The ruler of a region has dominion over it, and the area itself may be called the ruler's dominion. In the days of the British Empire, Great Britain had dominion over many countries throughout the world. Though Canada has been quite independent of Great Britain since the 19th century, its formal title remains Dominion of Canada. The word has an old-fashioned sound today, and probably shows up in history books, historical novels, and fantasy video games more often than in discussions of modern nations.
A dominion was any of several largely self-governing countries of the British Empire. Progressing from colonies, their degrees of colonial self-governance increased unevenly over the late 19th century through the 1930s, and some vestiges of empire lasted in some areas into the late 20th century. With the evolution of the British Empire into the Commonwealth of Nations, finalised in 1949, the dominions became independent states, either as Commonwealth republics or Commonwealth realms.
In 1925, the British government created the Dominion Office from the Colonial Office, although for the next five years they shared the same secretary in charge of both offices. "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 communities 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".[1] Their full legislative independence was subsequently confirmed in the 1931 Statute of Westminster. In the 1920s and 1930s, they began to represent themselves in international bodies, in treaty making, and in foreign capitals. Later India, Pakistan, and Ceylon (now Sri Lanka) also became dominions, for short periods of time.
With the transition of the British Empire into the Commonwealth of Nations after World War II, it was decided that the term Commonwealth country should formally replace dominion for official Commonwealth usage.[2] This decision was made during the 1949 Commonwealth Prime Ministers' Conference when India was intending to become a republic, so that both types of governments could become and remain full members of the Commonwealth, and this term hence refers to the autonomous dominions and republics.
After this, the term dominion without its legal dimension stayed in use for thirty more years for Commonwealth countries which had the crown as head of state, before gradually, particularly after 1953, being replaced by the term realm, as equal realms of the crown of the Commonwealth.
Use of dominion to refer to a particular territory within the British Empire dates back to the 16th century and was sometimes used to describe Wales from 1535 to around 1800: for instance, the Laws in Wales Act 1535 applies to "the Dominion, Principality and Country of Wales".[4] Dominion, as an official title, was conferred on the Colony of Virginia about 1660 and on the Dominion of New England in 1686.
Dominion status was formally accorded to Canada, Australia, New Zealand, Newfoundland, South Africa, and the Irish Free State at the 1926 Imperial Conference to designate "autonomous communities 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".[9]
The British government of Lloyd George had emphasised the use of the capital "D" when referring to the Irish Free State in the Anglo-Irish Treaty to assure it the same constitutional status in order to avoid confusion with the wider term "His Majesty's dominions", which referred to the British Empire as a whole.[10] At the time of the founding of the League of Nations in 1924, the League Covenant made provision for the admission of any "fully self-governing state, Dominion, or Colony",[11] the implication being that "Dominion status was something between that of a colony and a state".[12]
With the adoption of the Statute of Westminster 1931, Britain and the Dominions (except Newfoundland) formed the British Commonwealth of Nations.[13] Dominions asserted full legislative independence, with direct access to the Monarch as Head of State previously reserved only for British governments. It also recognised autonomy in foreign affairs, including participation as autonomous countries in the League of Nations with full power over appointing ambassadors to other countries.[9]
Following the Second World War, the changes in the constitutional relationship between the countries that continued to share a common sovereign with the United Kingdom led to the upper case term Dominion falling out of use.[14] The Dominions Office was formally changed to the Commonwealth Relations Office in 1947.
Under British nationality law, the status of "Dominion" ceased to exist on January 1, 1949, when it was decided that each Dominion would enact laws pertaining to its own citizenship.[16] However, "Dominion status" itself never ceased to exist within the greater scope of British law, because acts pertaining to "Dominion status", such as the Statute of Westminster 1931, have not been repealed in both the United Kingdom and historic Dominions such as Canada. The term "within the crown's dominions" continues to apply in British law to those territories in which the British monarch remains head of state, and the term "self-governing dominion" is used in some legislation.[15][page needed] When a territory ceases to recognise the monarch as head of state, this status is changed by statute. Thus, for example, the British Ireland Act 1949, recognised that the Republic of Ireland had "ceased to be part of His Majesty's dominions".
