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Royal assent

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Not to be confused withKing's Consent.

King George VI,accompanied byQueen Elizabeth,grants royal assent to laws in theCanadian Senate,19 May 1939
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Royal assentis the method by which amonarchformally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent topromulgation,while in others that is a separate step. Under a modernconstitutional monarchy,royal assent is considered little more than a formality. Even in nations such as theUnited Kingdom,Norway,the Netherlands,LiechtensteinandMonacowhich still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power tovetoby withholding royal assent was once exercised often byEuropean monarchs,such an occurrence has been very rare since the eighteenth century.

Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in theHouse of Lordsor may appointLords Commissioners,who announce that royal assent has been granted at a ceremony held at thePalace of Westminsterfor this purpose. However, royal assent is usually granted less ceremonially byletters patent.In other nations, such asAustralia,thegovernor-general(as the Monarch's representative) has the right to dissolve theparliament[1]and to sign a bill.[citation needed]InCanada,thegovernor generalmay give assent either in person at a ceremony in the Senate or by a written declaration notifyingParliamentof their agreement to the bill.

Usage

[edit]

The monarch would today not veto a bill, except on ministerial advice. Robert Blackburn suggested the monarch's granting of royal assent is now limited to due process and is a certification that a bill has passed all established parliamentary procedures,[2]whereas Rodney Brazier argued that a monarch can still refuse royal assent to a bill that "sought to subvert the democratic basis of the constitution". However, Brazier went on to admit doing such a thing would lead to "grave difficulties of definition" and it would be better if the monarch sought a different method of expressing their concern.[3]The only situation in which royal assent could be denied would be if a bill had been passed by the legislative houses or house against the wishes of the cabinet and the royal assent stage offered the latter with a last-ditch opportunity to prevent the bill from becoming law.[4]

United Kingdom

[edit]
See also:Royal Assent Act 1967

Before theRoyal Assent by Commission Act 1541allowed for delegation of the power toLords Commissioners,assent was always required to be given by the Sovereign in person before Parliament.[5]The last time it was given by the Sovereign in person in Parliament was during the reign ofQueen Victoriaat aprorogationon 12 August 1854.[6][a]The Act was repealed and replaced by theRoyal Assent Act 1967.However section 1(2) of that Act does not prevent the Sovereign from declaring assent in person if he or she so desires.

Royal assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign, he or she has the following formal options:

  • grant royal assent, thereby making the bill anAct of Parliament.
  • delay the bill's assent through the use ofreserve powers,thereby invoking a veto[8]
  • refuse royal assent on the advice of his or her ministers.[9]

The last bill that was refused assent was theScottish Militia BillduringQueen Anne'sreign in 1708.[10]

Erskine May'sParliamentary Practiceadvises "...and from that sanction they cannot be legally withheld", meaning that bills must be sent for royal assent, not that it must be given.[11]However, some authorities have stated that the Sovereign no longer has the power to withhold assent from a billagainstthe advice of ministers.[12][13]

Under modern constitutional conventions, the Sovereign generally acts on, and in accordance with, the advice of his or her ministers.[14]However, there is some disagreement among scholars as to whether the monarch should withhold royal assent to a bill if advised to do so by his or her ministers.[15]

Since these ministers most often enjoy the support of Parliament and obtain the passage of bills, it is improbable that they would advise the Sovereign to withhold assent. Hence, in modern practice, the issue has never arisen, and royal assent has not been withheld.[8]This possibility did arise during the early days of the premiership ofBoris Johnsonwhile the UK was negotiating aBrexitagreement with the EU. The Speaker of the House of Commons had allowed debate on a bill against the government's wishes, and the government of the day was effectively in a minority on the most pressing parliamentary issue at the time. As such, there were rumours that the prime minister might advise the then-Sovereign, Elizabeth II, to withhold assent on an unfavourable bill.[16]

Historical development

[edit]

Originally, legislative power was exercised by the sovereign acting on the advice of theCuria regis,or royal council, in which senior magnates and clerics participated and which evolved into Parliament.[17]In 1265,the Earl of Leicesterirregularly called a full parliamentwithout royal authorisation.[18]Membership of the so-calledModel Parliament,established in 1295 underEdward I,eventually came to be divided into two branches: bishops, abbots, earls, and barons formed theHouse of Lords,while the two knights from each shire and two burgesses from each borough led theHouse of Commons.[19]The King would seek the advice and consent of both houses before making any law.[20]

DuringHenry VI's reign, it became regular practice for the two houses to originate legislation in the form of bills, which would not become law unless the Sovereign's assent was obtained, as the Sovereign was, and still remains, the enactor of laws. Hence, all Acts include the clause "Be it enacted by the King's (Queen's) most Excellent Majesty, by and with the advice and consent of theLords SpiritualandTemporal,and Commons, in this present Parliament assembled, and by the authority of the same, as follows... ".[20]TheParliament Acts 1911 and 1949provide a second potential preamble if the House of Lords were to be excluded from the process.

The power of Parliament to pass bills was often thwarted by monarchs.Charles Idissolved Parliament in 1629, after it passed motions and bills critical of—and seeking to restrict—his arbitrary exercise of power. During the eleven years ofpersonal rulethat followed, Charles performed legally dubious actions such as raising taxes without Parliament's approval.[21]

The form of theCoronation Oathtaken by monarchs up to and including James I and Charles I included a promise (in Latin) to uphold the rightful laws and customsquas vulgus elegerit.[b]There was a controversy over the meaning of this phrase: the verbelegeritis ambiguous, representing either the future perfect ( "which the common peopleshallhave chosen "), or perfect subjunctive (" which the common peoplemayhave chosen "). Charles I, adopting the latter interpretation, considered himself committed only to uphold those laws and customs thatalready existedat the time of his coronation.[23]TheLong Parliamentpreferred the former translation, interpreting the oath as an undertaking to assent to any law passed by Parliament, as the representative of the "common people". The restorationConvention Parliamentresolved the issue by removing the disputed phrase from the Oath.[24]

