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Ratification is a
principal Principal may refer to: Title or rank * Principal (academia) The principal is the chief executive and the chief academic officer of a university A university ( la, universitas, 'a whole') is an educational institution, institution of higher ...
's approval of an act of its
agent Agent may refer to: Espionage, investigation, and law *, spies or intelligence officers * Law of agency, laws involving a person authorized to act on behalf of another ** Agent of record, a person with a contractual agreement with an insuran ...
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 intended to show their consent by such an act. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the
depositary In international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relations between nations. It establishes normative guidelines and a common conceptu ...
to collect the ratifications of all states, keeping all parties informed of the situation. The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty. The term applies to private
contract law A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; ...
, international
treaties A treaty is a formal, legally binding written agreement between actors in international law International law, also known as public international law and law of nations, is the set of rules, norms, and standards generally accepted in relati ...

treaties
, and
constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

constitution
s in
federal states A federation (also known as a federal state) is a political entity characterized by a union of partially self-governing provinces, states, or other regions under a central federal government (federalism Federalism is a mixed or compou ...

federal states
such as 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., ...

United States
and
Canada Canada is a country in the northern part of North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean, Atlantic to the Pacific Ocean, Pacific and northward into the Arctic Oce ...

Canada
. The term is also used in
parliamentary procedure Parliamentary procedure is the accepted rules Rule or ruling may refer to: Human activity * The exercise of political Politics (from , ) is the set of activities that are associated with Decision-making, making decisions in Social grou ...
in deliberative assemblies.


Private law

In
contract law A contract is a legally binding agreement that defines and governs the rights and duties between or among its parties Image:'Hip, Hip, Hurrah! Artist Festival at Skagen', by Peder Severin Krøyer (1888) Demisted with DXO PhotoLab Clearview; ...
, the need for ratification can arise in two ways: if the agent attempts to bind the principal despite lacking the authority to do so; and if the principal authorizes the agent to make an agreement, but reserves the right to approve it. An example of the former situation is an employee not normally responsible for procuring supplies contracting to do so on the employer's behalf. The employer's choice on discovering the contract is to ratify it or to repudiate it. The latter situation is common in
trade union A trade union (or a labor union in American English), often simply referred to as a union, is an organization of workers who have come together to achieve common goals, such as protecting the integrity of their trade, improving safety standard ...
collective bargaining agreements Collective bargaining is a process of negotiation between employers and a group of employees aimed at agreements to regulate working salaries, working conditions, benefits, and other aspects of workers' compensation and rights for workers. The int ...
. The union authorizes one or more people to negotiate and sign an agreement with management. A collective bargaining agreement can not become legally binding until the union members ratify the agreement. If the union members do not approve it, the agreement is void, and negotiations resume.


Ratification of an international treaty

The ratification of international treaties is always accomplished by filing instruments of ratification as provided for in the treaty. In most democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures by passing a bill.


Australia

In
Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the Australia (continent), Australian continent, the island of Tasmania, and numerous List of islands of Australia, sma ...

Australia
, power to enter into treaties is an executive power within Section 61 of the Australian Constitution so the
Australian Government The Australian Government, also known as the Commonwealth Government, is the national government of Australia Australia, officially the Commonwealth of Australia, is a Sovereign state, sovereign country comprising the mainland of the ...
may enter into a binding treaty without seeking parliamentary approval. Nevertheless, most treaties are tabled in parliament for between 15 and 20 joint sitting days for scrutiny by the Joint Standing Committee on Treaties, and if implementation of treaties requires legislation by the
Australian parliament The Parliament of Australia (officially the Federal Parliament, also called the Commonwealth Parliament) is the legislative branch A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind o ...
, this must be passed by both houses prior to ratificatio


India

The President of India, President makes a treaty in exercise of his executive power, on the aid and the advice of the Council of Ministers headed by the
Prime Minister A prime minister or a premier is the head of the cabinet Cabinet or The Cabinet may refer to: Furniture * Cabinetry, a box-shaped piece of furniture with doors and/or drawers * Display cabinet, a piece of furniture with one or more transpar ...

Prime Minister
, and no court of law in India may question its validity. However, no agreement or treaty entered into by the president is enforceable by the courts which is incompatible with Indian constitution/ national law, as India follows dualist theory for the implementation of international laws. If the
Parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
wishes to codify the agreement entered into by the executive thereby making it enforceable by the courts of India, it may do so under Article 253 of the constitution.


