Promulgation is the formal proclamation or the declaration that a new
statutory
A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...
or
administrative law
Administrative law is a division of law governing the activities of government agency, executive branch agencies of government. Administrative law includes executive branch rulemaking (executive branch rules are generally referred to as "regul ...
is enacted after its final
approval. In some
jurisdiction
Jurisdiction (from Latin 'law' and 'speech' or 'declaration') is the legal term for the legal authority granted to a legal entity to enact justice. In federations like the United States, the concept of jurisdiction applies at multiple level ...
s, this additional step is necessary before the law can take effect.
After a new law is approved, it is announced to the public through the publication of
government gazette
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establish ...
s and/or on official government bulletins. National laws of extraordinary importance to the public may be announced by the
head of state
A head of state is the public persona of a sovereign state.#Foakes, Foakes, pp. 110–11 "he head of state
He or HE may refer to:
Language
* He (letter), the fifth letter of the Semitic abjads
* He (pronoun), a pronoun in Modern English
* He (kana), one of the Japanese kana (へ in hiragana and ヘ in katakana)
* Ge (Cyrillic), a Cyrillic letter cal ...
being an embodiment of the State itself or representative of its international persona." The name given to the office of head of sta ...
or
head of government
In the Executive (government), executive branch, the head of government is the highest or the second-highest official of a sovereign state, a federated state, or a self-governing colony, autonomous region, or other government who often presid ...
on a national broadcast. Local laws are usually announced in local
newspaper
A newspaper is a Periodical literature, periodical publication containing written News, information about current events and is often typed in black ink with a white or gray background. Newspapers can cover a wide variety of fields such as poli ...
s and published in bulletins or
compendia
A compendium ( compendia or compendiums) is a comprehensive collection of information and analysis pertaining to a body of knowledge. A compendium may concisely summarize a larger work. In most cases, the body of knowledge will concern a specific ...
of municipal regulations.
Jurisdiction-specific details
Armenia
Bills are enacted by the
President of Armenia
The president of Armenia () is the head of state and the guarantor of independence and territorial integrity of Armenia elected to a single seven-year term by the National Assembly of Armenia. Under Armenia's parliamentary system, the president ...
and published in the ''
Official Gazette of Armenia''.
Belgium
Statutes are promulgated by the
King of the Belgians
The monarchy of Belgium is the Constitutional monarchy, constitutional and Inheritance, hereditary institution of the monarchical head of state of the Kingdom of Belgium. As a popular monarchy, the Belgian monarch uses the title king/quee ...
and published in the ''
Belgian Official Journal
The Belgian official journal (, , ) is the official journal or gazette of the Belgium, Kingdom of Belgium. It is where the official publication of laws, royal decrees, decrees, ordinances, and official notices are published. The publication is h ...
''. Decrees and Ordinances are promulgated by the different Regional and Community governments and published in the Belgian Official Journal.
Canada
Canadian federal Acts of Parliament, orders in council, proclamations, public notices, official appointments and proposed regulations from the
Government of Canada
The Government of Canada (), formally His Majesty's Government (), is the body responsible for the federation, federal administration of Canada. The term ''Government of Canada'' refers specifically to the executive, which includes Minister of t ...
are promulgated in the ''
Canada Gazette
The ''Canada Gazette'' () is the official government gazette of the Government of Canada. It was first published on October 2, 1841. While it originally published all acts of the Parliament of Canada, it later also published treaties, hearing an ...
'' (French: ''Gazette du Canada''). The ''Canada Gazette'' consists of three parts that are published separately. Part 1 promulgates public notices, official appointments and proposed regulations; Part 2 promulgates regulations; and Part 3 promulgates Acts of Parliament. Each province and territory has its own publication in which their laws, regulations, and other statutory instruments are promulgated.
Canon law (Catholic Church)
A
canonical law
Canon law (from , , a 'straight measuring rod, ruler') is a set of ordinances and regulations made by ecclesiastical authority (church leadership) for the government of a Christian organization or church and its members.
