THE NEWLY INDEPENDENT STATES
The machinery started work in 1947 on the creation of the Dominions of India and Pakistan. Ceylon followed in 1948 and there was then a lull until 1957, when the Gold Coast, as the State of Ghana, and the Federation of Malaya achieved their independence.
Three years later the machine gathered speed and in under sixteen months helped to deliver no less than four newly independent Commonwealth States —Cyprus on August 16, i960; Nigeria on October 1, i960; Sierra Leone on April 27,1961; and Tanganyika on December 9,1961? This list is not really complete, for I have not mentioned those countries which, during the same period, became independent and simultaneously left the Commonwealth: Burma, Palestine, and the British Somaliland Protectorate. I might even go back to 1931 when Iraq discarded the status of a mandated territory. But I must limit my subject matter to match the space at my disposal. I propose to concentrate upon transi-* See footnote on p. 11.
2 Jamaica, Trinidad and Uganda have become independent since this chapter was written.
don to independence within the Commonwealth. It is, however, of interest to glance at the other recent cases. Burma required an Act of Parliament, die Burma Act, 1947, because most of it was within His Majesty’s dominions and, though it cannot in my opinion be regarded as a rule of law, it does seem to be an established constitutional convention that the relinquishment of British tide requires Parliamentary consent. Further, British nationality was withdrawn from most Burmese who possessed it; provision was made for abatement of pending appeals to the Privy Council and for the temporary continuation of customs preferences; and references to Burma in a large number of Acts of Parliament had to be amended.
The Palestine Act, 1948, was similarly needed to deal with the operation of Acts of Parliament and Privy Council appeals. It also contained an indemnity for acts done in good frith by persons in His Majesty’s service, obviously related in particular to the disturbances.
It formally terminated the responsibility of the United Kingdom Goverment for the government of Palestine, a wise precaution; and it determined His Majesty’s jurisdiction in Palestine, which was no doubt tidy; but neither appears to have been strictly necessary. Jurisdiction was acquired under international law; under international law it was terminated; and though, in general, international rights and obligations have, per se, no validity in our municipal law, if the Crown, in exercise of the Prerogative, acquires jurisdiction by virtue of an international transaction, the fret is recognized by the common law and requires no confirmation. It must surely follow that the common law will also acknowledge a surrender of jurisdiction? The constitutional convention that transfer of British title to territory requires Parliamentary confirmation does not extend to the termination of mere jurisdiction. There was no Act of Parliament to put an end to the British Protectorate in Somaliland. In that case there were no statutes requiring consequential amendment. It was known that the territory intended in due course to join the Republic of Somalia and our constitutional machine was called upon for no more than two documents: first, a Royal Proclamation, dated June 23, i960, declaring that on June 26th Her Majesty’s protection should cease and all treaties and agreements with tribes of the territories and Her Majesty’s obligations, functions, powers, rights, authority or jurisdiction should lapse; and secondly an Order in Council1 providing the territory with a constitution for the period between the date of independence and union with the Republic.1 The Somaliland Order in Council i960 (S.I. i960, No. 1060).