After theEnglish Civil War,it was accepted that Parliament should be summoned to meet regularly, but it was still commonplace for monarchs to refuse royal assent to bills. TheSedition Act 1661even made it a treasonable offence to suggest that Parliament had "a legislative power without the king".[24]In 1678,Charles IIwithheld his assent from a bill "for preserving the Peace of the Kingdom by raising theMilitia,and continuing them in Duty for Two and Forty Days, "[25]suggesting that he, not Parliament, should control the militia.[26]William IIImade comparatively liberal use of the royal veto, withholding assent from five public bills between 1692 and 1696.[24]These were:

  • The Judges Bill (vetoed 1692) would have regulated the fees charged by judges, and removed the right of the monarch to dismiss judges at will, stipulating that a judge should hold his commission "on good behaviour". One contemporary observer reported that William's veto was recommended by the judges themselves, concerned that the regulation of their fees would deprive them of a lucrative source of income.[24]
  • The Royal Mines Bill (vetoed 1692) would have clearly defined the monarch's right to seize any mine containing gold or silver. A similar bill was again passed by Parliament and given royal assent in the following year.[24]
  • The Triennial Bill (vetoed 1693) would have ensured Parliament would meet annually, and that no parliament could last longer than three years. A similar law, without the requirement for annual parliamentary sessions, was approved by the king in 1694 and became law.[24]
  • The Place Bill (vetoed 1694) would have prevented members of Parliament from accepting any office or employment under the Crown without standing for re-election.[24]A similar provision was later approved by William as part of theAct of Settlement 1701.[27]
  • The Qualifications Bill (vetoed 1696) would have established property qualifications for members of Parliament.[24]

Carafano suggests that William III considered the royal veto "his personal legislative tool".[24]By contrast, the last Stuart monarch,Anne,withheld her assent from a bill just once. On 11 March 1708, she vetoed theScottish Militia Billon the advice of her ministers. No monarch has since withheld royal assent on a bill passed by Parliament.[28][29]

During the rule of the succeedingHanoverian dynasty,power was gradually exercised more by Parliament and the government. The first Hanoverian monarch,George I,became heir presumptive and then king late in life. Speaking English as a second language and being at first unfamiliar with British politics and customs, he relied on his ministers to a greater extent than had previous monarchs. Later Hanoverian monarchs attempted to restore royal control over legislation:George IIIandGeorge IVboth openly opposedCatholic Emancipation[30][31]and asserted that to grant assent to a Catholic emancipation bill would violate theCoronation Oath,which required the sovereign to preserve and protect the establishedChurch of Englandfrom papal domination, and would grant rights to individuals who were in league with a foreign power which did not recognise their legitimacy. However, George IV reluctantly granted his assent upon the advice of his ministers.[31]Thus, as the concept of ministerial responsibility has evolved, the power to withhold royal assent has fallen into disuse, both in the United Kingdom and in the other Commonwealth realms.

In 1914,George Vtook legal advice on withholding royal assent from theGovernment of Ireland Bill;then highly contentious legislation that theLiberalgovernment intended to push through Parliament by means of theParliament Act 1911.He decided not to withhold assent without "convincing evidence that it would avert a national disaster, or at least have a tranquillising effect on the distracting conditions of the time".[32]

It has been mooted that, in modern times, the government could advise the monarch to withhold royal assent, but that elected politicians should strive to avoid such a scenario.[33]

Scotland
[edit]

Royal assent is the final stage in the legislative process for acts of theScottish Parliament.The process is governed by sections 28, 32, 33, and 35 of theScotland Act 1998.[34]After a bill has been passed, thePresiding Officer of the Scottish Parliamentsubmits it to the monarch for royal assent after a four-week period, during which theAdvocate General for Scotland,theLord Advocate,theAttorney Generalor theSecretary of State for Scotland[35]may refer the bill to theSupreme Court of the United Kingdom(prior to 1 October 2009, theJudicial Committee of the Privy Council) for review of its legality. Royal assent is signified by letters patent under theGreat Seal of Scotlandas set out in The Scottish Parliament (Letters Patent and Proclamations) Order 1999 (SI1999/737) and of which notice is published in the London, Edinburgh, and Belfast Gazettes.[36]

The authority of the Secretary of State for Scotland to prohibit the submission of an act of the Scottish Parliament for royal assent was first used in January 2023 for theGender Recognition Reform (Scotland) Bill.[37]

Wales
[edit]

Measures,which were the means by which theNational Assembly for Walespassed legislation between 2006 and 2011, were assented to by Queen Elizabeth II by means of anOrder in Council.[38][39]Section 102 of theGovernment of Wales Act 2006required the Clerk to the Assembly to present measures passed by the assembly after a four-week period during which theCounsel General for Walesor theAttorney Generalcould refer the proposed measure to theSupreme Courtfor a decision as to whether the measure was within the assembly's legislative competence. Following thereferendum held in March 2011,in which the majority voted for the assembly's law-making powers to be extended,[40]measures were replaced byActs of the Assembly.[41]

Northern Ireland
[edit]

Under section 14 of theNorthern Ireland Act 1998,a bill which has been approved by theNorthern Ireland Assemblyis presented to the monarch by theSecretary of State for Northern Irelandfor royal assent after a four-week waiting period during which theAttorney General for Northern Irelandmay refer the bill to the Supreme Court. Assent is given by means of letters patent in the following form set out in the Northern Ireland (Royal Assent to Bills) Order 1999.[42]

Between 1922 and 1972, bills passed by theParliament of Northern Irelandwere passed to theGovernor of Northern Irelandfor royal assent under theGovernment of Ireland Act of 1920,replacing the office ofLord Lieutenant.[43]

Jersey and Guernsey
[edit]

The lieutenant governors of theBailiwick of Jerseyand theBailiwick and Islands of Guernseydo not have the authority to grant assent, nor, as proxies, as the British Crown's representative, deliver assent, to legislation emanating from the respective legislatures of these islands. The States of Jersey Law 2005 abolishes the power of the lieutenant governor to directly impose a formal veto to a resolution of the States of Jersey.[44]

The equivalent of the royal assent is formally granted or formally refused on the formal advice of the Committee of Council for the Affairs of Jersey and Guernsey in pursuance of Queen Elizabeth II's Order-in-Council of 22 February 1952. A recent example when the equivalent of the royal assent was refused was in 2007, concerning reforms to the constitution of theChief Pleas of Sark.[45](A revised version of the proposed reforms was subsequently given the equivalent of the royal assent.[46])