Canon law includes the ...
issued by the
Pope
The pope is the bishop of Rome and the Head of the Church#Catholic Church, visible head of the worldwide Catholic Church. He is also known as the supreme pontiff, Roman pontiff, or sovereign pontiff. From the 8th century until 1870, the po ...
(or with his consent in the case of laws issued by an
ecumenical council
An ecumenical council, also called general council, is a meeting of bishops and other church authorities to consider and rule on questions of Christian doctrine, administration, discipline, and other matters in which those entitled to vote are ...
or
congregation
Congregation may refer to:
Religion
*Church (congregation), a religious organization that meets in a particular location
*Congregation (Roman Curia), an administrative body of the Catholic Church
*Religious congregation, a type of religious instit ...
) is promulgated when it is published in ''
Acta Apostolicae Sedis
''Acta Apostolicae Sedis'' (Latin for 'Acts of the Apostolic See'), often cited as ''AAS'', is the official gazette of the Holy See, appearing about twelve times a year.Oxford Dictionary of the Christian Church (Oxford University Press 2005 ), a ...
'', and by default has the
force of law three months after promulgation. Laws issued by bishops and
particular councils are promulgated in various ways but by default take effect one month after promulgation.
According to
canon
Canon or Canons may refer to:
Arts and entertainment
* Canon (fiction), the material accepted as officially written by an author or an ascribed author
* Literary canon, an accepted body of works considered as high culture
** Western canon, th ...
7 of the
1983 ''Code of Canon Law'', ("A law is instituted when it is promulgated"). This is an ancient provision in
Latin Church
The Latin Church () is the largest autonomous () particular church within the Catholic Church, whose members constitute the vast majority of the 1.3 billion Catholics. The Latin Church is one of 24 Catholic particular churches and liturgical ...
canon law, dating in its plural form to the
Latin
Latin ( or ) is a classical language belonging to the Italic languages, Italic branch of the Indo-European languages. Latin was originally spoken by the Latins (Italic tribe), Latins in Latium (now known as Lazio), the lower Tiber area aroun ...
formulation of the great 12th century codifier of canon law,
Gratian
Gratian (; ; 18 April 359 – 25 August 383) was emperor of the Western Roman Empire from 367 to 383. The eldest son of Valentinian I, Gratian was raised to the rank of ''Augustus'' as a child and inherited the West after his father's death in ...
: ("Laws are instituted when they are promulgated").
France
The
President of France
The president of France, officially the president of the French Republic (), is the executive head of state of France, and the commander-in-chief of the French Armed Forces. As the presidency is the supreme magistracy of the country, the po ...
promulgates law (he may ask Parliament to reconsider the law, but only once).
Germany
The
President of Germany
The president of Germany, officially titled the Federal President of the Federal Republic of Germany (),The official title within Germany is ', with ' being added in international correspondence; the official English title is President of the F ...
has the duty to duly promulgate and issue laws, unless the President deems them "evidently
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 ...
". The question to what degree they must be convinced of the constitutional violation to deny promulgation is hotly debated.
Hong Kong
Bills have to be signed and promulgated by the
Chief Executive
A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization.
CEOs find roles in variou ...
, and be announced by the government in the
gazette
A gazette is an official journal, a newspaper of record, or simply a newspaper.
In English and French speaking countries, newspaper publishers have applied the name ''Gazette'' since the 17th century; today, numerous weekly and daily newspapers ...
.
Hungary
Legislative proposals adopted by 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 ...
obtain the
force of law only after they are signed by the
President of the Republic and published in the
official gazette
A government gazette (also known as an official gazette, official journal, official newspaper, official monitor or official bulletin) is a periodical publication that has been authorised to publish public or legal notices. It is usually establish ...
Magyar Közlöny.
