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The Ponsonby Rule was a constitutional convention in
United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
constitutional law Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in fe ...
that dictated that most international
treaties A treaty is a formal, legally binding written agreement between actors in international law. It is usually made by and between sovereign states, but can include international organizations, individuals, business entities, and other legal pers ...
had to be laid before
Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. Th ...
21 days before
ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
. On 11 November 2010, Part 2 of the
Constitutional Reform and Governance Act 2010 The Constitutional Reform and Governance Act 2010 (c. 25), or CRAG Act, is an Act of the Parliament of the United Kingdom on UK constitutional law which affected the civil service and the ratification of treaties, and made other significant c ...
was brought into force by a commencement order. It provides for the ratification of (non- EU) treaties and puts parliamentary scrutiny of treaties on a statutory footing. This changed the convention into a provision having legal force.


History

From the late 19th century it became the common practice to present the treaties of the United Kingdom to Parliament after they had come into force. On 1 April 1924, during the second reading debate on the Treaty of Peace (Turkey) Bill,
Arthur Ponsonby Arthur Augustus William Harry Ponsonby, 1st Baron Ponsonby of Shulbrede (16 February 1871 – 23 March 1946), was a British politician, writer, and social activist. He was the son of Sir Henry Ponsonby, Private Secretary to Queen Victoria and ...
(
Parliamentary Under-Secretary of State for Foreign Affairs The Parliamentary Under-Secretary of State for Foreign Affairs is a vacant junior position in the British government, subordinate to both the Secretary of State for Foreign Affairs and since 1945 also to the Minister of State for Foreign Affai ...
in
Ramsay MacDonald James Ramsay MacDonald (; 12 October 18669 November 1937) was a British politician who served as Prime Minister of the United Kingdom, the first who belonged to the Labour Party, leading minority Labour governments for nine months in 1924 ...
's first Labour Government) made the following statement: At the same time, he stated that: The Ponsonby Rule was withdrawn during the subsequent Baldwin Government, but was reinstated in 1929 and gradually hardened into a practice observed by all successive governments.


Other countries

The practice on legislative approval of treaties before
ratification Ratification is a principal's approval of an act of its agent that lacked the authority to bind the principal legally. Ratification defines the international act in which a state indicates its consent to be bound to a treaty if the parties inten ...
varies from country to country. In most countries, the constitution requires most treaties to be approved by the legislature before they can formally enter into force and bind the country in question. This is particularly the case in states where international treaties become part of domestic law directly, without the need for special implementation as required in the case of the United Kingdom. In countries with a strong
separation of powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typi ...
, this may lead to treaties being signed by the executive, but not being ratified because of legislative opposition. In the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
, the
president President most commonly refers to: *President (corporate title) * President (education), a leader of a college or university * President (government title) President may also refer to: Automobiles * Nissan President, a 1966–2010 Japanese ...
must submit treaties to the
Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...
for its advice and consent to ratification, which requires a two-thirds vote. A famous example of a treaty not receiving consent is the
Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1 ...
, which ended
World War I World War I (28 July 1914 11 November 1918), often abbreviated as WWI, was List of wars and anthropogenic disasters by death toll, one of the deadliest global conflicts in history. Belligerents included much of Europe, the Russian Empire, ...
, because of opposition to the
League of Nations The League of Nations (french: link=no, Société des Nations ) was the first worldwide intergovernmental organisation whose principal mission was to maintain world peace. It was founded on 10 January 1920 by the Paris Peace Conference th ...
. In
Australia Australia, officially the Commonwealth of Australia, is a sovereign country comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands. With an area of , Australia is the largest country by ...
, the opposite situation exists although the practical effect does not greatly differ. The executive (that is, the Australian Federal Government) may enter into a binding treaty without the involvement of Parliament. The
Department of Foreign Affairs and Trade The Department of Foreign Affairs and Trade (DFAT) is the department of the Australian federal government responsible for foreign policy and relations, international aid (using the branding Australian Aid), consular services and trade and ...
states "The power to enter into treaties is an executive power within Section 61 of the Australian Constitution and accordingly, is the formal responsibility of the Executive rather than the Parliament"See {{cite web , url=http://www.dfat.gov.au/treaties/making/making2.html , title=Australia and International Treaty Making , accessdate=2010-12-19 , url-status=dead , archiveurl=https://web.archive.org/web/20101216122431/http://dfat.gov.au/treaties/making/making2.html , archivedate=16 December 2010 , df=dmy-all ''Department of Foreign Affairs and Trade'' (accessed 19 December 2010) and discusses the issues surrounding this fact, including the way treaties are handled in practice (which does involve Parliament). Implementation of treaties does require legislation by federal parliament, following
Section 51(xxix) of the Australian Constitution Section 51(xxix) of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs". In recent years, most att ...
. Treaties must be signed by the
Governor-General of Australia The governor-general of Australia is the representative of the monarch, currently King Charles III, in Australia.Foreign, Commonwealth and Development Office The Foreign, Commonwealth & Development Office (FCDO) is a department of the Government of the United Kingdom. Equivalent to other countries' ministries of foreign affairs, it was created on 2 September 2020 through the merger of the Foreig ...
*
Constitution of the United Kingdom The constitution of the United Kingdom or British constitution comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no attemp ...


References


External links


Wayback Machine: FCO: the history of the Ponsonby Rule
Constitutional law Constitution of the United Kingdom Treaties of the United Kingdom Foreign relations of the United Kingdom