Isle of Man
[edit]

Special procedures apply to legislation passed by theTynwaldof theIsle of Man.Before the Lordship of the Island was purchased by the British Crown in 1765 (theRevestment), the assent of theLord of Mannto a bill was signified by letter to the Governor.[47]After 1765, the equivalent of the royal assent was at first signified by the letter from the Secretary of State to the Governor;[48]but, during theBritish Regency,the practice began of granting the equivalent of the royal assent to Manx legislation by Orders in Council,[49]which continues to this day, though limited to exceptional cases since 1981. That year an Order in Council delegated to thelieutenant governorthe power to grant royal assent to bills passed byTynwald.The lieutenant governor must however refer any bill impacting on reserved powers (defence, foreign relations, nationality law, the relationship between the island and the United Kingdom and any matters relating to the monarch) to the British government for advice, on which he is required to act.[50]

Since 1993, theSodor and ManDiocesan Synodof theChurch of Englandwithin theProvince of Yorkhas had power to enact measures making provision "with respect to any matter concerning the Church of England in the Island". If approved by the Tynwald, a measure "shall have the force and effect of an Act of Tynwald upon the Royal Assent thereto being announced to the Tynwald".[51]Between 1979 and 1993, the Synod had similar powers, but limited to the extension to the Isle of Man of measures of theGeneral Synod.[52]Before 1994, the equivalent of the royal assent was granted by Order in Council, as for a bill, but the power to grant the equivalent of the royal assent to measures has now been delegated to the lieutenant governor.[53]A Measure does not requirepromulgation.[54]

[edit]
Main article:Royal Consent

King's Consent and Prince's Consent are distinct from royal assent. They are required only for bills affecting the royal prerogative and the personal property and "personal interests" of the monarch, and are granted before parliament has debated or voted to pass a bill. They are internal parliamentary rules of procedure that could, in principle, be dispensed with by parliament. Consent is always granted on the advice of the government; the monarch never takes the decision to withhold consent.

Other Commonwealth realms

[edit]

InCommonwealth realmsother than the UK, royal assent is granted or withheld either by the realm's sovereign or, more frequently, by the representative of the sovereign, thegovernor-general.[55]In Australia and Canada, which arefederations,assent in each state or province is granted or withheld by the relevantgovernororlieutenant governor,respectively.

In Australia, in the special case of a bill proposing to amend the constitution, the bill is submitted to the electorate in a referendum and must receive majority support before receiving royal assent. All other bills passed normally by the Parliament become acts of Parliament once they have received royal assent.[56]

Canada

[edit]

For Canada, the lieutenant governors may defer assent to thegovernor general,[57]who may defer assent to federal bills to the sovereign.[58]If the governor general is unable to give assent, it can be done by adeputy,specificallya justice of the Supreme Court of Canada.Through Canadian history, royal assent has been withheld by a lieutenant governor approximately 90 times, the last occurring in Saskatchewan in 1961.[59]

It is not actually necessary for the governor general to sign a bill passed by a legislature, the signature being merely an attestation. In each case, the parliament must be apprised of the granting of assent before the bill is considered to have become law.[60]Two methods are available: the sovereign's representatives may grant assent in the presence of both houses of parliament. Alternatively, each house may be notified separately, usually by the speaker of that house. Both houses must be notified on the same day. Notice to the House of Commons while it is not in session may be given by way of publishing a special issue of theJournals of the House of Commons.The Senate must be sitting and the governor general's letter read aloud by the speaker.[60]

Development

[edit]

While royal assent has not been withheld for a bill backed by the government in the United Kingdom since 1708, it has often been withheld in British colonies and former colonies by governors acting on royal instructions. In theUnited States Declaration of Independence,colonists complained that George III "has refused his Assent to Laws, the most wholesome and necessary for the public good [and] has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them."[61]

Since theBalfour Declaration of 1926and theStatute of Westminster 1931,all the Commonwealth realms have been sovereign kingdoms, the monarch and governors-general acting solely on the advice of the local ministers, who generally maintain the support of the legislature and are the ones who secure the passage of bills. They, therefore, are unlikely to advise the sovereign, or his or her representative, to withhold assent. The power to withhold the royal assent was exercised byAlberta's Lieutenant Governor,John C. Bowen,in 1937, in respect of three bills passed in the legislature dominated byWilliam Aberhart'sSocial Creditparty. Two bills sought to put banks under the authority of the province, thereby interfering with the federal government's powers. The third, theAccurate News and Information Bill,purported to force newspapers to print government rebuttals to stories to which the provincial cabinet objected. The unconstitutionality of all three bills was later confirmed by theSupreme Court of Canadaand by theJudicial Committee of the Privy Council.[62]

In Australia, technical issues arose with the royal assent in both 1976 and 2001. In 1976, a bill originating in theHouse of Representativeswas mistakenly submitted to the governor-general and assented to. However, it was later discovered that it had not been passed by the Senate. The error arose because two bills of the same title had originated from the House. The governor-general revoked the first assent, before assenting to the bill which had actually passed the Senate and the House. The same procedure was followed to correct a similar error that arose in 2001.[63]

Ceremony

[edit]

United Kingdom

[edit]
Start of the parchment roll of theReform Act 1832,with the clerk's record of the royal assent of KingWilliam IVwritten above the bill, reading in fullLe Roy le Veult. Soit baillé aux Seigneurs. A cette Bille avecque des amendemens les Seigneurs sont assentuz. A ces Amendemens les Communes sont assentuz.

In the United Kingdom, a bill is presented for royal assent after it has passed all the required stages in both the House of Commons and the House of Lords. Under the Parliament Acts 1911 and 1949, the House of Commons may, under certain circumstances, direct that a bill be presented for assent despite lack of passage by the House of Lords.[64][65]

A list of all bills that have thus passed Parliament is drawn up by theClerk of the Crown in Chancery;this list is then approved by theClerk of the Parliaments.(The Prime Minister, other ministers, and Privy Counsellors do not normally have any involvement in drawing up the list.) The Clerk of the Crown then preparesletters patentlisting all the relevant bills, which are then signed by the monarch.[66]

Officially, assent is granted by the sovereign or byLords Commissionersauthorised to act byletters patent.Royal assent may be granted in parliament or outside parliament; in the latter case, each house must be separately notified before the bill takes effect.

