ROYAL ASSENT or SANCTION is the method by which a country's monarch
(possibly through a delegated official) formally approves an act of
that nation's parliament. In certain nations, such assent makes the
act law (promulgation ) while in other nations assent is distinct from
promulgation. In the vast majority of contemporary monarchies, this
act is considered to be little more than a formality; even in those
nations which still permit their monarchs to withhold royal assent
(such as the United Kingdom,
* 1 Commonwealth realms
* 1.1 United Kingdom
* 1.1.1 Historical development
* 1.1.2 Devolved parliaments and assemblies
* 220.127.116.11 Scotland * 18.104.22.168 Wales * 22.214.171.124 Northern Ireland
* 1.1.3 Church of England Measures
* 1.1.4 British Crown dependencies
* 1.2 Other Commonwealth realms * 1.3 Development
* 1.4 Ceremony
* 1.4.1 United Kingdom
* 1.4.2 In the other Commonwealth realms
* 126.96.36.199 Australia * 188.8.131.52 Canada
* 2 Other countries
* 3 Presidential vetoes * 4 References * 5 External links * 6 Further reading
Before the Royal Assent by Commission Act of 1541 became law, assent was always required to be given by the sovereign in person before Parliament.
The last time royal assent was given by the sovereign in person was
in the reign of
The Act was repealed and replaced by the Royal Assent Act of 1967 . However section 1(2) of that Act does not prevent the sovereign from declaring assent in person if he or she so desires.
* the sovereign may grant royal assent, thereby making the bill an Act of Parliament . * the sovereign may delay the bill's assent through the use of his or her reserve powers in near-revolutionary situations, thereby vetoing the bill. * the sovereign may refuse royal assent on the advice of his or her ministers.
Under modern constitutional conventions, the sovereign acts on the advice of his or her ministers. 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, royal assent is always granted; a refusal to do so would be appropriate only in an emergency requiring the use of the monarch's reserve powers .
The sovereign does not have the power to withhold assent from a bill
against the advice of ministers. The last bill that was refused
assent by the sovereign (on the advice of ministers) was the Scottish
Originally, legislative power was exercised by the sovereign acting
on the advice of the _
Curia Regis _, or Royal Council, in which
important magnates and clerics participated and which evolved into
parliament. The so-called Model Parliament included among its members
bishops, abbots, earls, barons, and two knights from each shire and
two burgesses from each borough . In 1265, the Earl of Leicester
irregularly called a full parliament without royal authorisation. The
body eventually came to be divided into two branches: bishops, abbots,
earls, and barons formed the
House of Lords
The power of parliament to pass bills was often thwarted by monarchs.
Charles I dissolved parliament in 1629, after it passed motions
critical of and bills seeking to restrict his arbitrary exercise of
power. During the eleven years of personal rule that followed, Charles
performed legally dubious actions, such as raising taxes without
parliament's approval. After the
English 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. In 1678,
Charles II withheld his assent from a bill "for preserving the Peace
of the Kingdom by raising the Militia, and continuing them in Duty for
Two and Forty Days," suggesting that he, not parliament, should
control the militia . The last Stuart monarch, Anne , similarly
withheld on 11 March 1708, on the advice of her ministers, her assent
to a bill for the settling of
During the rule of the succeeding Hanoverian dynasty , power was gradually exercised more by parliament and the government. The first Hanoverian monarch, George I , relied on his ministers to a greater extent than had previous monarchs. Later Hanoverian monarchs attempted to restore royal control over legislation: George III and George IV both openly opposed Catholic Emancipation and asserted that to grant assent to a Catholic emancipation bill would violate the Coronation Oath , which required the sovereign to preserve and protect the established Church of England from 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. 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.
