Succession to the Throne Act
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The Succession to the Throne Act (1 Geo. VI, c.16) was the Act of the Canadian Parliament that allowed King Edward VIII to abdicate the Canadian throne, and passed succession to Prince Albert, Duke of York. Edward VIII abdicated in order to marry his lover, Wallis Simpson, after facing opposition from the government of the United Kingdom and the Dominions, including Canada (See Abdication Crisis of Edward VIII). Although Edward VIII had signed a declaration of abdication the previous day, he was still King until Royal Assent was granted to this Act.
The Act was passed through the Houses of Parliament in one day, with no amendments. As the Statute of Westminster stipulated that the line of succession must remain the same throughout the Crown's realms, the governments of each country under the Crown passed an act allowing for the line of succession in each country to remain parallel. The British Parliament passed His Majesty's Declaration of Abdication Act; Australia, the Union of South Africa, and New Zealand each gave their permission for the British Act to apply in their respective realms. The Succession to the Throne Act effected changes to the rules of succession in Canada to assure consistency with the changes in the rules then in place in the other Realms. The Irish Free State passed the External Relations Act, recognising the Duke of York as King, however one day later than the other Dominions, meaning Edward was King of Ireland one day longer than elsewhere.
The Act was necessary for two main reasons.
- First, there is no provision in Canadian law for the sovereign to abdicate. The Act of Settlement ensured that the senior descendant of the Electress Sophia of Hanover was sovereign of England, and after 1931, sovereign of Canada as well. Thus the senior descendant of Sophia is automatically sovereign, whether they wish to be or not. If the sovereign abdicates, an Act of Parliament is required to give it legal effect.
- Second, the Act ensured that the throne passed over to Prince Albert, Duke of York, but that it did not exclude other descendants of the Electress Sophia from the line of succession. Any future descendants of Edward VIII would, however, not have a claim to the throne.
As soon as Governor General Lord Tweedsmuir gave Royal Assent to this Act, Edward VIII was no longer King of Canada. The throne immediately passed to Prince Albert, Duke of York, who was proclaimed George VI the next day at St. James's Palace, London.
[edit] See also
[edit] External links
- Text of the British Act that includes a photograph of the Instrument of Abdication
