Coming into force
Encyclopedia
Coming into force or entry into force (also called commencement) refers to the process by which legislation
, regulations, treaties
and other legal instruments come to have legal force and effect. The term is closely related to the date
of this transition.
or the standing orders of the deliberative assembly
in which it originated.
Coming into force generally includes publication in an official gazette
so that people know the law or treaty exists, which generally releases it into the public domain
.
, including signature
, ratification
, and entry into force.
becomes an Act
, is separate from commencement. Even if a bill passes through all necessary stages to become an Act, it may not automatically come into force.
A country's law could determine that on being passed by lawmakers a bill becomes an act without further ado. However, more usually, the process whereby a bill becomes an Act is well prescribed in general constitution
al or administrative legislation. This process varies from country to country, and from political system
to political system.
Typically, the process by which a bill becomes an Act includes signature or some other token of assent by the head of state
and publication in an official gazette
. In some systems, the head of state or some other official is required to definitely signify his approval, as for example in the granting of royal assent
in the Commonwealth realms. In others, a bill automatically becomes an Act unless vetoed, as for example in the United States
. But these steps do not, in themselves, make an act legally binding on the population. An act is typically brought into force in one of three ways:
provides:
This replaces the corresponding provision in the Acts of Parliament (Commencement) Act 1793
.
Schedule 1 of that Act contains the following definition:
In an enactment the expression "commencement", when used with reference to any statutory provision, means the time at which that provision comes into operation.
of Max Weber
, "revelation [to a magician or priest] of law in these forms was the original revolutionary element opposing the stability of tradition and is the mother of all legal 'enactment'"
Legislation
Legislation is law which has been promulgated by a legislature or other governing body, or the process of making it...
, regulations, treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
and other legal instruments come to have legal force and effect. The term is closely related to the date
Calendar date
A date in a calendar is a reference to a particular day represented within a calendar system. The calendar date allows the specific day to be identified. The number of days between two dates may be calculated. For example, "24 " is ten days after "14 " in the Gregorian calendar. The date of a...
of this transition.
General requirements
To come into force, a treaty or Act first needs to receive the required number of votes or ratifications. Sometimes, as with most treaties, this number will be stipulated as part of the treaty itself. Other times, as is usual with laws or regulations, it will be spelt out in a superior law, such as a written constitutionConstitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
or the standing orders of the deliberative assembly
Deliberative assembly
A deliberative assembly is an organization comprising members who use parliamentary procedure to make decisions. In a speech to the electorate at Bristol in 1774, Edmund Burke described the English Parliament as a "deliberative assembly," and the expression became the basic term for a body of...
in which it originated.
Coming into force generally includes publication in an official gazette
Public journal
A public journal is a day-by-day record of the business and proceedings of a public body....
so that people know the law or treaty exists, which generally releases it into the public domain
Public domain
Works are in the public domain if the intellectual property rights have expired, if the intellectual property rights are forfeited, or if they are not covered by intellectual property rights at all...
.
Treaties
After their adoption, treaties as well as their amendments may have to follow the official legal procedures of the United Nations, as applied by the Office of Legal AffairsUnited Nations Office of Legal Affairs
The United Nations Office of Legal Affairs is a United Nations agency, established in 1946, that performs several key functions in the area of international law....
, including signature
Signature
A signature is a handwritten depiction of someone's name, nickname, or even a simple "X" that a person writes on documents as a proof of identity and intent. The writer of a signature is a signatory. Similar to a handwritten signature, a signature work describes the work as readily identifying...
, ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
, and entry into force.
Acts
It is important to note that the process of enactment, by which a billBill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
becomes an Act
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
, is separate from commencement. Even if a bill passes through all necessary stages to become an Act, it may not automatically come into force.
A country's law could determine that on being passed by lawmakers a bill becomes an act without further ado. However, more usually, the process whereby a bill becomes an Act is well prescribed in general constitution
Constitution
A constitution is a set of fundamental principles or established precedents according to which a state or other organization is governed. These rules together make up, i.e. constitute, what the entity is...
al or administrative legislation. This process varies from country to country, and from political system
Political system
A political system is a system of politics and government. It is usually compared to the legal system, economic system, cultural system, and other social systems...
to political system.
