This Day in the Law
Share
December 11

British Parliament Passes Statute of Westminster Creating British Commonwealth (1931)


On December 11, 1931, the British Parliament passed the Statute of Westminster to establish the British Commonwealth of Nations. The Statute provided legislative equality to Britain’s former dominions of Australia, Canada, Ireland, Newfoundland, New Zealand, and South Africa.

The British Empire was made up of colonies, territories, dominions, and other land masses from the late 16th to early 20th centuries. The British Empire was also the largest and one of the most powerful empires in the history of the world for over one century. However, by the late 19th to early 20th century many of Britain’s colonies, territories, and other land holdings had broke away from Britain’s former rule – and the British knew it. In 1884, Lord Rosebery of Britain first described the changing condition of Britain and its colonies as a “Commonwealth of Nations.”

In 1926, Britain officially declared in the Belfour Declaration that its dominions were equal in status and not subordinate to the British, but united through a common allegiance to the British Crown as the Head of State.

On this day, December 11, 1931, Britain essentially put the Balfour Declaration into statute by passing the Statute of Westminster. The Statute officially created legislative equality with Britain’s former dominions of Australia, Canada, Ireland, Newfoundland, New Zealand, and South Africa. Britain and its former dominions were now called the “British Commonwealth of Nations.” However, India was excluded based on military and economic reasons until it gained its independence in 1947.

The main provisions of the Statute of Westminster held that (i) British law did not apply in the dominions, (ii) British Parliament could not change laws within the dominions, and (iii) the dominions had complete freedom in foreign affairs. For example, Canada did not automatically go to war with Britain against Germany in World War II. (Rather, it declared war against Germany six days after Britain as an independent nation through its own vote.)

In 1949, Britain deleted the word "British" from the title of the Commonwealth. As such, the nations are collectively now known as the “Commonwealth of Nations” or just “Commonwealth.”

Today, the current Commonwealth is made up of Britain and most of its old empire, including over fifty countries throughout the world with a population over 1.5 billion. The Statute of Westminster still acts as the basis for the continuing relationship between the nations within the Commonwealth. The Commonwealth nations hold an allegiance to the British Crown as the Head of State, and generally work together in to grow their economies through trade, investment, and the development new member nations of the Commonwealth.