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The single-subject rule is a rule in the
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 ...
of some jurisdictions that stipulates that some or all types of
legislation Legislation is the process or result of enrolling, enacting, or promulgating laws by a legislature, parliament, or analogous governing body. Before an item of legislation becomes law it may be known as a bill, and may be broadly referred to ...
may deal with only one main issue. One purpose is to avoid complexity in acts, to avoid any hidden provisions that
legislator A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for ex ...
s or
voter Voting is a method by which a group, such as a meeting or an electorate, can engage for the purpose of making a collective decision or expressing an opinion usually following discussions, debates or election campaigns. Democracies elect holde ...
s may miss when reading the proposed
law Law is a set of rules that are created and are enforceable by social or governmental institutions to regulate behavior,Robertson, ''Crimes against humanity'', 90. with its precise definition a matter of longstanding debate. It has been vario ...
. Another is to prevent legislators attaching an unpopular provision (" rider") to an unrelated popular one, whether in the hope of sneaking the unpopular one through, or in the hope of causing the popular one to be rejected (a type of
wrecking amendment In legislative debate, a wrecking amendment (also called a poison pill amendment or killer amendment) is an amendment made by a legislator who disagrees with the principles of a bill and who seeks to make it useless (by moving amendments to either ...
).


Scope of a bill

In English law, the
long title In certain jurisdictions, including the United Kingdom and other Westminster-influenced jurisdictions (such as Canada or Australia), as well as the United States and the Philippines, primary legislation has both a short title and a long title. The ...
of a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
or
act of parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...
states its purpose; this may enumerate multiple purposes, or end with a vague formula like "and for other purposes". A proposed amendment to a bill may be rejected if it is outside the scope defined in its long title; alternatively, the title may be amended to increase its scope. An
omnibus bill An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. ''Omnibus'' is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a ...
covers a number of diverse or unrelated topics.


By country


Australia

Section 55 of the Constitution of Australia The constitutional basis of taxation in Australia is predominantly found in sections 51(ii), Legislative powers of the Parliament. 90, Exclusive power over customs, excise, and bounties. 53, Powers of the Houses in respect of legislation. 55, Tax ...
provides a single-subject rule for taxation legislation: "Laws imposing taxation shall deal only with the imposition of taxation, and any provision therein dealing with any other matter shall be of no effect". The same section also requires laws imposing taxation to "deal with one subject of taxation only" (except those relating to customs and excise).


Ireland

The 1937
Constitution of Ireland The Constitution of Ireland ( ga, Bunreacht na hÉireann, ) is the fundamental law of Ireland. It asserts the national sovereignty of the Irish people. The constitution, based on a system of representative democracy, is broadly within the traditi ...
states that "A Bill containing a proposal or proposals for the amendment of this Constitution shall not contain any other proposal". This was in contrast to the 1922
Constitution of the Irish Free State The Constitution of the Irish Free State ( ga, Bunreacht Shaorstát Eireann) was adopted by Act of Dáil Éireann sitting as a constituent assembly on 25 October 1922. In accordance with Article 83 of the Constitution,implicitly amended.


Sweden

The Parliamentary Act ( sv, Riksdagsordningen) states that "proposals on different subjects may not be combined in one motion".


Switzerland

In
Swiss law Swiss law is a set of rules which constitutes the law in Switzerland. Structure and Sources There is a hierarchy of political levels which reflects the legal and constitutional character of Switzerland. The Federal law (german: Bundesrecht, f ...
, the "principle of the unity of the subject matter" (german: Grundsatz der Einheit der Materie, french: principe de l'unité de la matière, it, principio dell'unità della materia) applies to
federal popular initiative In Switzerland, a popular initiative (German: ''Volksinitiative'', French: ''Initiative populaire'', Italian: ''Iniziativa popolare'', Romansh: ''Iniziativa dal pievel'') allows the people to suggest law on a national, cantonal, and municipal ...
s and to parliamentary legislation that is subject to a referendum. It has been derived by the Swiss Federal Supreme Court from the provision in article 34, section 2 of the Swiss Federal Constitution which guarantees "the freedom of the citizen to form an opinion and to give genuine expression to his or her will" in the exercise of political rights. The Court has outlined the principle as follows: :"The principle of the unity of the subject matter requires that the subject of a referendum may, in principle, have only one topic area as its subject, that is, that two or several substantive questions or subject matters may not be joined into one referendum proposition in such a way that the voters face a dilemma and do not have a free choice between the several parts. If an item of legislation addresses several substantive questions or subject matters, the unity of the subject matter is only preserved if the several parts have a material intrinsic connection with each other, are materially related to each other and are aimed at the same goal; this material connection may not be merely artificial, subjective or political in nature. (...) Because the concept of the unity of the subject matter is a relative one, and because the weight given to the several parts of a legislative proposition and their relationship to each other is principally a political question, the authorities enjoy wide discretion in the shaping of referendum propositions."