TheClerk of the Parliaments,the chief official of the House of Lords, traditionally pronounces a formula inAnglo-NormanLaw French,indicating the sovereign's decision. The granting of royal assent to asupply billis indicated with the words "Le Roy remercie ses bons sujets, accepte leur benevolence, et ainsi le veult",[8]translated as "The King thanks his good subjects, accepts their bounty, and so wills it." For other public orprivate bills,the formula is simply "Le Roy le veult"(" the King wills it "). Forpersonal bills,the phrase is "Soit fait comme il est désiré" ( "let it be done as it is desired" ). The appropriate formula for withholding assent is the euphemistic "Le Roy s'avisera" ( "the King will consider it" ).[67]

When the sovereign is female,Le Royis replaced byLa Reyne.

Before the reign of Henry VIII, the sovereign always granted his or her assent in person. The sovereign, wearing the Crown, would be seated on the throne in the Lords chamber, surrounded byheraldsand members of the royal court—a scene that nowadays is repeated only at the annualState Opening of Parliament.The Commons, led by theirSpeaker,would listen from the Bar of the Lords, just outside the chamber. The Clerk of the Parliaments presented the bills awaiting assent to the monarch, save that supply bills were traditionally brought up by the Speaker. The Clerk of the Crown, standing on the sovereign's right, then read aloud the titles of the bills (in earlier times, the entire text of the bills). The Clerk of the Parliaments, standing on the sovereign's left, responded by stating the appropriate Norman French formula.[68]

Henry VIIIintroduced a new method of granting royal assent.

A new device for granting assent was created during the reign of KingHenry VIII.In 1542, Henry sought to execute his fifth wife,Catherine Howard,whom he accused of committing adultery; the execution was to be authorised not after a trial but by abill of attainder,to which he would have to personally assent after listening to the entire text. Henry decided that "the repetition of so grievous a Story and the recital of so infamous a crime" in his presence "might reopen a Wound already closing in the Royal Bosom".[69]Therefore, Parliament inserted a clause into the Act of Attainder, providing that assent granted by Commissioners "is and ever was and ever shall be, as good" as assent granted by the sovereign personally.[70]The procedure was used only five times during the 16th century, but more often during the 17th and 18th centuries, especially whenGeorge III's health began to deteriorate.Queen Victoriabecame the last monarch to personally grant assent in 1854.[71][72]

When granting assent by commission, the sovereign authorises three or more (normally five) lords who areprivy counsellorsto declare assent in his or her name. TheLords Commissioners,as the monarch's representatives are known, wear scarlet parliamentary robes and sit on a bench between the throne and theWoolsack.The Lords Reading Clerk reads the commission aloud; the senior commissioner then states, "My Lords, in obedience to His Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, that His Majesty has given His Royal Assent to the several Acts in the Commission mentioned."[73][74]

During the 1960s, the ceremony of assenting by commission was discontinued and is now only employed once a year, at the end of the annual parliamentary session. In 1960, the Gentleman Usher of theBlack Rodarrived to summon the House of Commons during a heated debate and several members protested against the disruption by refusing to attend the ceremony. The debacle was repeated in 1965; this time, when the Speaker left the chair to go to the House of Lords, some members continued to make speeches. As a result, theRoyal Assent Act 1967was passed, creating an additional form for the granting of royal assent. As the attorney-general explained, "there has been a good deal of resentment not only at the loss of Parliamentary time that has been involved but at the breaking of the thread of a possibly eloquent speech and the disruption of a debate that may be caused."[75]

Under the Royal Assent Act 1967, royal assent can be granted by the sovereign in writing, by means of letters patent, that are presented to the presiding officer of each house of Parliament.[68]Then, the presiding officer makes a formal, but simple statement to the house, acquainting each house that royal assent has been granted to the acts mentioned. Thus, unlike the granting of royal assent by the monarch in person or by royal commissioners, the method created by the Royal Assent Act 1967 does not require both houses to meet jointly for the purpose of receiving the notice of royal assent. The standard text of the letters patent is set out in The Crown Office (Forms and Proclamations Rules) Order 1992,[76]with minor amendments in 2000. In practice this remains the standard method, a fact that is belied by the wording of the letters patent for the appointment of the Royal Commissioners and by the wording of the letters patent for the granting of royal assent in writing under the 1967 Act ( "... And forasmuch as We cannot at this time be present in the Higher House of Our said Parliament being the accustomed place for giving Our Royal Assent..." ).[77]

Independently of the method used to signify royal assent, it is the responsibility of theClerk of the Parliaments,once the assent has been duly notified to both houses, not only to endorse the act in the name of the monarch with the formal Norman French formula, but to certify that assent has been granted.[78]The Clerk signs one authentic copy of the bill and inserts the date (in English) on which the assent was notified to the two houses after the title of the act.[79]

Australia and New Zealand

[edit]

In Australia, the formal ceremony of granting assent in parliament has not been regularly used since the early 20th century. Today, the bill is sent to the governor's or thegovernor-general's residenceby the house in which it originated. The governor-general then signs the bill, and notifies the president of the Senate and the speaker of the House of Representatives, who notify their respective houses of the governor-general's action.[80]A similar practice is followed in New Zealand, where the governor-general has not granted the royal assent in person in parliament since 1875.[80]

Canada

[edit]
Kevin S. MacLeodasUsher of the Black Rodin 2009. Black Rod is a key element of the royal assent ceremony in Canada as in Britain.

