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His Majesty King Edward The Eighth's Abdication Act 1937
His Majesty King Edward the Eighth's Abdication Act, 1937 (Act No. 2 of 1937) was an act of the Parliament of South Africa that ratified the abdication of King Edward VIII and the succession to the throne of King George VI. Although the South African cabinet had assented to the passage of His Majesty's Declaration of Abdication Act 1936 by the Parliament of the United Kingdom at the time of the abdication in December 1936, the South African act was passed in February 1937 to resolve legal uncertainties. The Statute of Westminster 1931 gave the dominions, including the Union of South Africa, full legislative independence from the United Kingdom, and provided that no act of the British Parliament would apply in a dominion unless the dominion requested and consented that it do so. The preamble of the statute also stated that any changes to the succession to the throne would require the assent of the parliaments of all of the dominions. After Edward signed the Instrument of Abdicatio ...
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Union Of South Africa
The Union of South Africa ( nl, Unie van Zuid-Afrika; af, Unie van Suid-Afrika; ) was the historical predecessor to the present-day Republic of South Africa. It came into existence on 31 May 1910 with the unification of the Cape, Natal, Transvaal, and Orange River colonies. It included the territories that were formerly a part of the South African Republic and the Orange Free State. Following World War I, the Union of South Africa was a signatory of the Treaty of Versailles and became one of the founding members of the League of Nations. It was conferred the administration of South West Africa (now known as Namibia) as a League of Nations mandate. It became treated in most respects as another province of the Union, but it never was formally annexed. Like Canada, Australia and New Zealand, the Union of South Africa was a self-governing dominion of the British Empire. Its full sovereignty was confirmed with the Balfour Declaration of 1926 and the Statute of Westminst ...
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Preamble
A preamble is an introductory and expressionary statement in a document that explains the document's purpose and underlying philosophy. When applied to the opening paragraphs of a statute, it may recite historical facts pertinent to the subject of the statute. It is distinct from the long title or enacting formula of a law. In parliamentary procedure using Robert's Rules of Order, a preamble consists of "Whereas" clauses that are placed before the resolving clauses in a resolution (formal written motion). However, preambles are not required to be placed in resolutions. According to Robert's Rules of Order, including such background information may not be helpful in passing the resolution. Legal effect While preambles may be regarded as unimportant introductory matter, their words may have effects that may not have been foreseen by their drafters. France In France, the preamble to the constitution of the Fifth Republic of 1958 was considered ancillary and therefore no ...
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1937 In South African Law
Events January * January 1 – Anastasio Somoza García becomes President of Nicaragua. * January 5 – Water levels begin to rise in the Ohio River in the United States, leading to the Ohio River flood of 1937, which continues into February, leaving 1 million people homeless and 385 people dead. * January 15 – Spanish Civil War: Second Battle of the Corunna Road ends inconclusively. * January 20 – Second inauguration of Franklin D. Roosevelt: Franklin D. Roosevelt is sworn in for a second term as President of the United States. This is the first time that the United States presidential inauguration occurs on this date; the change is due to the ratification in 1933 of the Twentieth Amendment to the United States Constitution. * January 23 – Moscow Trials: Trial of the Anti-Soviet Trotskyist Center – In the Soviet Union 17 leading Communists go on trial, accused of participating in a plot led by Leon Trotsky to overthrow Joseph Stalin's regime, and ...
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Repealed South African Legislation
A repeal (O.F. ''rapel'', modern ''rappel'', from ''rapeler'', ''rappeler'', revoke, ''re'' and ''appeler'', appeal) is the removal or reversal of a law. There are two basic types of repeal; a repeal with a re-enactment is used to replace the law with an updated, amended, or otherwise related law, or a repeal without replacement so as to abolish its provisions altogether. Removal of secondary legislation is normally referred to as revocation rather than repeal in the United Kingdom and Ireland. Under the common law of England and Wales, the effect of repealing a statute was "to obliterate it completely from the records of Parliament as though it had never been passed." This, however, is now subject to savings provisions within the Interpretation Act 1978. In parliamentary procedure, the motion to rescind, repeal, or annul is used to cancel or countermand an action or order previously adopted by the assembly. Partial or full repeals A partial repeal occurs when a specified par ...
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Abdication Of Edward VIII
In early December 1936, a constitutional crisis in the British Empire arose when King-Emperor Edward VIII proposed to marry Wallis Simpson, an American socialite who was divorced from her first husband and was pursuing the divorce of her second. The marriage was opposed by the governments of the United Kingdom and the Dominions of the British Commonwealth. Religious, legal, political, and moral objections were raised. As the British monarch, Edward was the nominal head of the Church of England, which at this time did not allow divorced people to remarry in church if their ex-spouses were still alive. For this reason, it was widely believed that Edward could not marry Simpson and remain on the throne. As a twice-divorced woman, Simpson was perceived to be politically, morally and socially unsuitable as a prospective queen consort. It was widely assumed by the Establishment that she was driven by love of money or position rather than love for the King. Despite the opposit ...