India
If at any time the
Indian Parliament
The Parliament of India (ISO: ) is the supreme legislative body of the Government of the Republic of India. It is a bicameral legislature composed of the Rajya Sabha (Council of States) and the Lok Sabha (House of the People). The President o ...
is not in session, the
President of India
The president of India (ISO 15919, ISO: ) is the head of state of the Republic of India. The president is the nominal head of the executive, the first citizen of the country, and the commander-in-chief, supreme commander of the Indian Armed ...
on the recommendation of the
Union Cabinet
The Union Council of Ministers is the Cabinet (government), principal executive organ of the Government of India, which serves to aid and advise the President of India in execution of their functions.Article 74 of the ''Constitution of India' ...
may
promulgate an ordinance, which will have the same effect as an
Act of Parliament. However, such ordinance will be presented before the parliament for final approval. They can only be issued when
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
is not in session. They enable the
Indian government
The Government of India (ISO: Bhārata Sarakāra, legally the Union Government or Union of India or the Central Government) is the national authority of the Republic of India, located in South Asia, consisting of 36 states and union territor ...
to take immediate legislative action. Ordinances cease to operate either if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses. It is also compulsory for a session of Parliament to be held within six months.
Ireland, Republic of
All laws passed by the
Oireachtas
The Oireachtas ( ; ), sometimes referred to as Oireachtas Éireann, is the Bicameralism, bicameral parliament of Republic of Ireland, Ireland. The Oireachtas consists of the president of Ireland and the two houses of the Oireachtas (): a house ...
are promulgated by a notice in the ''
Iris Oifigiúil
(; "''Official Journal''") is the official gazette of the government of Ireland. It replaced '' The Dublin Gazette'', the gazette of the Dublin Castle administration, on 31 January 1922. '' The Belfast Gazette'' was established for the same p ...
'' published by the
President of Ireland
The president of Ireland () is the head of state of Republic of Ireland, Ireland and the supreme commander of the Defence Forces (Ireland), Irish Defence Forces. The presidency is a predominantly figurehead, ceremonial institution, serving as ...
, as required by the
Constitution of Ireland
The Constitution of Ireland (, ) is the constitution, fundamental law of Republic of Ireland, Ireland. It asserts the national sovereignty of the Irish people. It guarantees certain fundamental rights, along with a popularly elected non-executi ...
.
Isle of Man
By ancient custom an Act of
Tynwald
Tynwald (), or more formally, the High Court of Tynwald () or Tynwald Court, is the legislature of the Isle of Man. It consists of two chambers, known as the branches of Tynwald: the directly elected House of Keys and the indirectly chosen Leg ...
, the legislature of the island, did not come into force until it had been "promulgated" at an open-air sitting of
Tynwald
Tynwald (), or more formally, the High Court of Tynwald () or Tynwald Court, is the legislature of the Isle of Man. It consists of two chambers, known as the branches of Tynwald: the directly elected House of Keys and the indirectly chosen Leg ...
, usually 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 were 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 on royal assent being announced at an ordinary sitting of
Tynwald
Tynwald (), or more formally, the High Court of Tynwald () or Tynwald Court, is the legislature of the Isle of Man. It consists of two chambers, known as the branches of Tynwald: the directly elected House of Keys and the indirectly chosen Leg ...
, subject to its being promulgated within 12 months, was introduced in 1916; since 1976 this has been the 'default' procedure, and since 1988 an Act ceases to have effect unless promulgated within 18 months after royal assent is announced in Tynwald.
Italy
The
President of the Republic promulgates law. The President remands a law to the Chambers of Parliament, with an explanation, and asks for reconsideration—but must promulgate the law if it is re-approved without modification.
Japan
The
Emperor of Japan
The emperor of Japan is the hereditary monarch and head of state of Japan. The emperor is defined by the Constitution of Japan as the symbol of the Japanese state and the unity of the Japanese people, his position deriving from "the will of ...
promulgates laws passed by the
Diet. The Emperor cannot refuse to promulgate a law.
Kenya
Promulgation is performed by the President.
Luxembourg
Article 34 of the constitution of
Luxembourg
Luxembourg, officially the Grand Duchy of Luxembourg, is a landlocked country in Western Europe. It is bordered by Belgium to the west and north, Germany to the east, and France on the south. Its capital and most populous city, Luxembour ...
requires the
grand duke or duchess to ''promulgate'' a new law for it to take effect.
