The High court ruling of Sue v Hill provides the Queen of the United Kingdom is a foreign power for the purposes of s44 of the Constitution. If this is true how can Ministers swear oaths of allegiance to a foreign Queen acting under an alternate title dormant of constitutional validity?
From Page 6 below.
Probably the most significant suggestion of a personal union of Crowns prior to 1926 appeared in a memorandum prepared by Prime Minister Smuts of South Africa for the 1921 Imperial Conference. Having commented that Dominion equality with the United Kingdom 'requires that the king should have exactly the same relation to a Dominion that he has to the United King- dom', he remarked that that was not presently the case in practice.32 However, it would be, he suggested,
if the king were also the sovereign of a Dominion in his personal capacity. But this is not so. The king in his relation to a Dominion is not the king in his personal capacity, but the king in his official capacity as the constitutional sovereign of the United Kingdom.33
The 1926 conference did not bring independence to the dominions on the world stage, they became autonomous Communities within the British Empire, equal in status, in no way subordinate to one another, this occurred within the British Empire ONLY. They became politically independent from England, but not from the Crown.
From Page 7 below.
The Imperial Conference of 1926 marked a watershed in the development of separate Dominion Crowns. As is well known, the conference declared (in italics!) that Britain and the Dominions were:
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 Nation.
One must look to a Nations Date on Independence for confirmation of the Sovereign Independence of a Country, if Australia had a failed referendum for Independence in 1999 how is it that the Australia Act in 1986 proclaimed Sovereign Independence?
The 1926 conference was not ratified into law until the enactment of the Statute of Westminster where Australia, for the purposes of the Act was a dominion. One need to ask when Australia was proclaimed in history by the King to be a Dominion?
All other dominions were in Proclaimed in 1907 with their very own Dominion Day to celebrate the occasion of a Dominion Royal Proclamation, New Zealand on 26th September as well as Newfoundland and Canada earlier on July 1st 1867.
Canada repealed its clause 2 to allow for Dominion status to be adopted.
The Constitution Act, 1867
(THE BRITISH NORTH AMERICA ACT, 1867)
30 & 31 Victoria, c. 3.
[Consolidated with amendments]
An Act for the Union of Canada, Nova Scotia, and New Brunswick, and the Government thereof; and for Purposes connected therewith.
(29th March, 1867.)
Declaration of Union3. It shall be lawful for the Queen, by and with the Advice of Her Majesty's Most Honourable Privy Council, to declare by Proclamation that, on and after the passing of this Act, the Provinces of Canada, Nova Scotia, and New Brunswick shall form and be One Dominionunder the Name of Canada; and on and after that Day those Three Provinces shall form and be One Dominion under that Name accordingly.(4)
Construction of subsequent Provisions of Act4. Unless it is otherwise expressed or implied, the Name Canada shall be taken to mean Canada as constituted under this Act.(5)
(3) Section 2, repealed by the Statute Law Revision Act, 1893, 56-57 Vict., c. 14 (U.K.), read as follows:
2. The Provisions of this Act referring to Her Majesty the Queen extend also to the Heirs and Successors of Her Majesty, Kings and Queens of the United Kingdom of Great Britain and Ireland.
So why could'nt the Commonwealth create a new Queen? Because Clause 2 of the Commonwealth Constitution does not allow for an indivisible Queen of the Realm, there additionally fails to be a head of power within the Constitution to do so.
Clause 2 has never been repealed and therefore the provisions of the Constitution only apply to the Queen in the Sovereignty of the United Kingdom.
A royal proclamation granting New Zealand Dominion status was issued on 9 September 1907.
It read - "Edward R. & I. Whereas We have on thePetitionof the Members of the Legislative Council and House of Representatives of Our Colony of New Zealand determined thatthe title of Dominion of New Zealand shall be substituted for that of the Colony of New Zealand as the designation of the said Colony,We have therefore by and with the advice of Our Privy Council thought fit to issue this Our Royal Proclamation and We do ordain, declare and command that on and after the twenty-sixth day of September, one thousand nine hundred and seven, the said Colony of New Zealand and the territory belonging thereto shall be called andknown by the title of the Dominion of New Zealand.And We hereby give Our Commands to all Public Departments accordingly. Given at Our Court at Buckingham Palace, this ninth day of September, in the year of Our Lord one thousand nine hundred and seven, and in the seventh year of Our Reign. God save the King."
Or is it still a colony?
There fails to be an Australian Royal Proclamation to grant Australia its dominion status. The only official status is below.
PROCLAMATION UNITING THE PEOPLE OF NEW SOUTH WALES, VICTORIA, SOUTH AUSTRALIA, QUEENSLAND, TASMANIA, AND WESTERN AUSTRALIA IN A FEDERAL COMMONWEALTH.
(Imperial Statutory Rules and Orders, revised 1948, Vol. II., Australia, p. 1027.)
1900 No. 722.
At the Court at Balmoral,
The 17th day of September, 1900.
The Queen's Most Excellent Majesty in Council.
The following Draft Proclamation was this day read at the Board and approved: – A. W. FITZROY.
By The Queen
WHEREAS by an Act of Parliament passed in the sixty-third and sixty-fourth years of Our Reign intituled, "An Act to constitute the Commonwealth of Australia," it is enacted that it shall be lawful for the Queen, with the advice of the Privy Council, to declare by proclamation that, on and after a day appointed, not being later than one year after the passing of this Act, the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, and also, if Her Majesty is satisfied that the people of Western Australia have agreed thereto, of Western Australia, shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia:
And whereas We are satisfied that the people of Western Australia have agreed thereto accordingly:
We, therefore, by and with the advice of Our Privy Council, have thought fit to issue this Our Royal Proclamation, and We do hereby declare that on and after the first day of January, One thousand nine hundred and one, the people of New South Wales, Victoria, South Australia, Queensland, Tasmania, and Western Australia shall be united in a Federal Commonwealth under the name of the Commonwealth of Australia.
Given at Our Court at Balmoral, this seventeenth day of September, in the year of Our Lord One thousand nine hundred and in the sixty-fourth year of Our Reign.
God Save The Queen!