In Canada, the traditional ceremony for granting assent in Parliament was regularly used until the 21st century, long after it had been discontinued in the United Kingdom and other Commonwealth realms. One result, conceived as part of a string of acts intended to demonstrate Canada's status as an independent realm, was that KingGeorge VIpersonally assented to nine bills of theCanadian Parliamentduring histour of Canada in 1939—85 years after his great-grandmother,Queen Victoria,had last granted royal assent personally in the United Kingdom. Under the Royal Assent Act, 2002, the alternative practice of granting assent in writing, with each house being notified separately, was brought into force. Thespeaker of the Senateor a representative reads to the senators the letters from thegovernor generalregarding the written declaration of royal assent.[81]As the act provides, royal assent is to be signified—by the governor general or by a deputy, usually a Justice of theSupreme Court.[71]

The royal assent ceremony takes place in theSenate,as the sovereign is traditionally barred from the House of Commons.[82]On the day of the event, the speaker of the Senate will read to the chamber a notice from thesecretary to the governor generalindicating when the viceroy or a deputy thereof will arrive. The Senate thereafter cannot adjourn until after the ceremony. The speaker moves to sit beside the throne. The mace bearer, with mace in hand, stands adjacent to him or her, and the governor general enters to take the speaker's chair.[83]

Theusher of the Black Rodis then commanded by the speaker to summon the members of Parliament, who follow black rod back to the Senate, thesergeant-at-armscarrying the mace of the House of Commons. In the Senate, those from the Commons stand behind the bar, while black rod proceeds to stand next to the governor general, who then nods his or her head to signify royal assent to the presented bills (which do not include supply bills). Once the list of bills is complete, the clerk of the Senate states: "in his [or her] majesty's name, his [or her] excellency the governor general [or the deputy] doth assent to these bills."[83]

If there are any supply bills to receive royal assent, the speaker of the House of Commons will read their titles and the Senate clerk repeats them to the governor general, who nods his or her head to communicate royal assent. When these bills have all been assented to, the clerk of the Senate recites "in his [or her] majesty's name, his [or her] excellency the governor general [or the deputy] thanks his [or her] loyal subjects, accepts their benevolence, and assents to these bills." The governor general or his or her deputy then depart Parliament.[84]

Other countries

[edit]

In some monarchies—such as Belgium, Denmark, Japan, Malaysia, the Netherlands,[85]Norway, Spain, and Thailand—promulgation is required as well as royal assent. In Sweden, however, themonarchwas removed from the processin 1975;instead, thegovernment(i.e. the cabinet chaired by thePrime Minister) officially promulgates laws. In both cases, however, the process of assent and promulgation is usually a formality, whether by constitutional convention or by an explicit provision of the constitution.

Belgium

[edit]

In Article 109 of the constitution: "The Kingsanctionsandpromulgateslaws ". In Belgium, the royal assent is calledsanction royale/koninklijke bekrachtiging(Royal Sanction), and is granted by the King signing the proposed statute (and a minister countersigning it). The Belgian constitution requires a theoretically possible refusal of royal sanction to be countersigned—as any other act of the monarch—by a minister responsible before the House of Representatives. The monarch promulgates the law, meaning that he or she formally orders that the law be officially published and executed. In 1990, whenKing Baudouinadvised his cabinet he could not, in conscience, sign a bill decriminalising abortion (a refusal patently not covered by a responsible minister), theCouncil of Ministers,at the King's own request, declared Baudouin incapable of exercising his powers. In accordance with the Belgian constitution, upon the declaration of the Sovereign's incapacity, the Council of Ministers assumed the powers of the head of state until parliament could rule on the King's incapacity and appoint a regent. The bill was then assented to by all members of the Council of Ministers "on behalf of the Belgian People".[86]In a joint meeting, both houses of parliament declared the King capable of exercising his powers again the next day.[87]

Japan

[edit]

Articles 6 and 7 of theConstitution of Japanmention the decisions of the parliament that require the approval of theEmperor.These are some of the so-called "acts of state"(Quốc sự hành vi,kokuji-kōi),and according to Article 3 of the Constitution, acts of state require the advice and approval of the Cabinet, which is the responsibility of the Cabinet.[88]

Jordan

[edit]

The constitution ofJordangrants its monarch the right to withhold assent to laws passed by its parliament. Article 93 of that document gives the Jordanian Sovereign six months to sign or veto any legislation sent to him from the National Assembly. If he vetoes it within that timeframe, the assembly may override his veto by a two-thirds vote of both houses. Otherwise, the law does not go into effect, but it may be reconsidered in the next session of the assembly. If the monarch fails to act within six months of the bill being presented to him, it becomes law without his signature.[89]

Luxembourg

[edit]

While Article 34 of the constitution ofLuxembourgformerly required thegrand duke or duchesstosanctionandpromulgatea new law for it to take effect, the required sanction was removed in 2008, after Grand DukeHenriinformed hisprime ministerthat he could not in good conscience assent to a bill to permiteuthanasiain the country. The subsequent constitutional amendment removed the need for assent while retaining the need for the Grand Duke to promulgate new laws.[90]The Grand-Duke's signature is still required, but does not imply assent, onlypromulgation(announcement that the law has been enacted by Parliament).[91]The Grand-Duke did sign the Euthanasia Act under this new constitutional arrangement.[92]

Norway

[edit]

Articles 77–79 of theNorwegian constitutionspecifically grant themonarch of Norwaythe right to withhold royal assent from any bill passed by theStorting.[93]Should the monarch ever choose to exercise this privilege, Article 79 provides a means by which his veto may be over-ridden: "If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting goes into recess."[93]

Spain

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In Part II of the1978 Spanish constitution,among provisions concerning the Crown, Article 62(a) invests thesanction(i.e. Royal Assent) andpromulgationof laws with themonarch of Spain.Chapter 2 of Part III, concerning the Drafting of Bills, outlines the method by which bills are passed. According to Article 91, the monarch shall give his or her assent and promulgate the new law within fifteen days of passage of a bill by the Cortes Generales. Article 92 invests the monarch with the right to call for a referendum, on the advice of thepresident of the government(commonly referred to in English as the prime minister) and the authorisation of the cortes.