Macau
Bills have to approved by the Legislative Assembly, signed and promulgated by the
Chief Executive
A chief executive officer (CEO), also known as a chief executive or managing director, is the top-ranking corporate officer charged with the management of an organization, usually a company or a nonprofit organization.
CEOs find roles in variou ...
. They must be published in the Official Gazette ''
Boletim Oficial''.
Malta
When a bill is approved by the
House of Representatives of Malta
Malta, officially the Republic of Malta, is an island country in Southern Europe located in the Mediterranean Sea, between Sicily and North Africa. It consists of an archipelago south of Italy, east of Tunisia, and north of Libya. The two ...
, it is presented to the
President of Malta
The president of Malta () is the constitutional head of state of Malta. The president is indirect election, indirectly elected by the House of Representatives of Malta, which appoints the president for a five-year term and requires them to sw ...
for his assent. According to constitutional obligation he shall without delay signify that he assents and hence promulgate the said bill into a parliamentary act. The parliamentary act is then published in the ''
Malta Government Gazette'', and thus
comes into force.
Mexico
A law is approved by Congress, signed by the President, and published in the
Official Diary of the Federation (), or DOF. Each law in its Transitional Articles (''Transitorios'') states when the Law takes effect (''entra en vigor'') and, when applicable, what law it cancels and replaces. Regulations are prepared by the Executive branch in order to establish the administration of the Law. They are signed by the President and published in the DOF.
Poland
Laws have to be promulgated by the
President of the Republic in the ''
Dziennik Ustaw
''Dziennik Ustaw'' () or ''Dziennik Ustaw Rzeczypospolitej Polskiej'' (, abbreviated Dz. U.) is the most important Polish publication of legal acts. It is the only official source of law for promulgation of Polish laws. The publication of this j ...
'' journal. The President may refer to the
Constitutional Tribunal; if he has not made reference, he may refer the bill to the
Sejm
The Sejm (), officially known as the Sejm of the Republic of Poland (), is the lower house of the bicameralism, bicameral parliament of Poland.
The Sejm has been the highest governing body of the Third Polish Republic since the Polish People' ...
(
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 ...
) for further reconsideration. The bill shall then be promulgated.
Portugal
The laws (statutes issued by the
Parliament
In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...
) and the decree-laws (statutes issued by the
Government
A government is the system or group of people governing an organized community, generally a State (polity), state.
In the case of its broad associative definition, government normally consists of legislature, executive (government), execu ...
) have to be promulgated by the
President of Portugal
The president of Portugal, officially the president of the Portuguese Republic (, ), is the head of state and highest office of Portugal.
The powers, functions and duties of prior presidential offices, and their relation with the prime minister ...
to take effect. The promulgation is the act by which the President solemnly testifies the existence of a rule of law and intimates its observation. The President may however decide not to promulgate the bill and to veto it with a political or legal justification. After the promulgation, the statutes are published in the ''
Diário da República
The ''Diário da República'' (DR) is the official gazette of Portugal. Between 1869 and 1976, it was called the ''Diário do Governo''.
It is published by the National Printing House and comprises two series. Laws, decree-laws, decisions by t ...
'' (official journal), with the laws needing a Government referendum before.
Romania
Bills have to be promulgated by 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:
Arts and entertainment Film and television
*'' Præsident ...
and afterwards published in the official gazette, ''
Monitorul Oficial
''Monitorul Oficial al României'' is the official government gazette, gazette of Romania, in which all the promulgation, promulgated bills, President of Romania, presidential decrees, Government of Romania, governmental ordinances and other m ...
''.
Spain
Article 91 of the
Spanish Constitution
The Spanish Constitution () is the supreme law of the Kingdom of Spain. It was enacted after its approval in 1978 in a constitutional referendum; it represents the culmination of the Spanish transition to democracy.
The current version was a ...
establishes that bills, upon being passed by the ''
Cortes Generales
The (; ) are the Bicameralism, bicameral legislative chambers of Spain, consisting of the Congress of Deputies (the lower house) and the Senate of Spain, Senate (the upper house).
The Congress of Deputies meets in the Palacio de las Cortes, ...
