Coffey, Donal (2009) British, Commonwealth, and Irish responses to the abdication of King Edward VIII. Irish Jurist, 44. pp. 95-122. ISSN 0021-1273
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Abstract
In late 1936, the Commonwealth was rocked by the abdication crisis. There
were three legal elements to this crisis. First, the British Parliament responded
with a statute in order to amend the line of the succession to the throne.
Secondly, the crisis provided an insight into the evolving nature of the British
Commonwealth of Nations. The members of the Commonwealth were
consulted before the passage of the British Act. The British legislation was
subsequently adopted by different means according to the constitutional
conventions of the respective countries. Thirdly, only one member of the
British Commonwealth failed to assent to the British legislation. This was the
Irish Free State. The abdication crisis was perceived in the Free State as an
opportunity to remove the Representative of the Crown from the internal affairs
of the State. Despite this, the British Government were prepared to accede to
the Irish response to the abdication crisis.
This article will analyse the legal situation in relation to the abdication. It
consists of three sections. Section one considers the internal British legislative
framework and, in particular, the primary British Act engaged by the abdication
crisis, the Act of Settlement 1701 (the "1701 Act").1 Section two examines the
necessity for Dominion acquiescence to British proposals in the abdication
crisis. This was as a result of the Statute of Westminster 1931. Section three
examines the response of the Irish Free State to the crisis.
Item Type: | Article |
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Keywords: | British; Commonwealth; Irish responses; abdication; King Edward VIII; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 19671 |
Depositing User: | Donal Coffey |
Date Deposited: | 09 Apr 2025 15:19 |
Journal or Publication Title: | Irish Jurist |
Publisher: | JSTOR |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/19671 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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