Devolved Parliaments And Assemblies
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To Our trusty and well beloved the members of the Scottish Parliament GREETING:
For as much as various Bills have been passed by the Scottish Parliament and have been submitted to Us for Our Royal Assent by the Presiding Officer of the Scottish Parliament in accordance with the Scotland Act 1998 the short Titles of which Bills are set forth in the Schedule hereto but those Bills by virtue of the Scotland Act 1998 do not become Acts of the Scottish Parliament nor have effect in the Law without Our Royal Assent signified by Letters Patent under Our Scottish Seal (that is Our Seal appointed by the Treaty of Union to be kept and used in Scotland in place of the Great Seal of Scotland) signed with Our own hand and recorded in the Register of the Great Seal We have therefore caused these Our Letters Patent to be made and have signed them and by them do give Our Royal Assent to those Bills COMMANDING ALSO the Keeper of Our Scottish Seal to seal these Our Letters with that Seal.
IN WITNESS WHEREOF we have caused these Our Letters to be made Patent.
WITNESS Ourself at ... the ... day of ... in the ... year of Our Reign. By The Queen Herself Signed with Her Own Hand.
Measures , which were the means by which the National Assembly for Wales passed legislation between 2006 and 2011, were assented to by the Queen by means of an Order in Council . Section 102 of the Government of Wales Act 2006 required the Clerk to the Assembly to present measures passed by the assembly after a four-week period during which the Counsel General for Wales or the Attorney General could refer the proposed measure to the Supreme Court for a decision as to whether the measure was within the assembly's legislative competence.
Following the referendum held in March 2011 , in which the majority
vote for the assembly's law-making powers to be extended, measures
were replaced by Acts of the Assembly . Similarly to Acts of the
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen Head of the Commonwealth Defender of the Faith To Our Trusty and well beloved the members of the National Assembly for Wales GREETING:
FORASMUCH as one or more Bills have been passed by the National
Assembly for Wales and have been submitted to Us for Our Royal Assent
by the Clerk of the
National Assembly for Wales
IN WITNESS WHEREOF we have caused these Our Letters to be made Patent.
WITNESS Ourself at ... the ... day of ... in the ... year of Our Reign. By The Queen Herself Signed with Her Own Hand.
The letters patent may also be made in Welsh .
Under section 14 of the
Northern Ireland Act 1998 , a bill which has
been approved by the
Northern Ireland Assembly is presented to the
Queen by the
Secretary of State for Northern Ireland for royal assent
after a four-week waiting period during which the
ELIZABETH THE SECOND by the Grace of God of the United Kingdom of Great Britain and Northern Ireland and of Our other Realms and Territories Queen, Head of the Commonwealth, Defender of the Faith, To the Members of the Northern Ireland Assembly GREETING:
WHEREAS you the Members of the Northern Ireland Assembly have passed a Bill the short title of which is set out in the Schedule hereto but the said Bill does not become an Act of the Northern Ireland Assembly without Our Royal Assent;
AND WHEREAS pursuant to the Northern Ireland Act 1998 the said Bill has been submitted to Us by one of Our Principal Secretaries of State for Our Royal Assent;
We have therefore caused these Our Letters Patent to be made and have signed them and by them We give Our Royal Assent to the said Bill COMMANDING the Clerk of the Crown for Northern Ireland to seal these Our Letters with the Great Seal of Northern Ireland AND ALSO COMMANDING that these Our Letters be notiﬁed to the Presiding Ofﬁcer of the Northern Ireland Assembly;
AND FINALLY WE declare that, in accordance with the Northern Ireland Act 1998, at the beginning of the day on which Our Royal Assent has been notiﬁed as aforesaid the said Bill shall become an Act of the Northern Ireland Assembly.
In Witness whereof We have caused these Our Letters to be made Patent
WITNESS Ourself at the day of in the year of Our Reign By the Queen Herself Signed with Her Own Hand.
Between 1922 and 1972, bills passed by the Parliament of Northern Ireland were passed to the Governor of Northern Ireland for royal assent under the Government of Ireland Act of 1920, replacing the office of Lord Lieutenant .
