Colonies

From the 16th century onwards, Britain’s interests expanded considerably abroad. Territory acquired through conquest became an asset of the Crown, with legal authority vested in the Privy Council in the name of the Crown.

Over the last 150 years, many British colonies have gained independence. The Colonial Laws Validity Act of 1865 confirmed that colonial legislatures had self-governing powers, subject to the overriding powers of the Westminster Parliament.

In 1867, the British North America Act created the Dominion of Canada. Subsequently, dominions were created in Australia in 1900, New Zealand in 1907, South Africa in 1910, and the Irish Free State in 1921.

Conferences of prime ministers of dominions began in 1887. The Imperial Conference of 1926 adapted the Balfour Report and recognized dominions as autonomous communities within the British Empire, equal in status and in no way subordinate to one another. They were united by their common allegiance to the Crown and were clearly associated as members of the British Commonwealth of Nations.

The recognition of the powers of many dominions to amend or repeal acts of the UK Parliament led to the acknowledgment that this did not apply to the act itself, which effectively comprises its constitution.

After the Second World War, many former colonies and dependent territories achieved independence, transforming the British Empire into a Commonwealth of Nations with looser ties.

The status of the Commonwealth has evolved over time. India, under the India Act of 1935, became independent in 1947 and was accepted as a member of the Commonwealth, notwithstanding its status as a republic under the London Declaration in 1949.

The Commonwealth is not formally bound by treaties or former relationships but is based on bonds of common origin, history, and legal traditions. It comprises 54 countries, including monarchies and republics. Thirty-two members are republics, five have their own monarchies, and sixteen are constitutional monarchies with Queen Elizabeth as the head of state.

The judicial committee of the Privy Council hears appeals from Crown dependencies, dealing with matters related to the royal prerogative. However, most Commonwealth countries have abolished the right of appeal to the Privy Council.