No constitutional provision allows the monarch to directly veto legislation; however, neither does the constitution prohibit the Sovereign from withholding royal assent. When the Spanish media asked KingJuan Carlos Iif he would endorse the bill legalisingsame-sex marriages,he answered: "Soy el Rey de España y no el de Bélgica"(" I am the King of Spain and not that of Belgium ")—a reference to KingBaudouin of Belgium,who had refused to sign the Belgian law legalising abortion.[94]The King gave royal assent to Law 13/2005 on 1 July 2005; the law wasgazettedin theBoletín Oficial del Estadoon 2 July and came into effect on 3 July 2005.[95]

Tonga

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Articles 41 and 68 of theconstitutionempower theKingto withhold royal assent from bills adopted by theLegislative Assembly.[96]In 2010, the kingdom moved towards greater democracy, with KingGeorge Tupou Vsaying that he would be guided by hisprime ministerin the exercising of his powers. Nonetheless, this does not preclude an independent royal decision to exercise a right of veto. In November 2011, the assembly adopted an Arms and Ammunitions (Amendment) Bill, which reduced the possible criminal sentences for the illicit possession of firearms. The bill was adopted by ten votes to eight. Two members of the assembly had recently been charged with the illicit possession of firearms. The Prime Minister,Lord Tuʻivakanō,voted in favour of the amendment. Members of the opposition denounced the bill and asked the King to veto it, which he did in December.[97][98][99][100]

Notes

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  1. ^This was also the last occasion on which Parliament was prorogued by the monarch in person[7]
  2. ^The full text is as follows:Concedis justas leges et consuetudines esse tenendas? et promittis per te eas esse protegendas quas vulgus elegerit, secundum vires tuas? Respondebit, Concedo et promitto.[22]