Church Of England Measures
British Crown Dependencies
The lieutenant governors of the Bailiwick of
The States of
The monarch of the United Kingdom, sitting in (together with members
of the Cabinet of the
Prime Minister of the United Kingdom of the day,
and who are also members of) the Privy Council , grants the equivalent
of the royal assent (under the formula, or other words to the effect:
_Her Majesty, having taken the report into consideration, was pleased,
by and with the advice of Her Privy Council, to approve and ratify
this Act (a copy of which is annexed to this Order) and to order that
it, together with this Order, shall be entered on the Register of the
The equivalent of the royal assent is formally granted or formally
refused on the formal advice of the Committee of Council for the
In 2011, campaigners against a law that sought to reduce the number
of senators in the states of
There is a proposal that the Lieutenant Governor of Guernsey should be granted the delegated power of granting the equivalent of the royal assent, formally from the monarch and the Privy Council, to enable laws to be granted formal approval within six weeks if no objection was raised, rather than having to formally refer every law for formal consideration in London and then formal approval also (usually) in London. "At present there is a situation where Channel Island law-making depends, ultimately, on the UK government of the day, unelected by the islands."
Isle Of Man
In 1981, an Order in Council delegated to the lieutenant governor the power to grant royal assent to bills passed by Tynwald . 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.
The above procedures are not sufficient to cause an Act of Tynwald to come into full force of law. By ancient custom, an Act did not come into force until it had been _promulgated_ at an open-air sitting of the Tynwald, historically held on Tynwald Hill at St John's on St John's Day (24 June), but, since the adoption of the Gregorian calendar in 1753, on 5 July (or on the following Monday if 5 July is a Saturday or Sunday). _Promulgation_ originally consisted of the reading of the Act in English and Manx ; but after 1865 the reading of the title of the Act and a summary of each section was sufficient. This was reduced in 1895 to the titles and a memorandum of the object and purport of the Act, and since 1988 only the short title and a summary of the long title have been read.
An emergency procedure enabling an Act to come into force at the same moment as the receipt of the equivalent of the royal assent, when it is being announced at an ordinary sitting of the Tynwald, subject to its being promulgated within 12 months, was introduced in 1916; since 1988, this has been the normal procedure, but an Act ceases to have effect unless promulgated within 18 months after the equivalent of the royal assent is announced in the Tynwald.
Since 1993, the Sodor and Man
Diocesan Synod of the Church of England
Province of York
British Overseas Territories
The governors (or the acting governors) of British overseas territories grant, or withhold or formally refuse the grant of, of their own _Governor's assent_, under their own official personal authority as governors, for "colonial" or local legislation. Although the governor's assent is also normally granted, this is altogether different in nature to the royal assent.
OTHER COMMONWEALTH REALMS
In Commonwealth realms other than the UK, royal assent is granted or withheld either by the realm's sovereign or, more frequently, by the representative of the sovereign, the governor-general . In federated realms, assent in each state, province, or territory is granted or withheld by the representatives of the sovereign. In Australia, this is the governors of the states , administrators of the territories, or the governor-general in the Australian Capital Territory . For Canada, this is the lieutenant governors of the provinces . A lieutenant governor may defer assent to the governor general, and the governor general may defer assent to federal bills to the sovereign.
Governor General of Canada
At both state and federal realms in Australia, assent is used as the means of enforcing a referendum that is required. This is done by providing that it will not be lawful to even submit the law for viceregal assent unless and until it has been approved by the required percentage of the voting populace at a referendum.
While royal assent has not been withheld in the United Kingdom since
1708, it has often been withheld in British colonies and former
colonies by governors acting on royal instructions. In the United
States Declaration of Independence , colonists complained that George
III "has refused his Assent to Laws, the most wholesome and necessary
for the public good 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." Even after colonies such as
Canada, Australia, New Zealand, the
Union of South Africa
Since the Balfour Declaration of 1926 and the _Statute 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 by Alberta\'s lieutenant governor , John C. Bowen , in 1937, in respect of three bills passed in the legislature dominated by William Aberhart 's Social Credit party. Two bills sought to put banks under the authority of the province, thereby interfering with the federal government's powers. The third, the Accurate 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 the Supreme Court of Canada and by the Judicial Committee of the Privy Council .
