Reserve power
Encyclopedia
In a parliamentary or semi-presidential system of government
, a reserve power is a power that may be exercised by the head of state
without the approval of another branch of the government. Unlike a presidential system
of government, the head of state is generally constrained by the cabinet
or the legislature
, and most reserve powers are usable only in certain exceptional circumstances. The reserve powers of the President of Ireland are called discretionary powers.
) or a wholly written constitution that consists of a text augmented by additional conventions, traditions, letters patent
, etc. (such as Canada
or Australia
) generally have reserve powers.
Typically these powers are:
There are usually strict constitutional conventions concerning when these powers may be used, and these conventions are enforced by public pressure. Using these powers in contravention of tradition would generally provoke a constitutional crisis
.
Some political scientists believe that reserve powers are a good thing in that they allow for a government to handle an unforeseen crisis and that the use of convention to limit the use of reserve powers allows for more gradual and subtle constitutional evolution than is possible through formal amendment of a written constitution. Others believe that reserve powers are vestigial and potentially dangerous parts of a constitution.
Reserve powers often originate in situations in which the head of state begins with vast discretionary powers which over time become more difficult to execute in practice without provoking a constitutional crisis. As a society becomes more democratic, conventions and limitations on the power of the head of state become increasingly established and constitutional evolution occurs by establishing conventions rather than by formal amendment of the constitution. As a result, reserve powers often exist in the context of constitutional monarchies.
, on the advice of the British government, normally in the form of written instructions issued to him or her when they took office. After a 1926 Imperial Conference decision, however, the governors-general were no longer advised by the British government, but rather, by that of each individual state.
For example, the first Governor-General of the Irish Free State
, Tim Healy
was instructed by the British Dominions Office in 1922 to withhold the Royal Assent on any Bill passed by the two houses of the Oireachtas
(the Irish parliament) that attempted to change or abolish the Oath of Allegiance
. However no such Bill was introduced during Healy's period in office (1922–28). By the time the Oath was abolished, some years later, the Irish Governor-General was formally advised exclusively by the Irish government.
allowed only the governor-general to employ all of the powers vested in the Queen, with the exception of the power to appoint the governor-general him or herself. The Royal Powers Act 1953 was passed in order to address this, and enabled the Queen, when she was personally present in Australia, to exercise any power defined in an Act of the Australian parliament that is exercisable by her governor-general.
While the reserve power to dismiss a government has not been used in the United Kingdom since 1834, this power has been exercised more recently in Australia, on two occasions:
In both cases an election was held very soon afterwards and, again in both cases, the dismissed government was massively defeated by popular vote.
In Queensland, 1987, during a tense period of leadership succession, the Governor of Queensland, Sir Walter Campbell, exercised reserve power in declining to exercise vice-regal authority on the advice of the Premier, Joh Bjelke-Petersen
. Campbell initially refused to redistribute ministerial portfolios on the sole advice of the premier, who lacked the confidence of his cabinet. Subsequently, during a period when Queensland had a “Premier who is not leader” and the governing party had a “Leader who is not Premier”, there was speculation on the potential exercise of vice-regal reserve power by Campbell, in dismissing the premier in the absence of a parliamentary motion of no confidence
. Ultimately, Campbell was praised for his handling of the undesirable situation. (For more, see Walter Campbell (judge)#Governor.)
These are amongst several exercises of the reserve powers in Australia in the 20th century at state and federal levels.
, vests all executive power in Canada
in the nation's sovereign, the reserve powers belong to that figure. However, the same act specifically mandates that some executive power may be used only by the monarch's representative, the governor general
, and, in 1947, King George VI
issued letters patent
permitting the governor general "to exercise all powers and authorities lawfully belonging to Us [the King] in respect of Canada."
The reserve power of dismissal has never been used in Canada, although other reserve powers have been used to force the prime minister
to resign on two occasions: The first took place in 1896, when the prime minister, Sir Charles Tupper, refused to step down after his party did not win a majority of the House of Commons seats in the 1896 election
, leading the governor general, the Earl of Aberdeen
, to no longer recognize Tupper as prime minister and disapprove of several appointments Tupper had recommended. On the second occasion, which took place in 1925 and came to be known as the King-Byng Affair
, Prime Minister William Lyon Mackenzie King
, facing a non-confidence motion
in the Commons chamber, advised
the governor general, the Viscount Byng of Vimy
, to dissolve
the new parliament, but Byng refused.
No modern governor general has disallowed a bill, though provincial lieutenant governors
have.