References

[edit]
  1. ^"The Australian Constitution – Section 5 – Sessions of Parliament – Prorogation and Dissolution".australianpolitics.com.Archivedfrom the original on 20 October 2021.Retrieved22 August2021.
  2. ^Blackburn, Robert (2004), "Monarchy and the Personal Prerogatives",Note 2,Public L, p. 554
  3. ^Brazier, Rodney (2005), "Monarchy and the Personal Prerogatives – A personal response to Professor Blackburn",Note 8,Public L, p. 47
  4. ^Hazell, Robert; Morris, Bob (2017), Lagassé, Philippe; MacDonald, Nicholas A. (eds.),"The Crown in the 21st Century"(PDF),Review of Constitutional Studies,If the Queen Has No Reserve Powers Left, What Is the Modern Monarchy For?,22(1), Edmonton: Centre for Constitutional Studies: 11,archived(PDF)from the original on 16 August 2022,retrieved31 May2023
  5. ^Carroll, Alex (1998).Constitutional and Administrative Law.London: Financial Times/Prentice Hall. p. 207.ISBN978-0273625711.
  6. ^Lidderdale, David, ed. (1976).Erskine May's Treatise on The Law, Privileges, Proceedings and Usage of Parliament(19th ed.). Butterworths. p. 564.ISBN0-406-29102-0.
  7. ^Lidderdale, David, ed. (1976).Erskine May's Treatise on The Law, Privileges, Proceedings and Usage of Parliament(19th ed.). Butterworths. p. 261.ISBN0-406-29102-0.
  8. ^abcBennion, Francis(November 1981). "Modern Royal Assent Procedure at Westminster".Statute Law Review.3(2): 133–147.doi:10.1093/slr/2.3.133.
  9. ^Erskine May, Thomas, ed. (1851).A Practical Treatise on the Law, Privileges, Proceedings and Usage of Parliament(2nd ed.). p. 373.
  10. ^Lords' Journals(1705–1709),p. 506
  11. ^Lidderdale, David, ed. (1976).Erskine May's Treatise on The Law, Privileges, Proceedings and Usage of Parliament(19th ed.). Butterworths. p. 562.ISBN0-406-29102-0.,citing Hats. p. 339, 13Lords' Journals,p. 756
  12. ^Campbell, John.Lives of the Chancellors.Vol. III. p. 354.
  13. ^Gilbert Burnet,A History of my Own Time,vol. II (1734), p. 274.
  14. ^Gay, Oonagh; Maer, Lucinda (30 December 2009)."The Royal Prerogative"(PDF).House of Commons Library.Retrieved26 August2014.
  15. ^"Robert Craig: Could the Government Advise the Queen to Refuse Royal Assent to a Backbench Bill?".22 January 2019.Archivedfrom the original on 3 February 2019.Retrieved3 February2019.
  16. ^"Brexit Dragged the Queen into Politics – And Isn't Letting Go".Archivedfrom the original on 12 November 2022.Retrieved9 November2022.
  17. ^Pollard, A. F. (1920).The Evolution of Parliament.New York: Longmans, Green and Co. pp.36–45.
  18. ^Barzel, Yoram; Kiser, Edgar (1997). "The Development and Decline of Medieval Voting Institutions: A Comparison of England and France".Economic Inquiry.35(2): 252.doi:10.1111/j.1465-7295.1997.tb01907.x.
  19. ^Sayles, G. O. (1974).The King's Parliament of England.New York: W. W. Norton. pp.106–107.
  20. ^ab"House of Lords".politics.co.uk.Archived fromthe originalon 13 February 2012.Retrieved9 December2011.
  21. ^"Charles I (r. 1625–49)Archived3 June 2012 at theWayback Machine".Royal Household at Buckingham Palace. Retrieved 12 April 2007.
  22. ^Wordsworth, ed. (1892).The Manner of the Coronation of King Charles the First of England.London: Henry Bradshaw Liturgical Text Society. p.21.
  23. ^Weston, Corrinne Comstock; Greenberg, Janelle Renfrow (2002) [1981].Subjects and Sovereigns: The Grand Controversy Over Legal Sovereignty in Stuart England(first paperback ed.). Cambridge: Cambridge University Press. p. 65.ISBN9780521892865.
  24. ^abcdefghiCarafano, James Jay (1987). "William III and the Negative Voice".Albion.19(4): 509–525.doi:10.2307/4049472.JSTOR4049472.
  25. ^"House of Lords Journal Volume 13: 27 November 1678Archived27 September 2007 at theWayback Machine".Journal of the House of Lords: volume 13: 1675–1681 (1771), pp. 380–385. Retrieved 12 April 2007.
  26. ^"The making and keeping of ActsArchived24 February 2020 at theWayback Machine"(PDF).History Today,Vol. VI, pp. 765–773, 1956. Retrieved 18 April 2007.
  27. ^Pickering, Danby (1764).Statutes at Large From the Eighth Year of King William to the Second Year of Queen Anne, Vol. X.London: Joseph Bentham. p. 360.That no person who has an office or place of profit under the King, or receives a pension from the Crown, shall be capable of serving as a member of the House of Commons
  28. ^"House of Lords Journal Volume 18: 11 March 1708".www.british-history.ac.uk.Archivedfrom the original on 10 December 2017.Retrieved30 April2017.
  29. ^"parliament.uk FAQs".www.parliament.uk.Archivedfrom the original on 3 October 2017.Retrieved30 April2017.
  30. ^Conway, Stephen (February 2003)."Book Review: George III: An Essay in Monarchy".The Institute of Historical Research. Archived fromthe originalon 27 September 2007.Retrieved12 April2007.
  31. ^ab"George IV (1762–1830)Archived25 December 2019 at theWayback Machine".BBC History. Retrieved 12 April 2007.
  32. ^Bradley, A. W. & Ewing, K. D. (2003).Constitutional and Administrative Law(13th ed.). London: Longmans. p. 243.ISBN0-582-43807-1.
  33. ^Craig, Robert (22 January 2019)."Could the Government Advise the Queen to Refuse Royal Assent to a Backbench Bill?".UK Constitutional Law Association.Archivedfrom the original on 3 March 2021.Retrieved12 March2021.
  34. ^"Scotland Act 1998".The National Archives.Archivedfrom the original on 29 June 2016.Retrieved30 August2014.
  35. ^"Stage of a billArchived10 June 2015 at theWayback Machine".The Scottish Parliament. Retrieved 29 June 2015.
  36. ^"The Scottish Parliament (Letters Patent and Proclamations) Order 1999".The National Archives.Archivedfrom the original on 18 October 2013.Retrieved30 August2014.
  37. ^"UK government to block Scottish gender bill".16 January 2023.Archivedfrom the original on 23 November 2023.Retrieved27 November2023– via www.bbc.com.
  38. ^"Section 102 of the Government of Wales Act 2006".The National Archives.Archivedfrom the original on 13 July 2014.Retrieved30 August2014.
  39. ^Order in CouncilArchived19 February 2009 at theWayback Machinedated 9 July 2008, approving The NHS Redress (Wales) Measure 2008, the first Measure to be passed by the Assembly on 6 May 2008. Office of Public Sector Information
  40. ^"Welsh referendum 2011".Welsh Assembly Government. Archived fromthe originalon 7 April 2011.Retrieved23 March2011.
  41. ^"The National Assembly for Wales (Letters Patent) Order 2011"(PDF).Legislation.gov.uk. 16 March 2011.Archived(PDF)from the original on 13 November 2012.Retrieved23 March2011.
  42. ^"The Northern Ireland (Royal Assent to Bills) Order 1999"(PDF).Legislation.gov.uk. 8 October 2011.Archived(PDF)from the original on 18 December 2010.Retrieved8 October2011.
  43. ^"CAIN: Government of Ireland Act, 1920".cain.ulst.ac.uk.Archivedfrom the original on 21 December 2006.Retrieved15 June2012.
  44. ^"States of Jersey Law 2005".Jersey Legal Information Board.Archivedfrom the original on 26 October 2021.Retrieved7 April2013.
  45. ^"R (on the application of Barclay and others) v Secretary of State for Justice and others"(PDF).UK Supreme Court. 1 December 2009. Archived fromthe original(PDF)on 8 April 2014.Retrieved25 October2010.See paragraph 27.
  46. ^R (Barclay) v Secretary of State for Justice,paragraph 30.
  47. ^E.g., letter from Duke of Atholl, 11 June 1757, allowing and confirming An Act to prevent Clandestine Marriages:Gell, J, ed. (1883),Statutes of the Isle of Man,vol. I, Douglas, p. 284{{citation}}:CS1 maint: location missing publisher (link)