In Australia, a technical issue arose with the royal assent in both 1976 and 2001. In 1976, a bill originating in the House of Representatives was 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 which arose in 2001.
_ Start of the parchment roll of the
Reform Act 1832
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. Officially, assent is granted by the sovereign or by Lords Commissioners authorised to act by letters patent . It may be granted in parliament or outside parliament; in the latter case, each house must be separately notified before the bill takes effect.
The Clerk of the Parliaments, an official of the House of Lords, traditionally states a formula in Anglo-Norman Law French , indicating the sovereign's decision. The granting of royal assent to a supply bill is indicated with the words "La Reyne remercie ses bons sujets, accepte leur benevolence, et ainsi le veult", translated as "The Queen thanks her good subjects, accepts their bounty, and wills it so." For other public or private bills , the formula is simply "La Reyne le veult " ("the Queen wills it"). For personal bills , the phrase is "Soit fait comme il est désiré" ("let it be as it is desired"). The appropriate formula for withholding assent is the euphemistic "La Reyne s'avisera" ("the Queen will consider it"). When the sovereign is male, _Le Roy_ is substituted for _La Reyne_.
Before the reign of Henry VIII, the sovereign always granted his or her assent in person. The sovereign, wearing the Imperial State Crown , would be seated on the throne in the Lords chamber, surrounded by heralds and members of the royal court—a scene that nowadays is repeated only at the annual State Opening of Parliament . The Commons, led by their speaker , 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. Henry VIII introduced a new method of granting royal assent.
A new device for granting assent was created during the reign of King
Henry 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 a bill 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".
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.
The procedure was used only five times during the 16th century, but
more often during the 17th and 18th centuries, especially when George
III's health began to deteriorate.
When granting assent by commission, the sovereign authorises three or more (normally five) lords who are Privy Counsellors to declare assent in his or her name. The Lords Commissioners , as the monarch's representatives are known, wear scarlet parliamentary robes and sit on a bench between the throne and the Woolsack . The Lords Reading Clerk reads the commission aloud; the senior commissioner then states, "My Lords, in obedience to Her 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 Her Majesty has given Her Royal Assent to the several Acts in the Commission mentioned."
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 the Black Rod arrived 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, the Royal Assent Act 1967 was 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." The granting of assent by the monarch in person, or by commission, is still possible, but this third form is used on a day-to-day basis.
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. 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, 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...").
When the act is assented to by the sovereign in person, or by empowered Royal Commissioners, royal assent is considered given at the moment when the assent is declared in the presence of both houses jointly assembled. When the procedure created by the Royal Assent Act 1967 is followed, assent is considered granted when the presiding officers of both houses, having received the letters patent from the king or queen signifying the assent, have notified their respective house of the grant of royal assent. Thus, if each presiding officer makes the announcement at a different time (for instance because one house is not sitting on a certain date), assent is regarded as effective when the second announcement is made. This is important because, under British Law, unless there is any provision to the contrary, an act takes effect on the date on which it receives royal assent and that date is not regarded as being the date when the letters patent are signed, or when they are delivered to the presiding officers of each house, but the date on which both houses have been formally acquainted of the assent.
Independently of the method used to signify royal assent, it is the responsibility of the Clerk 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. 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. When an act is published, the signature of the clerk is omitted, as is the Norman French formula, should the endorsement have been made in writing. However, the date on which the assent was notified is printed in brackets.
In The Other Commonwealth Realms
In Commonwealth realms, assent may be granted by the sovereign in person, by the governor-general in person, or by a deputy acting for the governor-general. In all of the realms, however, assent is more often granted or signified outside the legislature, with each house being notified separately.
