The legislative veto describes features of at least two different
forms of government
A government is the system or group of people governing an organized community, generally a state.
In the case of its broad associative definition, government normally consists of legislature, executive, and judiciary. Government is a m ...
,
monarchies
A monarchy is a form of government in which a person, the monarch, reigns as head of state for the rest of their life, or until abdication. The extent of the authority of the monarch may vary from restricted and largely symbolic (constitutio ...
and those based on the
separation of powers
The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...
, applied to the authority of the
monarch
A monarch () is a head of stateWebster's II New College Dictionary. "Monarch". Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest ...
in the first and to the authority of the
legislature
A legislature (, ) is a deliberative assembly with the legal authority to make laws for a political entity such as a country, nation or city on behalf of the people therein. They are often contrasted with the executive and judicial power ...
in the second.
In the case of monarchy, ''legislative veto'' describes the right of the ruler to nullify the actions of a legislative body, for example, the
French monarch's claim to the right to
veto
A veto is a legal power to unilaterally stop an official action. In the most typical case, a president (government title), president or monarch vetoes a bill (law), bill to stop it from becoming statutory law, law. In many countries, veto powe ...
actions of the
National Assembly
In politics, a national assembly is either a unicameral legislature, the lower house of a bicameral legislature, or both houses of a bicameral legislature together. In the English language it generally means "an assembly composed of the repr ...
at the start of the
French Revolution.
In a
parliamentary system
A parliamentary system, or parliamentary democracy, is a form of government where the head of government (chief executive) derives their Election, democratic legitimacy from their ability to command the support ("confidence") of a majority of t ...
with a
bicameral
Bicameralism is a type of legislature that is divided into two separate Deliberative assembly, assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate ...
legislature, it refers to the authority of the
upper chamber
An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. A legis ...
, like
Canada's Senate, to reject legislation or certain prescribed categories of legislation.
In the case of
representative governments that divide their
executive
Executive ( exe., exec., execu.) may refer to:
Role or title
* Executive, a senior management role in an organization
** Chief executive officer (CEO), one of the highest-ranking corporate officers (executives) or administrators
** Executive dir ...
and legislative functions, ''legislative veto'' refers to the power of a legislature, or one house of a bicameral legislature, to nullify an action of the executive authority.
The practice
''The Practice'' is an American legal drama television series created by David E. Kelley centering on partners and associates at a Boston law firm. The show ran for eight seasons on ABC, from March 4, 1997, to May 16, 2004. It won an Emmy i ...
was common for several decades in the United States at the
federal level until the
Supreme Court
In most legal jurisdictions, a supreme court, also known as a court of last resort, apex court, high (or final) court of appeal, and court of final appeal, is the highest court within the hierarchy of courts. Broadly speaking, the decisions of ...
ruled the practice
unconstitutional
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution; "Webster On Line" the status of a law, a procedure, or an act's accordance with the laws or set forth in the applic ...
in 1983 in ''
Immigration and Naturalization Service v. Chadha''.
In Germany, the term refers to the authority of the
Bundesrat, which represents the German states, to nullify certain categories of legislation enacted by the
Bundestag
The Bundestag (, "Federal Diet (assembly), Diet") is the lower house of the Germany, German Federalism in Germany, federal parliament. It is the only constitutional body of the federation directly elected by the German people. The Bundestag wa ...
, the nation's legislature.
References
See also
*
Legislative veto in the United States
The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in '' INS v. Chadha'' (1983). It is a provision wh ...
{{Authority control
Legislative legal terminology
Veto