Enrolled Bill doctrine
Encyclopedia
The enrolled bill rule, is a principle of judicial interpretation of rules of procedure in legislative
bodies. Under the doctrine, once a bill passes a legislative body and is signed into law
, the courts assume that all rules of procedure in the enactment process were properly followed. That is, "[i]f a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted."
The enrolled bill rule was restated by Lord Campbell
in Edinburgh & Dalkeith Railway Co v Wauchope In that case it was complained that the passage of a private bill
was defective because proper notice had not been given. The House of Lords rejected the notion that the validity of an act could be questioned. The Parliament Acts 1911 and 1949 and the Regency Acts 1937 and 1953 changed the enrolled bill rule. The Parliament Acts 1911 and 1949 provide that a Bill can be sent for Royal Assent without the consent of the House of Lords.
in the 1892 case Field v. Clark In effect, the court ruled that the enrolled bill signed by the presiding officers of the two houses of Congress was the best evidence of what had been passed, being on balance better evidence than the journals of the respective houses, so it should not be called into question.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
bodies. Under the doctrine, once a bill passes a legislative body and is signed into law
Veto
A veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
, the courts assume that all rules of procedure in the enactment process were properly followed. That is, "[i]f a legislative document is authenticated in regular form by the appropriate officials, the court treats that document as properly adopted."
United Kingdom
The doctrine was adopted in The King v Arundel. It was based on the proposition that the when an act was passed and assented to, it was affixed with the Great Seal, the "effective legal act of enactment". It was "a regal act, and no official might dispute the king's word."The enrolled bill rule was restated by Lord Campbell
John Campbell, 1st Baron Campbell
John Campbell, 1st Baron Campbell PC, KC was a British Liberal politician, lawyer, and man of letters.-Background and education:...
in Edinburgh & Dalkeith Railway Co v Wauchope In that case it was complained that the passage of a private bill
Private bill
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act . This is unlike public bills which apply to everyone within their jurisdiction...
was defective because proper notice had not been given. The House of Lords rejected the notion that the validity of an act could be questioned. The Parliament Acts 1911 and 1949 and the Regency Acts 1937 and 1953 changed the enrolled bill rule. The Parliament Acts 1911 and 1949 provide that a Bill can be sent for Royal Assent without the consent of the House of Lords.
United States
In the United States, the rule was adopted by the Supreme CourtSupreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
in the 1892 case Field v. Clark In effect, the court ruled that the enrolled bill signed by the presiding officers of the two houses of Congress was the best evidence of what had been passed, being on balance better evidence than the journals of the respective houses, so it should not be called into question.
State law
At the time of the decision in Field, nine states had adopted the doctrine, and 13 had rejected it. At least two states have weakened it:- The Supreme Court of Kentucky has held that "there is a prima faciePrima faciePrima facie is a Latin expression meaning on its first encounter, first blush, or at first sight. The literal translation would be "at first face", from the feminine form of primus and facies , both in the ablative case. It is used in modern legal English to signify that on first examination, a...
presumption that an enrolled bill is valid but such presumption may be overcome by clear, satisfactory and convincing evidence establishing that constitutional requirements have not been met."
- The Pennsylvania Supreme Court has limited the application of the doctrine. Although it held that "When a law has been passed and approved and certified in due form, it is no part of the duty of the judiciary to go behind the law as duly certified to inquire into the observance of form in its passage," the court also noted that "it would be a serious dereliction ... to deliberately ignore a clear constitutional violation."