The foundation of "Dominion" status followed the achievement of internal self-rule in British Colonies, in the specific form of full responsible government (as distinct from "representative government"). Colonial responsible government began to emerge during the mid-19th century. The legislatures of Colonies with responsible government were able to make laws in all matters other than foreign affairs, defence and international trade, these being powers which remained with the Parliament of the United Kingdom.
Nova Scotia soon followed by the Province of Canada (which included modern southern Ontario and southern Quebec) were the first colonies to achieve responsible government, in 1848. Prince Edward Island followed in 1851, and New Brunswick and Newfoundland in 1855. All except for Newfoundland and Prince Edward Island agreed to form a new federation named Canada from 1867. This was instituted by the British Parliament in the British North America Act, 1867. (See also: Canadian Confederation). Section 3 of the Act referred to the new entity as a "Dominion", the first such entity to be created. From 1870 the Dominion included two vast neighbouring British territories that did not have any form of self-government: Rupert's Land and the North-Western Territory, parts of which later became the provinces of Manitoba, Saskatchewan, Alberta, and the separate territories, the Northwest Territories, Yukon and Nunavut. In 1871, the Crown Colony of British Columbia became a Canadian province, Prince Edward Island joined in 1873. Newfoundland, having become a Dominion itself in 1907, was restored to direct British rule in 1934, finally joining Canada in 1949 after referendums.
The Commonwealth of Australia was recognised as a Dominion in 1901, and the Dominion of New Zealand and the Dominion of Newfoundland were officially given Dominion status in 1907, followed by the Union of South Africa in 1910.
In connection with proposals for the future government of British North America, use of the term "Dominion" was suggested by Samuel Leonard Tilley at the London Conference of 1866 discussing the confederation of the Province of Canada (subsequently becoming the provinces of Ontario and Quebec), Nova Scotia and New Brunswick into "One Dominion under the Name of Canada", the first federation internal to the British Empire.[25] Tilley's suggestion was taken from the 72nd Psalm, verse eight, "He shall have dominion also from sea to sea, and from the river unto the ends of the earth", which is echoed in the national motto, "A Mari Usque Ad Mare".[26] The new government of Canada under the British North America Act, 1867 began to use the phrase "Dominion of Canada" to designate the new, larger country. However, neither the Confederation nor the adoption of the title of "Dominion" granted extra autonomy or new powers to this new federal level of government.[27][28] Senator Eugene Forsey wrote that the powers acquired since the 1840s that established the system of responsible government in Canada would simply be transferred to the new Dominion government:
By the time of Confederation in 1867, this system had been operating in most of what is now central and eastern Canada for almost 20 years. The Fathers of Confederation simply continued the system they knew, the system that was already working, and working well.[28]
When the Dominion of Canada was created in 1867, it was granted powers of self-government to deal with all internal matters, but Britain still retained overall legislative supremacy. This Imperial supremacy could be exercised through several statutory measures. In the first place, the British North America Act of 1867 provided in Section 55 that the Governor General may reserve any legislation passed by the two Houses of Parliament for "the signification of Her Majesty's pleasure", which is determined according to Section 57 by the British Monarch in Council. Secondly, Section 56 provides that the Governor General must forward to "one of Her Majesty's Principal Secretaries of State" in London a copy of any Federal legislation that has been assented to. Then, within two years after the receipt of this copy, the (British) Monarch in Council could disallow an Act. Thirdly, at least four pieces of Imperial legislation constrained the Canadian legislatures. The Colonial Laws Validity Act of 1865 provided that no colonial law could validly conflict with, amend, or repeal Imperial legislation that either explicitly, or by necessary implication, applied directly to that colony. The Merchant Shipping Act of 1894, as well as the Colonial Courts of Admiralty Act of 1890 required reservation of Dominion legislation on those topics for approval by the British Government. Also, the Colonial Stock Act of 1900 provided for the disallowance of any Dominion legislation the British government felt would harm British stockholders of Dominion trustee securities. Most importantly, however, the British Parliament could exercise the legal right of supremacy that it possessed over common law to pass any legislation on any matter affecting the colonies.[27]
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