June 2012. Retrieved17 July 2012.
^On 7 December 1922 (the day after the establishment of the Irish Free State) theParliament resolved to make the following address to theKing so as toopt out of the Irish Free State: "MOST GRACIOUS SOVEREIGN, We, your Majesty's most dutiful and loyal subjects, the Senators and Commons of Northern Ireland in Parliament assembled, having learnt of the passing of the Irish Free State Constitution Act, 1922, being the Act of Parliament for the ratification of the Articles of Agreement for a Treaty between Great Britain and Ireland, do, by this humble Address, pray your Majesty that the powers of the Parliament and Government of the Irish Free State shall no longer extend to Northern Ireland". Source:Northern Ireland Parliamentary Report, 7 December 1922Archived 19 March 2009 at theWayback Machine andAnglo-Irish Treaty, sections 11, 12Archived 8 November 2017 at theWayback Machine.
^"Constitution Act 1986".New Zealand Legislation. Wellington: Parliamentary Counsel Office, Government of New Zealand.Archived from the original on 18 May 2023. Retrieved18 May 2023.
^Newfoundland Act, 1933, 24 & 25 Geo. V (UK), c. 2.
^abRowland, J. Reid (April 1978). "Constitutional History of Rhodesia: An outline".The Quiet Man: A Biography of the Hon. Ian Douglas Smith. By Berlyn, Phillippa. Salisbury: M. O. Collins. pp. 245–251.OCLC4282978.
^Wood, J. R. T. (2008).A matter of weeks rather than months: The Impasse between Harold Wilson and Ian Smith: Sanctions, Aborted Settlements and War 1965–1969. Victoria, British Columbia: Trafford Publishing. p. 5.ISBN978-1-42514-807-2.OCLC234239848.
^Gowlland-Debbas, V. (1990).Collective Responses to Illegal Acts in International Law: United Nations action in the question of Southern Rhodesia. Dordrecht: Martinus Nijhoff Publishers. p. 73.hdl:2027/mdp.39015034328206.ISBN978-0-7923-0811-9.OCLC21600467.
^Statute of Westminster Adoption Act 1942 (Act no. 56 of 1942). The long title for the Act was "To remove Doubts as to the Validity of certain Commonwealth Legislation, to obviate Delays occurring in its Passage, and to effect certain related purposes, by adopting certain Sections of the Statute of Westminster, 1931, as from the Commencement of the War between His Majesty the King and Germany." Link:www.foundingdocs.gov.auArchived 16 July 2005 at theWayback Machine.
^"For the first three years of its independence, Nigeria was a dominion. As a result, its head of state was Elizabeth II..."Hill, J.N.C. (2012).Nigeria Since Independence: Forever Fragile?. London: Palgrave Macmillan. p. 146, note 22.ISBN978-1-349-33471-1.
^Da Graça, John V. (2000).Heads of State and Government (2nd ed.). London and Oxford: Macmillan. p. 937.ISBN978-0-333-78615-4.
^Mr. K.N. Gichoya, bringing a motion on 11 June 1964 in the Kenyan House of Representatives that Kenya be made a Republic: "I should make it clear to those who must know our status today, we are actually a dominion of the United Kingdom in the same way as ... Canada, Australia and New Zealand."Kenya National Assembly Official Record (Hansard), 1st Parliament, 2nd Session, Vol. 3 (Part 1), Column 135.
^Da Graça, John V. (2000).Heads of State and Government (2nd ed.). London and Oxford: Macmillan. p. 917.ISBN978-0-333-78615-4.
^Engel, Ulf; et al., eds. (2000).Tanzania Revisited: Political Stability, Aid Dependency, and Development Constraints. Hamburg: Institute of African Affairs. p. 115.ISBN3-928049-69-0.
^Da Graça, John V. (2000).Heads of State and Government (2nd ed.). London and Oxford: Macmillan. p. 355.ISBN978-0-333-78615-4.
^"In 1971 Siaka Stevens embarked on the process to transform Sierra Leone from a Dominion to a Republic."Berewa, Solomon E. (2011).A New Perspective on Governance, Leadership, Conflict and Nation Building in Sierra Leone. Bloomington, Indiana: AuthorHouse. p. 66.ISBN978-1-4678-8886-8.
^"Prime Minister Jugnauth proposed to amend the constitution to change Mauritius from a dominion to a republic. It was passed unanimously and on 12 March 1992, Mauritius acceded to a republic state."NgCheong-Lum, Roseline (2009).CultureShock! Mauritius: A Survival Guide to Customs and Etiquette. Tarrytown, New York: Marshall Cavendish. p. 37.ISBN978-07614-5668-1.
^Da Graça, John V. (2000).Heads of State and Government (2nd ed.). London and Oxford: Macmillan. p. 565.ISBN978-0-333-78615-4.
^Manorama Year Book. Vol. 10. India. 1975. p. 181.{{cite book}}: CS1 maint: location missing publisher (link)
24Claimed in 1908; territory formed 1962; overlaps portions of Argentine and Chilean claims, borders not enforced but claim not renounced under theAntarctic Treaty.
