Did any UK declaration of war extend automatically to Australia?
Upvote:4
Yes - because a declaration of war is an act of parliament.
As noted in the Statute of Westminster (1931):
...
And whereas it is in accord with the established constitutional position that no law hereafter made by the Parliament of the United Kingdom shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion:
And whereas it is necessary for the ratifying, confirming and establishing of certain of the said declarations and resolutions of the said Conferences that a law be made and enacted in due form by authority of the Parliament of the United Kingdom:
...
3. It is hereby declared and enacted that the Parliament of a Dominion has full power to make laws having extra-territorial operation.
4. No Act of Parliament of the United Kingdom passed after the commencement of this Act shall extend, or be deemed to extend, to a Dominion as part of the law of that Dominion, unless it is expressly declared in that Act that that Dominion has requested, and consented to, the enactment thereof.
...
10.
(1) None of the following sections of this Act, ... shall extend to a Dominion to which this section applies as part of the law of that Dominion unless that section is adopted by the Parliament of the Dominion, and any Act of that Parliament adopting any section of this Act may provide that the adoption shall have effect either from the commencement of this Act or from such later date as is specified in the adopting Act.
Section 3 above, granting authority to enact "laws having extra-territorial operation", is the explicit authority to have a foreign policy distinct from that of the United Kingdom - including enacting declarations of war.
So in short, as a consequence of the Statute of Westminster - subsequent to the adoption by each Commonwealth nation as noted in section 10.1, which only occurred for Australia in 1942 - no act of the Parliament of the United Kingdom (which per force include any and all declarations of war) "shall extend to any of the said Dominions as part of the law of that Dominion otherwise than at the request and with the consent of that Dominion".
Hence, as noted in the Australian Statue of Westminster Adoption Act (1942), the Australian Parliament expressly stated its acceptance (already de facto) and consent to the United Kingdom Declaration of War on Nazi Germany in September 1939.
This answer to the question "When did Australia declare war on Germany in WWII" provides additional background.
More post
- π US "destroyed" Libya: how viable is this as a reading of the history?
- π Why was this ancient Chinese rocket so decorated?
- π Could Magna Graeca have expanded beyond the Mediterranean sea region?
- π Do we know the names of the German soldiers entombed at Babie DoΕy?
- π How many hours did Andrew Carnegie's steel workers work per week?
- π Why were blackletter typefaces abolished in Germany?
- π How many words were written before Gutenberg
- π Why is AD in Latin and BC is in English?
- π Who said, "Freedom to do what?"
- π When was the restaurant "invented" in Europe?
- π What factors led to the rise of political parties in the United States?
- π Is there any evidence to corroborate the claim that Rudolf HΓΆss was physically abused by the Allies after his capture?
- π When did streets get names?
- π What was the troop ratio between the Reds and the Whites in the Russian Revolution?
- π Was slavery in the United States legally limited to blacks?
- π Why did the ErdoΔan government like to worsen Turkey's relationship with Israel?
- π Were Communists drafted for the Vietnam war?
- π Why did overestimated coins led to inflation and well-estimated coins to deflation?
- π What Roman legions in Hispania revolted against Caesar before the battle at Munda?
- π What acts of violence happened during the Nazi German annexation of Austria in 1938?
- π How would Zenobia's associates and servants address her?
- π Which historic figure does William Bolitho refer to with "The greatest adventurer that ever lived ended as a nervous, banal millionaire"?
- π How many ministerial deferments were there during WWII for the United States?
- π To what extent has ideographic script contributed to the unification of ChinaοΌ
- π What prevented the Finns from building a "counter ice road" to disrupt the "Road of Life?"
- π Did a mob of men dressed in skirts threaten the life of Anne Boleyn?
- π Why were/are mines ever considered sensible as a weapon?
- π Did Crusaders' siege Nablus and then massacre Muslims?
- π How was the manorial system a consequence of the collapse of the Western Roman Empire?
- π How did Leonardo plan on moving his tank?
Source: stackoverflow.com
Search Posts
Related post
- π Did any UK declaration of war extend automatically to Australia?
- π When did the practice of formal declaration of war start?
- π Did any country threaten war on the US because they didn't pay their debt after the Revolutionary War?
- π When did Australia declare war on Germany in WWII
- π Did France actually intend to colonise West Australia and were any resources assigned to this objective prior to 1829?
- π Did any of the US States ever attempt to secede, aside from American Civil War times?
- π Did the citizens of US really back the declaration of war on Japanese Empire as it was implied by F.D. Roosevelt in his Pearl Harbor Speech?
- π Did World War II-era bombs actually whistle?
- π Why did Britain and France not declare war against the Soviet Union when it invaded Poland in WW2?
- π When did humans develop the ability to sail any direction regardless of wind direction?
- π Why did Hitler declare war on the USA?
- π How did such a relatively minor event as the assassination of an archduke start World War I?
- π Why did Civil War officers tell their men to "aim low"?
- π Did the Soviets excel in one area of weaponry during World War II?
- π When did FDR announce he was running a 3rd time, and was there any outrage?
- π How did the Nazis plan to defeat America during World War II?
- π Did the King of Siam offer war elephants to the Union during the Civil War?
- π What did Germany do in World War II about the different rail gauge in the Soviet Union?
- π Why did the German army execute so few soldiers in World War I compared to most other armies?
- π Why did Chamberlain act to appease Hitler leading up to the outbreak of World War 2?
- π Did the Romans leave any technical instruction manuals behind?
- π How did the American Civil War help the U.S economy recover from the Panic of 1857 given that civil wars are extremely destructive?
- π Did the Pope's crossbow and archery bans have any effect?
- π Why did the Royal Society in 1771 believe that a continent further south than Australia should exist?
- π When did Britain learn about the American Declaration of Independence?
- π Did any British working class men have the vote before 1918?
- π Which war games did Napoleon practice with his generals?
- π Why didn't China assist in the Vietnam War like they did in Korea?
- π Is it true that Germans in World War 2 did not suffer punishment for refusing genocidal orders?
- π Did the Soviet Union or its satellite states have any broadcast propaganda media for an international audience?