In Australia, the formal ceremony of granting assent in parliament has not been regularly used since the early 20th century. Now, the bill is sent to the governor-general's residence by the house in which it originated. The governor-general then signs the bill, sending messages to the president of the Senate and the speaker of the House of Representatives, who notify their respective houses of the governor-general's action. A similar practice is followed in New Zealand, where the governor-general has not granted the Royal Assent in person in parliament since 1875.
The Usher of the Black Rod (then Kevin McLeod ) is a key element of the Royal Assent ceremony.
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 King George VI personally assented to nine bills of the Canadian parliament during his 1939 tour of Canada —85 years after his great-grandmother, Queen Victoria , had last granted royal assent personally in the United Kingdom. Under the Royal Assent Act 2002, however, the alternative practice of granting assent in writing, with each house being notified separately (the Speaker of the Senate or a representative reads to the senators the letters from the governor general regarding the written declaration of Royal Assent ), was brought into force. As the act also provides, royal assent is to be signified—by the governor general, or, more often, by a deputy, usually a Justice of the Supreme Court , at least twice each calendar year: for the first appropriation measure and for at least one other act, usually the first non-appropriation measure passed. However, the act provides that a grant of royal assent is not rendered invalid by a failure to employ the traditional ceremony where required.
The Royal Assent ceremony takes place in the Senate , as the sovereign is traditionally barred from the House of Commons. On the day of the event, the Speaker of the Senate will read to the chamber a notice from the secretary to the governor general indicating 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. The Usher of the Black Rod is then commanded by the speaker to summon the members of parliament, who follow Black Rod back to the Senate, the Sergeant-at-Arms carrying 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 appropriations bills). Once the list of bills is complete, the Clerk of the Senate states: "in Her Majesty's name, His Excellency the Governor General doth assent to these bills." If there are any appropriation 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 Her Majesty's name, His Excellency the Governor General thanks her loyal subjects, accepts their benevolence and assents to these bills." The governor general or his or her deputy then depart parliament.
In some monarchies—such as
According to Article 109 of the constitution: "The King _sanctions_ and _promulgates_ laws". In Belgium, the royal assent is called _sanction royale_ / _koninklijke bekrachtiging_ (Royal Sanction), and is granted by the King signing the proposed statute. 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, when King Baudouin advised his cabinet he could not, in conscience, sign a bill decriminalising abortion (a refusal patently not covered by a responsible minister), the Council 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". In a joint meeting, both houses of parliament declared the King capable of exercising his powers again the next day.
The constitution of
According to Article 9 of the Constitution of Liechtenstein , "every law shall require the sanction of the Reigning Prince to attain legal force." Liechtenstein allows its monarch to withhold royal assent of his own will. When Prince Hans Adam II , in an unprecedented move for the constitutional monarchy, refused to give royal assent to a bill legalising abortion, he pushed for a bill to give him sweeping powers in the government beyond only ceremonial matters, including the power to appoint judges. The bill passed and the Prince now has many additional powers, including the power to withhold royal assent on his own accord.
While Article 34 of the constitution of
Aan de Tweede Kamer der Staten-Generaal
Wij bieden U hiernevens ter overweging aan een voorstel van wet houdende in verband met De memorie van toelichting (en bijlagen) die het wetsvoorstel vergezelt, bevat de gronden waarop het rust. En hiermede bevelen Wij U in Godes heilige bescherming. .
To the Second Chamber of the States General
Herewith We offer to You for consideration a proposal of law containing in relation to The explanatory memorandum (and addenda) that accompanies the proposal of law, contains the grounds on which it is based. And herewith We command You in God's holy protection. .
After the House of Representatives has debated the law, it either approves it and sends it to the Senate with the text "The Second Chamber of the States General sends the following approved proposal of law to the First Chamber", or it rejects it and returns it to the government with the text "The Second Chamber of the States General has rejected the accompanying proposal of law." If the upper house then approves the law, it sends it back to the government with the text "To the King, The States General have accepted the proposal of law as it is offered here."