'', must be sanctioned (i.e., given
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
) by the
King of Spain
The monarchy of Spain or Spanish monarchy () is the constitutional form of government of Spain. It consists of a Hereditary monarchy, hereditary monarch who reigns as the head of state, being the highest office of the country.
The Spanish ...
within two weeks of their passing. The King will then promulgate and immediately publish them in the official gazette, the ''
Boletín Oficial del Estado
The (''BOE''; "", from 1661 to 1936 known as the ''Gaceta de Madrid'', "") is the official gazette of the Spain, Kingdom of Spain and may be published on any day of the week. The content of the ''BOE'' is authorized and published by Royal Asse ...
''.
Sweden
Laws and
secondary legislation
Secondary may refer to: Science and nature
* Secondary emission, of particles
** Secondary electrons, electrons generated as ionization products
* The secondary winding, or the electrical or electronic circuit connected to the secondary winding ...
are promulgated by the
Government of Sweden
The Government of the Kingdom of Sweden () is the Cabinet (government), national cabinet of Sweden, and the country's Executive (government), executive authority.
The Government consists of the Prime Minister of Sweden, Prime Minister and their ...
and are published in the
Swedish Code of Statutes
The Swedish Code of Statutes (, Swedish law collection; SFS) contains the chronological session laws of the Riksdag, regulations of the Government, and ordinances, collectively called .
SFS numbers
Every document has an SFS number, including le ...
().
Turkey
Bills are promulgated by the
President of the Republic and published in the official gazette, ''
Resmi Gazete''.
United Kingdom
Acts of Parliament in the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Northwestern Europe, off the coast of European mainland, the continental mainland. It comprises England, Scotlan ...
are promulgated when given
royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in othe ...
by the
King
King is a royal title given to a male monarch. A king is an Absolute monarchy, absolute monarch if he holds unrestricted Government, governmental power or exercises full sovereignty over a nation. Conversely, he is a Constitutional monarchy, ...
. The sovereign may appear personally in the
House of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest ext ...
or may appoint
Lords Commissioners
The Lords Commissioners are Privy Council of the United Kingdom, privy counsellors appointed by the monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament of the United Kingdom, Parliament whic ...
, who announce that royal assent has been granted at a ceremony held at the
Palace of Westminster
The Palace of Westminster is the meeting place of the Parliament of the United Kingdom and is located in London, England. It is commonly called the Houses of Parliament after the House of Commons and the House of Lords, the two legislative ch ...
for this purpose. However, royal assent is usually granted less ceremonially by
letters patent
Letters patent (plurale tantum, plural form for singular and plural) are a type of legal instrument in the form of a published written order issued by a monarch, President (government title), president or other head of state, generally granti ...
.
United States
Acts of Congress are given the force of law, in one of the following ways: signed by the
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. The president directs the Federal government of the United States#Executive branch, executive branch of the Federal government of t ...
; neither signed nor
vetoed
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 ...
by the President within ten days from reception (excluding Sundays) while the Congress is in session; or, when both 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 ...
and the
House of Representatives
House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...
vote, by a
two-thirds majority
A supermajority is a requirement for a proposal to gain a specified level of support which is greater than the threshold of one-half used for a simple majority. Supermajority rules in a democracy can help to prevent a majority from eroding fund ...
in each chamber, to override a presidential veto during its session. In
United States administrative law
United States Federal Administrative Law encompasses statutes, rules, judicial precedents, and executive orders, that together form administrative laws that define the extent of powers and responsibilities held by administrative agencies of th ...
, a federal regulation may be said to be formally promulgated when it appears in the ''
Federal Register
The ''Federal Register'' (FR or sometimes Fed. Reg.) is the government gazette, official journal of the federal government of the United States that contains government agency rules, proposed rules, and public notices. It is published every wee ...
'' and after the public-comment period concludes.
Amendments to the
United States Constitution
The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...
attain force of law "when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress". When the requisite number of state ratifications has been reached (currently 38), it is the duty of the
Archivist of the United States to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution.
References
External links
*
{{Portal bar, Law
Statutory law
Administrative law