  48. ^E.g., letter from Duke of Portland (Secretary of State) to Duke of Atholl (Governor), 15 July 1796, advising of the King's approval to two Acts but withholding assent to a third: op. cit p. 352
  49. ^E.g., Order in Council of 7 March 1814 approving two Acts: op. cit. p. 381
  50. ^"Royal Assent to Legislation (Isle of Man) Order 1981"(PDF).gov.im.Archived fromthe original(PDF)on 16 August 2022.Retrieved3 June2017.
  51. ^Church Legislation Procedure Act 1993 section 2,archivedfrom the original on 8 July 2008,retrieved6 January2010
  52. ^Church (Application of General Synod Measures) Act 1979
  53. ^Sodor and Man Diocesan Synod Measures Order 1994
  54. ^Church Legislation Procedure Act 1993 Sch.1 para.4(2),archivedfrom the original on 8 July 2008,retrieved6 January2010
  55. ^"Constitution Act 1986".Parliamentary Counsel Office.Archivedfrom the original on 26 January 2020.Retrieved29 October2010.
  56. ^"10 – Legislation".House of Representatives Practice.Parliament of Australia. Archived fromthe originalon 13 September 2018.Retrieved20 September2018.
  57. ^MacLeod, Kevin S.(2015),A Crown of Maples(PDF),Ottawa: Queen's Printer for Canada, p. 25,ISBN978-0-662-46012-1,archived fromthe original(PDF)on 10 November 2012,retrieved5 February2016
  58. ^Constitution Act, 1867,IV.55, Westminster, 29 March 1867,archivedfrom the original on 3 February 2010,retrieved5 February2016{{citation}}:CS1 maint: location missing publisher (link)
  59. ^MacLeod 2015,p. 25
  60. ^abSenate of Canada (June 2015),Senate Procedure and Practice(PDF),Ottawa: Queen's Printer for Canada, p. 53,archived(PDF)from the original on 20 August 2015,retrieved15 November2015
  61. ^"Action of Second Continental Congress, 4 July 1776".Emory University Law School.Archived fromthe originalon 6 March 2007.Retrieved18 April2007.
  62. ^"The Honourable John C. Bowen, 1937–50".Legislative Assembly of Alberta.Archived fromthe originalon 20 December 2008.Retrieved22 April2007.
  63. ^Odgers, J. R. (2012)."Chapter 12: Legislation, Section 25: Governor-General's assent".In Evans, Harry; Laing, Rosemary (eds.).Odgers' Australian Senate Practice(13th ed.). Canberra: Department of the Senate. Archived fromthe originalon 15 October 2012.
  64. ^"Once a bill has completed all the parliamentary stages in both Houses, it is ready to receive royal assent",Bill becomes an Act of Parliament[1]Archived13 October 2013 at theWayback Machine
  65. ^"Money bills – Glossary page".UK Parliament.Archivedfrom the original on 21 October 2013.Retrieved21 October2013.
  66. ^Twomey, Anne(12 April 2018).The Veiled Sceptre: Reserve Powers of Heads of State in Westminster Systems.Cambridge: Cambridge University Press. pp. 627–628.ISBN9781107056787.
  67. ^A member of the Middle Temple (1838),The Assembled Commons; or, Parliamentary Biographer, with an abstract of the law of election and the usages of Parliament,London: Scott, Webster and Geary, p. 271
  68. ^ab"Companion to the Standing Orders and guide to the Proceedings of the House of Lords".United Kingdom Parliament.Archivedfrom the original on 21 November 2007.Retrieved18 November2007.
  69. ^Quennell, Peter (1951). "History Today", Stanford University. p. 767.
  70. ^Royal Assent by Commission Act 1541(33 Hen.8 c. 21)
  71. ^abRichardson, Jessica J.,"Modernisation of Royal Assent in Canada"(PDF),Canadian Parliamentary Review,27(2),archived(PDF)from the original on 19 October 2013,retrieved17 October2013
  72. ^Robertson, James R. "Bill S-15: The Royal Assent ActArchived20 February 2015 at theWayback Machine".Library of Parliament, Canada, 2002. Retrieved 20 February 2015.
  73. ^"Companion to the Standing Orders and guide to the Proceedings of the House of LordsArchived14 March 2017 at theWayback Machine".The Stationery Office Ltd. Retrieved 11 April 2007.
  74. ^Anson's Law and Custom of the Constitution, 5th ed, 1922, Vol 1, p. 338
  75. ^HansardArchived16 October 2023 at theWayback Machine,7 April 1967, House of Commons, columns 7–25
  76. ^"The Crown Office (Forms and Proclamations Rules) Order 1992".The National Archives.2002.Archivedfrom the original on 5 October 2014.Retrieved30 August2014.
  77. ^ "Souvenir of the inauguration of the Australian Commonwealth, 1901Archived15 August 2007 at theWayback Machine".State Library of New South Wales, 2001. Retrieved 11 April 2007.
  78. ^Acts of Parliament (Commencement) Act 1793,UK Statute Law Database,archivedfrom the original on 10 May 2019,retrieved4 December2014
  79. ^HansardArchived16 October 2023 at theWayback Machine,House of Lords, 2 March 1967, column 1191
  80. ^abJournals of the Senate,Issue 92 (5 March 2002). Tenth Report of the Standing Committee on Rules, Procedures and the Rights of Parliament:Appendix A (Observations on Bill S-34)..Retrieved 14 August 2012.
  81. ^Senate of Canada 2015,p. 50
  82. ^Library of Parliament."Parliament > Officers and Officials of Parliament > Procedural Officers and Senior Officials > Senate".Queen's Printer for Canada. Archived fromthe originalon 1 December 2008.Retrieved19 May2009.
  83. ^ab"7 1st Session, 42nd Parliament, Issue 225".Senate of Canada,June 21, 2018. Retrieved 23 January 2021
  84. ^Senate of Canada 2015,p. 52
  85. ^"How does an Act become law? Assent".Government of the Netherlands.Archived fromthe originalon 27 November 2010.Retrieved15 March2010.
  86. ^"Abortion Act 1990"(PDF).Belgian official journal.Archived(PDF)from the original on 3 March 2016.Retrieved22 June2014.
  87. ^E.Witte, De liberalisering van de abortus-wetgeving in België (1970–1990), in: Rapporten en perspectieven
  88. ^"Japan's Emperor and Imperial Family".nippon.com.Archivedfrom the original on 24 January 2020.Retrieved2 February2020.
  89. ^The Constitution of JordanArchived26 April 2013 at theWayback Machine,Article 93. Retrieved 8 June 2009.
  90. ^"Loi du 12 mars 2009 portant révision de l'article 34 de la Constitution".legilux.public.lu.Archivedfrom the original on 2 July 2017.Retrieved29 May2017.
  91. ^"Luxembourg strips monarch of legislative role".The Guardian.London. 12 December 2008.Archivedfrom the original on 17 January 2018.Retrieved4 May2010.
  92. ^"Euthanasia Act 2009"(PDF).Luxembourg official journal. Archived fromthe original(PDF)on 13 March 2013.Retrieved22 June2014.
  93. ^ab"The ConstitutionArchived29 August 2011 at theWayback Machine".The Storting's Information Service. Retrieved 12 April 2012.
  94. ^"Don Juan Carlos, sobre el matrimonio gay: 'Soy el Rey de España y no el de Bélgica'".El Mundo(in Spanish). 13 May 2006.Archivedfrom the original on 29 March 2019.Retrieved8 January2007.
  95. ^"Disposiciones Generales"(PDF)(in Spanish). Boletin Oficial del Estado. 2 June 2005.Archived(PDF)from the original on 29 April 2019.Retrieved8 January2007.
  96. ^ "Constitution of the Kingdom of Tonga"(PDF).Archived fromthe original(PDF)on 19 January 2012.Retrieved10 January2012.
  97. ^ "Democracy at Work?"Archived22 November 2011 at theWayback Machine,Lopeti Senituli, Taimi Media Network, 17 November 2011
  98. ^"Houses slashes penalties for firearms offenses"[permanent dead link],Matangi Tonga, 14 October 2011
  99. ^"King withholds assent on lower firearms penalties"[permanent dead link],Matangi Tonga, 9 January 2012
  100. ^"Tonga king blocks arms amendment act"Archived21 March 2012 at theWayback Machine,Radio New Zealand International, 10 January 2012

Further reading

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