Japan

In
Japan Japan ( ja, 日本, or , and formally ) is an island country An island country or an island nation is a country A country is a distinct territory, territorial body or political entity. It is often referred to as the land of an in ...

Japan
, in principle both houses of the parliament (the
National Diet The is Japan , image_flag = Flag of Japan.svg , alt_flag = Centered deep red circle on a white rectangle , image_coat = Imperial Seal of Japan.svg , alt_coat = Go ...
) must approve the treaty for ratification. If the
House of Councilors The is the upper house of the National Diet The is Japan , image_flag = Flag of Japan.svg , alt_flag = Centered deep red circle on a white rectangle , image_coat = Imperial Seal ...
rejects a treaty approved by the
House of Representatives House of Representatives is the name of legislative bodies A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure is ...
, and a joint committee of both houses cannot come to agreement on amendments to the original text of the treaty, or the House of Councilors fails to decide on a treaty for more than thirty days, the House of Representatives the will be regarded as the vote of the National Diet approving the ratification. The approved treaty will then be promulgated into law by the act of the
Emperor An emperor (from la, imperator The Latin word "imperator" derives from the stem of the verb la, imperare, label=none, meaning 'to order, to command'. It was originally employed as a title roughly equivalent to ''commander'' under the Roma ...
.


United Kingdom

Treaty ratification is a
royal prerogative The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law In law, common law (also known as judicial precedent or judge-made law, or case law) is the body of law created by judges and similar quasi- ...
, exercised by the monarch on the advice of the government. By a convention called the
Ponsonby Rule 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,Usage is mixed. The Guardian' and Telegraph' use Britain as ...
, treaties were usually placed before
Parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...

Parliament
for 21 days before ratification, but Parliament has no power to veto or to ratify. The Ponsonby Rule was put on a statutory footing by Part 2 of the
Constitutional Reform and Governance Act 2010 The Constitutional Reform and Governance Act 2010 (c. 25) is an Act of Parliament, Act of the Parliament of the United Kingdom on UK constitutional law which affected the civil service and the ratification of treaty, treaties, and made other signif ...
.


United States

Treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate, but the treaty must be advised and consented to by a
two-thirds vote A supermajority, supra-majority, qualified majority, or special majority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of more than one-half used for a majority A majority, also calle ...
in the
Senate The Curia Julia in the Roman Forum ">Roman_Forum.html" ;"title="Curia Julia in the Roman Forum">Curia Julia in the Roman Forum A senate is a deliberative assembly, often the upper house or Debating chamber, chamber of a bicameral legislatu ...
. Only after the Senate approves the treaty can the President ratify it. Once it is ratified, it becomes binding on all the states under the
Supremacy Clause The Supremacy Clause of the Constitution of the United States The Constitution of the United States is the supreme law A constitution is an aggregate of fundamental principles or established precedents that constitute the lega ...
. While the
House of Representatives House of Representatives is the name of legislative bodies A legislature is a deliberative assembly A deliberative assembly is a gathering of members (of any kind of collective) who use parliamentary procedure Parliamentary procedure is ...
does not vote on it at all, the supermajority requirement for the Senate's advice and consent to ratification makes it considerably more difficult to rally enough political support for international treaties. Also, if implementation of the treaty requires the expenditure of funds, the House of Representatives may be able to block or at least impede such implementation by refusing to vote for the appropriation of the necessary funds. The President usually submits a treaty to the
Senate Foreign Relations Committee The United States Senate Committee on Foreign Relations is a standing committee A committee or commission is a body of one or more persons subordinate to an assembly. A committee is not itself considered to be a form of assembly. Usually, the ...

Senate Foreign Relations Committee
(SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession), the treaty is then forwarded to the floor of the full Senate for such a vote. The treaty or legislation does not apply until it has been ratified. A multilateral agreement may provide that it will take effect upon its ratification by less than all of the signatories. Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification, for treaties already negotiated and signed by other states. An example of a treaty to which the Senate did not advise and consent to ratification is the
Treaty of Versailles The Treaty of Versailles (french: Traité de Versailles; german: Versailler Vertrag, ) was the most important of the peace treaties A peace treaty is an agreement between two or more hostile parties, usually countries or government ...
, which failed to garner support because of the
Covenant of the League of Nations The Covenant of the League of Nations was the charter A charter is the grant of authority In the fields of sociology Sociology is the study of society, human social behaviour, patterns of social relationships, social interaction, and ...
. The US can also enter into international agreements by way of executive agreements. They are not made under the Treaty Clause and do not require approval by two-thirds of the Senate. Congressional-executive agreements are passed by a majority of both houses of Congress as a regular law. If the agreement is completely within the President's constitutional powers, it can be made by the President alone without Congressional approval, but it will have the force of an executive order and can be unilaterally revoked by a future President. All types of agreements are treated internationally as "treaties". See Foreign policy of the United States#Law.