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Republic
A republic () is a "sovereign state, state in which Power (social and political), power rests with the people or their Representative democracy, representatives; specifically a state without a monarchy" and also a "government, or system of government, of such a state." Previously, especially in the 17th and 18th centuries, the term was used to imply a state with a Democracy, democratic or Representative democracy, representative constitution (constitutional republic), but more recently it has also been used of autocratic or dictatorial states not ruled by a monarch. It is now chiefly used to denote any non-monarchical state headed by an elected or appointed president. , List of countries by system of government, 159 of the world's List of sovereign states, 206 sovereign states use the word "republic" as part of their official names. Not all of these are republics in the sense of having elected governments, nor is the word "republic" used in the names of all states with elected ...
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South African Constitution Of 1961
The Constitution of 1961 (formally the Republic of South Africa Constitution Act, 1961) was the fundamental law of South Africa for two decades. Under the terms of the constitution South Africa left the Commonwealth and became a republic. Legally, the Union of South Africa, which had existed since 1910, came to an end and was re-established as the "Republic of South Africa". Background Republicanism was always a major tenet of Afrikaner nationalism. Even when nationalists controlled the government, however, political realities prevented this goal from being attained prior to the 1960s. On 3 August 1960, the National Party government announced a referendum would be held in October of that year so that voters might weigh in on the question of whether the Union of South Africa should become a republic. The vote was restricted to white South Africans. More than 90% of eligible voters participated in the referendum, and 52.3% of votes were in favour of "a Republic for the Uni ...
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Royal Marriages Act
The Royal Marriages Act 1772 (12 Geo 3 c. 11) was an Act of the Parliament of Great Britain which prescribed the conditions under which members of the British royal family could contract a valid marriage, in order to guard against marriages that could diminish the status of the royal house. The right of veto vested in the sovereign by this Act provoked severe adverse criticism at the time of its passage. It was repealed as a result of the 2011 Perth Agreement, which came into force on 26 March 2015. Under the Succession to the Crown Act 2013, the first six people in the line of succession need permission to marry if they and their descendants are to remain in the line of succession. Provisions The Act said that no descendant of King George II, male or female, other than the issue of princesses who had married or might thereafter marry "into foreign families", could marry without the consent of the reigning monarch, "signified under the great seal and declared in council". Th ...
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Status Of The Union Act, 1934
The Status of the Union Act, 1934 (Act No. 69 of 1934) was an act of the Parliament of South Africa that was the South African counterpart to the Statute of Westminster 1931. It declared the Union of South Africa to be a "sovereign independent state" and explicitly adopted the Statute of Westminster into South African law. It also removed any remaining power of the British Parliament to legislate for South Africa, and ended the King's direct involvement in the granting of Royal Assent. The Statute of Westminster applied to South Africa without needing ratification from its Parliament (unlike the case in Australia and New Zealand), so the Status Act was not legally necessary to establish South Africa's full sovereignty. It was, however, seen as a symbolic action by the Pact government of Prime Minister JBM Hertzog, coming as it did shortly before the merger of his National Party with Jan Smuts's South African Party to form the United Party. The Status of the Union Act was rep ...
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Dominion
The term ''Dominion'' is used to refer to one of several self-governing nations of the British Empire. "Dominion status" was first accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference through the Balfour Declaration of 1926, recognising Great Britain and the Dominions as "autonomous within the British Empire, equal in status, in no way subordinate one to another in any aspect of their domestic or external affairs, though united by a common allegiance to the Crown and freely associated as members of the British Commonwealth of Nations". Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time. With the dissolution of the British Empire after World War II and the formation of the Commonwealth of Nations, it was decided that the term ''Commonwealth country'' ...
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Succession To The British Throne
Succession to the British throne is determined by descent, gender, legitimacy and religion. Under common law, the Crown is inherited by a sovereign's children or by a childless sovereign's nearest collateral line. The Bill of Rights 1689 and the Act of Settlement 1701 restrict succession to the throne to the legitimate Protestant descendants of Sophia of Hanover who are in " communion with the Church of England". Spouses of Catholics were disqualified from 1689 until the law was amended in 2015. Protestant descendants of those excluded for being Roman Catholics are eligible.Bogdanor (1995), p. 55. King Charles III is the sovereign; his heir apparent is his elder son, William, Prince of Wales. William's eldest child, Prince George, is second in line, followed by George's younger sister, Princess Charlotte, before her younger brother, Prince Louis. Fifth in line is Prince Harry, Duke of Sussex, the younger son of the King; sixth is Harry's elder child, Archie Mountbatt ...
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United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotland, Wales and Northern Ireland. The United Kingdom includes the island of Great Britain, the north-eastern part of the island of Ireland, and many List of islands of the United Kingdom, smaller islands within the British Isles. Northern Ireland shares Republic of Ireland–United Kingdom border, a land border with the Republic of Ireland; otherwise, the United Kingdom is surrounded by the Atlantic Ocean, the North Sea, the English Channel, the Celtic Sea and the Irish Sea. The total area of the United Kingdom is , with an estimated 2020 population of more than 67 million people. The United Kingdom has evolved from a series of annexations, unions and separations of constituent countries over several hundred years. The Treaty of Union between ...
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