The government, consisting of the monarch and the ministers, will then usually approve the proposal and the sovereign and one of the ministers signs the proposal with the addition of an enacting clause , thereafter notifying the States General that "The King assents to the proposal." It has happened in exceptional circumstances that the government does not approve a law that has been passed in parliament. In such a case, neither the monarch nor a minister will sign the bill, notifying the States General that "The King will keep the proposal under advisement." A law that has received royal assent will be published in the State Magazine, with the original being kept in the archives of the King's Offices.
Articles 77–79 of the
Norwegian Constitution specifically grant the
In Part II of the 1978 Spanish constitution , among provisions concerning the Crown, Article 62(a) invests the _sanction_ (i.e. Royal Assent) and _promulgation_ of laws with the monarch 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 the president of the government (commonly referred to in English as the prime minister) and the authorisation of the cortes.
No provision within the constitution grants the monarch an ability to
veto legislation directly; however, no provision prohibits the
sovereign from withholding royal assent, which effectively constitutes
a veto. When the Spanish media asked King Juan Carlos if he would
endorse the bill legalising same-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 King Baudouin I of
If the Spanish monarch ever refused in conscience to grant royal assent, a procedure similar to the Belgian handling of King Baudouin's objection would not be possible under the current constitution. If the sovereign were ever declared incapable of discharging royal authority, his or her powers would not be transferred to the Cabinet, pending the parliamentary appointment of a regency. Instead, the constitution mandates the next person of age in the line of succession would immediately become regent. Therefore, had Juan Carlos followed the Belgian example in 2005 or 2010, a declaration of incapacity would have transferred power to Felipe , then the heir apparent.
Articles 41 and 68 of the constitution empower the sovereign to
withhold royal assent from bills adopted by the Legislative Assembly .
In 2010, the kingdom moved towards greater democracy, with King
George Tupou V
In certain republican constitutions, royal assent has developed into the possibility of a _presidential veto_, such as in the United States of America or in several European countries .
Erskine May ,
Parliamentary Practice (19th ed.), p. 564. This
was also the last occasion on which Parliament was prorogued by the
monarch in person (ibid, at p. 261).
Francis Bennion , Modern Royal Assent Procedure at Westminster.
* ^ Thomas Erskine May\'s
Parliamentary Practice , page 373, 2nd
* ^ Gay, Oonagh, Maer, Lucinda (30 December 2009). "The Royal
Prerogative" (PDF). House of Commons Library. Retrieved 26 August
2014. CS1 maint: Multiple names: authors list (link )
* ^ _A_ _B_ _C_ Bennion, Francis (November 1981). "Modern Royal
Assent Procedure at Westminster" (PDF). _Statute Law Review_. 3 (2):
* ^ See Erskine May\'s ,
Parliamentary Practice (19th ed.), p. 562:
"from that sanction they cannot be legally withheld."
* ^ See 2 Hats. 339. 13 Lords' Journals, p.756, 3 Lord Campbell's
Lives of the Chancellors, 354. 2 Burnet's Own Time, 274.
* ^ Lords' Journals (1705–1709) p. 506
* ^ Pollard, A. F. (1920). _The Evolution of Parliament_. New York:
Longmans, Green and Co. pp. 36–45.
* ^ Barzel, Yoram; Kiser, Edgar (1997). "The Development and
Decline of Medieval Voting Institutions: A Comparison of England and
France". _Economic Inquiry_: 252.
* ^ Sayles, G. O. (1974). _The King's Parliament of England_. New
York: W. W. Norton. pp. 106–107.
* ^ "House of Lords". _politics.co.uk_. Retrieved 9 December 2011.
* ^ "Charles I (r. 1625–49)". Royal Household at Buckingham
Palace. Retrieved 12 April 2007.
* ^ "
House of Lords