Typically, the process by which a bill becomes an Act includes signature or some other token of assent by the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
and publication in an official gazette
Gazette
A gazette is a public 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 bear the name The Gazette.Gazette is a loanword from the...
. In some systems, the head of state or some other official is required to definitely signify his approval, as for example in the granting of royal assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
in the Commonwealth realms. In others, a bill automatically becomes an Act unless vetoed, as for example in the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
. But these steps do not, in themselves, make an act legally binding on the population. An act is typically brought into force in one of three ways:
- By means of an explicit commencement date (and sometimes time of day) written into the act itself. It is possible for different sections of an act to come into force at different dates or times.
- As a result of a commencement order. Usually, an Act or part of an Act may only be brought into force by a commencement order if explicit provision is made. Commencement orders are typically issued by the executive branch of government, though they may also require legislative approval, or at least that the legislature be informed. As with explicit commencement dates, different parts of an act may be brought into force by different commencement orders at different times.
- Automatically. An Act that does not include explicit commencement dates or provision for commencement orders, or that has dates or provides for commencement orders for only some of its contents, will typically be interpreted as having come into effect at a certain time relative to its enactment. This time is usually specified by an interpretive statute, or, in the absence of such a statute, a legal rule. For example, in the United KingdomUnited KingdomThe United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
, until late in the 18th century a legal rule interpreted statutes as coming into effect at the start of the legislative session in which they were passed, but Acts of Parliament (Commencement) Act 1793Acts of Parliament (Commencement) Act 1793The Acts of Parliament Act 1793 was an Act of the Parliament of the Kingdom of Great Britain which provided that Acts of Parliament would come into force on the date on which they received royal assent, unless they specified some other date, instead of the first day of the session in which they...
stipulated that future laws without explicit commencement provisions would come into effect on the day on which they received royal assent. A similar example is provided by New ZealandNew ZealandNew Zealand is an island country in the south-western Pacific Ocean comprising two main landmasses and numerous smaller islands. The country is situated some east of Australia across the Tasman Sea, and roughly south of the Pacific island nations of New Caledonia, Fiji, and Tonga...
, where an Act without commencement provisions comes into force on the day after the day on which it received royal assent.
- It is possible for an Act to come into effect through any combination of these three methods.
United Kingdom
Section 4 of the Interpretation Act 1978Interpretation Act 1978
The Interpretation Act 1978 is an Act of the Parliament of the United Kingdom. The Act makes provision for the interpretation of Acts of Parliament, Measures of the General Synod of the Church of England, Measures of the Church Assembly, subordinate legislation, "deeds and other instruments and...
provides:
This replaces the corresponding provision in the Acts of Parliament (Commencement) Act 1793
Acts of Parliament (Commencement) Act 1793
The Acts of Parliament Act 1793 was an Act of the Parliament of the Kingdom of Great Britain which provided that Acts of Parliament would come into force on the date on which they received royal assent, unless they specified some other date, instead of the first day of the session in which they...
.
Schedule 1 of that Act contains the following definition:
Northern Ireland
Sections 14(1) and (2) of the Interpretation Act (Northern Ireland) 1954 read:In an enactment the expression "commencement", when used with reference to any statutory provision, means the time at which that provision comes into operation.
History
According to the legal sociologySociology
Sociology is the study of society. It is a social science—a term with which it is sometimes synonymous—which uses various methods of empirical investigation and critical analysis to develop a body of knowledge about human social activity...
of Max Weber
Max Weber
Karl Emil Maximilian "Max" Weber was a German sociologist and political economist who profoundly influenced social theory, social research, and the discipline of sociology itself...
, "revelation [to a magician or priest] of law in these forms was the original revolutionary element opposing the stability of tradition and is the mother of all legal 'enactment'"
See also
- List of enacting formulae
- Act of CongressAct of CongressAn Act of Congress is a statute enacted by government with a legislature named "Congress," such as the United States Congress or the Congress of the Philippines....
- Rule of lawRule of lawThe rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...