The power to issue passports also remains under the Royal Prerogative in Canada. The terms for the issuing of passports by the Minister of Foreign Affairs on behalf of the Crown are set out in the Canadian Passport Order, issued by the Governor-in-Council under the Royal Prerogative. The Canadian government has used the Royal Prerogative on one occasion to deny passports to a Canadian citizen whom the United States government held, and released, from the American prison in the US Navy base at Guantanamo Bay. Abdurahman Khadr was denied a passport by the Canadian government. The Federal Court of Canada on judicial review quashed the Minister's refusal of a passport and ordered that the application be re-considered.
, exercised considerable power, with exclusive authority over some matters such as foreign and Maori affairs. They also had a real choice in selecting premiers – parliaments of the period being composed of independent members who formed loose and shifting factions – and were not always obliged to act on the advice of their ministers. As New Zealand's political system matured, the Colonial Office
increasingly instructed the Governors to follow the advice of local ministers, and the powers of the office have continually shrunk. Important remnants of these early powers remain. The Governor-General has a number of reserve powers, which he or she uses on behalf of Queen Elizabeth II. Sir Kenneth Keith
describes the use of these powers as based on the principle that "The Queen reigns, but the government rules, so long as it has the support of the House of Representatives".
The most visible of these is the power to appoint a Prime Minister, and the related power to accept a Prime Minister's resignation. This power is exercised every time a general election results in a change of government, most recently in 2008. It may also be exercised if a Prime Minister loses the confidence of Parliament and resigns instead of advising a dissolution of Parliament; the last such occasion was in 1912. Finally, it may happen if a Prime Minister is manoeuvred out of his position by his own party, resigns for unrelated reasons, or dies in office. Though the power of appointment is listed among the reserve powers, in fact the Governor-General abides by strict conventions, and has always appointed the leader of the dominant party in the House of Representatives
. The Governor-General retains the theoretical power to appoint as Prime Minister a member of the House of Representatives who clearly does not have the support of a majority of MPs, but no Governor-General has sought to use this power since New Zealand gained responsible government
, though some cabinets in the 19th century proved extremely short-lived. In earlier times, if a Prime Minister died, became incapacitated, or resigned unexpectedly, a Governor-General might be able to choose a temporary Prime Minister from among several senior ministers, while the governing party decided on a new leader who would then be duly appointed Prime Minister. Today, however, the practice of appointing – on Prime Ministerial advice – a permanent Deputy Prime Minister, who becomes acting Prime Minister when needed, has largely removed even this discretion from the Governor-General.
The remaining reserve powers are the power to dismiss a Prime Minister who has lost confidence of the House of Representatives; the ability to dissolve Parliament and call elections if a Prime Minister has lost the confidence of the House; the power to refuse a Prime Minister's request to dissolve Parliament and hold elections. The power to withhold Royal assent
to Bills of Parliament is controversial. Many constitutional commentators believe that the Governor-General (or the Sovereign) does not have the power to refuse Royal assent legislation in New Zealand - former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer
argue any refusal of Royal Assent would lead to a constitutional crisis. Others, such as Professor Philip Joseph, believe the Governor-General does retain the power to refuse Royal Assent to Bills in exceptional circumstances - such as the abolition of democracy. There have been a handful of occasions when reserve powers were used, or at least considered.
In the 1890s, Premier John Ballance
advised that several new members be appointed to the (since abolished) Legislative Council
. Two successive Governors, the Earl of Onslow
and the Earl of Glasgow
, refused to make the appointments, until the Colonial Office intervened in Ballance's favour. This incident markedly reduced the discretionary powers of the Governor. Though these remained the same in law for the time being, later Governors and governments considered that there would be far fewer scenarios in which their use would be appropriate.
Almost a century later, in 1984, there was a brief constitutional crisis
. The outgoing Prime Minister, Sir Robert Muldoon, had just lost an election, but refused to advise the Governor-General, Sir David Beattie
, to make urgent regulations desired by both the incoming Prime Minister, David Lange
, and by many in Muldoon's own party and cabinet. At the time, the option of Beattie dismissing Muldoon and replacing him, without waiting for a formal resignation, was reportedly discussed. Muldoon eventually relented under pressure from his cabinet, making use of Beattie's reserve powers unnecessary.
These powers could be exercised in an emergency such as a constitutional crisis (such as surrounded the People's Budget
of 1909), or in wartime. They would also be very relevant in the event of a hung parliament
.
For example, in the hung parliament in 1974, the serving Prime Minister Edward Heath
attempted to remain in power but was unable to form a working majority
. The Queen then asked Harold Wilson
, leader of the Labour Party, which had the largest number of seats in the Commons but not an overall majority, to attempt to form a government. Subsequently Wilson asked that if the government were defeated on the floor of the House of Commons, the Queen would grant a dissolution, which she agreed to.