Ratification of a constitution

Federations usually require the support of both the federal government and some given percentage of the constituent governments for amendments to the federal constitution to take effect.


Ratification in the Constitution of India

Not all constitutional amendments in India require ratification by the states. Only constitutional amendments that seek to make any change in any of the provisions mentioned in the proviso to Article 368 of the Constitution of India, must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning the federal structure or of common interest to both the Union and the States viz., the election of the President (articles 54 and 55); the extent of the executive power of the Union and the States (Articles 73 and 162); the High Courts for Union territories (Article 241); The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI); the distribution of legislative powers between the Union and the States (Chapter I of Part XI and Seventh Schedule); the representation of States in Parliament; and the provision for amendment of the Constitution laid down in Article 368. Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before the amending Bill is presented to the President for his assent. However, when the treaty terms are interfering with the powers exclusively applicable to states (
State List The State List or List-II is a list of 61 items. Initially there were 66 items in the list in Schedule Seven to the Constitution of India The Constitution of India (IAST The International Alphabet of Sanskrit Transliteration (IAST) is a ...
), prior ratification of all applicable states are to be obtained per Article 252 of the Indian constitution before the ratification by the
Parliament In modern politics and history, a parliament is a legislative A legislature is an assembly Assembly may refer to: Organisations and meetings * Deliberative assembly A deliberative assembly is a gathering of members (of any kind of ...
.


Ratification in the United States Constitution

Article VII of the
Constitution A constitution is an aggregate of fundamental principles A principle is a proposition or value that is a guide for behavior or evaluation. In law, it is a rule Rule or ruling may refer to: Human activity * The exercise of political ...

Constitution
of 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., ...

United States
describes the process by which the entire document was to become effective. It required that conventions of nine of the thirteen original
States State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), ''The State'' (newspaper), a daily newspaper in Columbia, South Carolina, Un ...
ratify the Constitution. If fewer than thirteen states ratified the document, it would become effective only among the states ratifying it.
New Hampshire New Hampshire ( ) is a U.S. state, state in the New England region of the United States. It is bordered by Massachusetts to the south, Vermont to the west, Maine and the Gulf of Maine to the east, and the Canadian province of Quebec to the nor ...

New Hampshire
was the ninth state to ratify, doing so on June 21, 1788, but, as a practical matter, it was decided to delay implementation of the new government until
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * New ...
and
Virginia Virginia (), officially the Commonwealth of Virginia, is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), '' ...

Virginia
could be persuaded to ratify. Congress intended that
New York City New York, often called New York City to distinguish it from New York State New York is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of ...

New York City
should be the first capital, and that
George Washington George Washington (February 22, 1732, 1799) was an American soldier, statesman, and Founding Fathers of the United States, Founding Father who served as the first President of the United States from 1789 to 1797. Appointed by the Continenta ...

George Washington
, of
Mount Vernon Mount Vernon is an American landmark and former plantation of George Washington, the first President of the United States The president of the United States (POTUS) is the head of state and head of government of the United States of Ame ...

Mount Vernon
,
Virginia Virginia (), officially the Commonwealth of Virginia, is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), '' ...

Virginia
, should be the first President, and both of those things would have been somewhat awkward if either
New York New York most commonly refers to: * New York City, the most populous city in the United States, located in the state of New York * New York (state), a state in the northeastern United States New York may also refer to: Film and television * New ...
or
Virginia Virginia (), officially the Commonwealth of Virginia, is a state State may refer to: Arts, entertainment, and media Literature * ''State Magazine'', a monthly magazine published by the U.S. Department of State * The State (newspaper), '' ...

Virginia
were not part of the new government. Ratification by those states was secured—Virginia on June 25 and New York on July 26—and the government under the Constitution began on March 4, 1789. For
subsequent amendments {{Short pages monitor