United States

The single subject rule exists in 43 state constitutions 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 primarily located in North America. It consists of 50 states, a federal district, five major unincorporated territori ...
. 41 states apply the rule to all legislation, whereas Mississippi and Arkansas apply it only to appropriations bills. For example, the constitution of Minnesota, Article IV, Section 17, requires that "No law shall embrace more than one subject, which shall be expressed in its title." Conversely, neither the
U.S. Congress The United States Congress is the legislature of the federal government of the United States. It is bicameral, composed of a lower body, the House of Representatives, and an upper body, the Senate. It meets in the U.S. Capitol in Washin ...
nor the
U.S. Constitution The Constitution of the United States is the supreme law of the United States of America. It superseded the Articles of Confederation, the nation's first constitution, in 1789. Originally comprising seven articles, it delineates the nation ...
has such a rule so riders which are completely unrelated to the main
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
are commonplace. These
amendments An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
are often put into bills at the last minute, so that any
representative Representative may refer to: Politics * Representative democracy, type of democracy in which elected officials represent a group of people * House of Representatives, legislative body in various countries or sub-national entities * Legislator, som ...
who may read the legislation before actually voting on it will not have a chance to catch it. An effort is underway, however, to add a single subject amendment to the U.S. Constitution to apply a single subject rule to the Congress. It has been charged that single-subject rules have been misused as a political or judicial measure to slow or nullify ballot initiatives. An example of accusation of misuse of this law occurred in
Colorado Colorado (, other variants) is a state in the Mountain states, Mountain West subregion of the Western United States. It encompasses most of the Southern Rocky Mountains, as well as the northeastern portion of the Colorado Plateau and the wes ...
when a former governor made a statement against a single-subject ruling. The rule can also result in overly narrow questions, that result in no substantial effects. In July 2006, the Georgia Supreme Court ruled that a November 2004
amendment An amendment is a formal or official change made to a law, contract, constitution, or other legal document. It is based on the verb to amend, which means to change for better. Amendments can add, remove, or update parts of these agreements. The ...
to the constitution of Georgia against
same-sex marriage Same-sex marriage, also known as gay marriage, is the marriage of two people of the same sex or gender. marriage between same-sex couples is legally performed and recognized in 33 countries, with the most recent being Mexico, constituting ...
would be allowed to stand, despite also banning recognition of same-sex marriages done in other states, and banning
civil union A civil union (also known as a civil partnership) is a legally recognized arrangement similar to marriage, created primarily as a means to provide recognition in law for same-sex couples. Civil unions grant some or all of the rights of marriage ...
s. Additionally, voters in the
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
were told of only the same-sex marriage question, while the
ballot A ballot is a device used to cast votes in an election and may be found as a piece of paper or a small ball used in secret voting. It was originally a small ball (see blackballing) used to record decisions made by voters in Italy around the 16 ...
failed to mention the other two issues, preventing voters from giving fully informed consent. A judge had previously ruled that voters had the right to decide the issue of civil unions separately, thus putting the two issues as one violated Georgia's single-subject rule.


See also

*
Omnibus bill An omnibus bill is a proposed law that covers a number of diverse or unrelated topics. ''Omnibus'' is derived from Latin and means "to, for, by, with or from everything". An omnibus bill is a single document that is accepted in a single vote by a ...
* Poison pill amendment *
Rider (legislation) In legislative procedure, a rider is an additional provision added to a bill or other measure under the consideration by a legislature, having little connection with the subject matter of the bill. Some scholars identify riders as a specific form ...


References

{{DEFAULTSORT:Single-Subject Rule Constitutional law Statutory law