LEGAL POSITION IS COMPLICATED

Taranaki Central Press, Volume IV, Issue 304, 8 December 1936, Page 5

LEGAL POSITION IS COMPLICATED

PROBLEM OF CHANGING SUCCESSION TO THRONE BRITAIN CANNOT ACT WITHOUT DOMINIONS. AUSTRALIA COULD DECLARE DUKE OF YORK KING. z (Press Association—Copyright.) Received 11 a.m. To-day. * ’' 2 LONDON, December 7. The Times, in an editorial, says: “It is laid down in the preamble to the Statute of Westminster that a change in the law of succession requires the assent of all the Parliaments of the Empire. The law is not that the Act amending the succession is binding only within the jurisdiction of the particular parliament passing it. but that until all the Parliaments pass the Succession Act it is not binding anywhere.” The diplomatic correspondent of the Morning Post, on the contrary, points out that only South Africa has adopted the Statute. The legal position, therefore, though not necessarily the position in practice, seems to be that while the United Kingdom is constrained from altering the succession to the Throne without the unanimous consent of all the Dominions, none of the Dominions except South Africa is so constrained individually. Ihe Morning Post says it appears to follow that while Australia, for example, can prevent a change of succession, Australia herself is not bound to obtain the assent of the United Kingdom to any such alteration in so far as it concerns Australia. I Passing a morganatic marriage law in the United Kingdom is only possible if the Dominnons agreed, but Australia, it seems, could adopt a law to-morrow making the Duke of York King, provided he would accept the title. It is a nice point whether the preamble’s declaration is binding in law, but it may be taken in practice that all the Dominions, with the possible exception of the Irish Free State, would soregard