Constitutional precedence has even established the unwritten but binding rule that the Monarch must give assent to any parliamentary decision, regardless of any other considerations (which can only be advanced in private audience with government members, not imposed), as soon as the government presents it for royal signature and thus assumes full political responsibility.
In 1990, when a law liberalising Belgium
's abortion laws was approved by parliament, King Baudouin refused to give his Royal Assent
, only the second time in Belgium's history the monarch elected to do so. Instead, he requested that the cabinet declare him unable to reign for a day, which it did, thereby assuming the king's constitutional powers. All members of the government then signed the bill, passing it into law. The government declared that Baudouin was capable of reigning again the next day.
has no reserve powers. Following Japan
's defeat in World War II
, the emperor's role is defined in Chapter I of the 1947 Constitution of Japan
, as decided by the foreign powers that had defeated Japan in the war. It states that the sovereignty of Japan rests with the people, not the emperor, and that the emperor is merely the symbol of the State and of the unity of the people.
does not specifically grant emergency powers to the government, though does state in Article 56 that the monarch "arbitrates and moderates the regular functioning of the institutions", and invests the monarch with the responsibility of overseeing that the forms of the constitution are observed. It is through this constitutional language that wider "reserve powers" are granted to the monarch. It is through this clause and his position as Commander in Chief of the Spanish Armed Forces that King Juan Carlos undermined the attempted 23-F
military coup in 1981.
The Spanish Constitution of 1978, Title II The Crown, Article 62, delineates the powers of the king, while Title IV Government and Administration, Article 99, defines the king's role in government. Title VI Judicial Power, Article 117, Articles 122 through 124, outlines the king's role in the country's independent judiciary. However, by constitutional convention
established by Juan Carlos I, the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy. Receiving government advice does not necessarily bind the monarch into executing the advice, except where prescribed by the constitution.
Once a General Election
has been announced by the king, political parties nominate their candidates to stand for the presidency of the government.
Following the General Election of the Cortes Generales
(Cortes), and other circumstances provided for in the constitution, the king meets with and interviews the political party leaders represented in the Congress of Deputies, and then consults with the Speaker of the Congress of Deputies (officially, Presidente de Congreso de los Diputados de España, who, in this instance, represents the whole of the Cortes Generales) before nominating his candidate for the presidency, according to Section 99 of Title IV. Often minor parties form part of a larger major party, and through that membership it can be said that the king fulfills his constitutional mandate of constulting with party represenitives with Congressional representation.
The Spanish Constitution of 1978
explicitly says the king is not subject to any responsibility but his acts to be valid must be endorsed by the Government and will not be valid without such an endorsement. The only exception is that the king is free to appoint and remove the members of his private and military advisors (Casa Real).
Title IV of the Constitution invests the sanction (Royal Assent
) and promulgation (publication) of the laws with the king, while Title III The Cortes Generals, Chapter 2 Drafting of Bills outlines the method bills are passed. According to Article 91, within fifteen days that a bill has been passed by the Cortes Generales, the king shall give his assent and publish the new law. Article 92 invests the king with the right to call for referendum on the advice of the president and the previous authorization of Congress.
No provision within the constitution invests the king with the ability to veto legislation directly, however no provision prohibits the king from withholding royal assent, effectively a veto. When the media asked King Juan Carlos
if he would endorse the bill legalizing gay marriages
, he answered "Soy el Rey de España y no el de Bélgica" ("I am the King of Spain, not of Belgium") a reference to King Baudouin I of Belgium who had refused to sign the Belgian law legalising abortion
. The King gave his Royal Assent to Law 13/2005 on 1 July 2005; the law was gazette
d in the Boletín Oficial del Estado
on 2 July, and came into effect on 3 July 2005.
and Head of Government
. This was the case in Germany under the Weimar Republic
, and is still the case in the French Fifth Republic
, the Italian
republic, and the Republic of Ireland
. Reserve powers may include, for instance, the right to issue emergency legislation or regulation bypassing the normal processes. In most states, the head of state's ability to exercise reserve powers is explicitly defined and regulated by the text of the constitution.
must consult with the Prime Minister
for all decisions except the appointment of the Prime Minister and the Chief Justice. However, the President has the authority to dissolve the government or parliament, grant pardon to criminals, block bills/budgets by the legislature or declare emergency.
During the regime of the caretaker government
, the President's power expands dramatically; effectively, he doesn't remain a ceremonial head anymore.
allows the President of the Republic to exercise exceptional powers in case of a national emergency. During this time, the President may not use his prerogative to dissolve the National Assembly
and call early elections. He must still consult the Prime Minister, the leaders of both houses of Parliament and the Constitutional Council
.
The inspiration for this disposition in the Constitution was the institutional chaos and lack of government authority which contributed to the French debacle in the Battle of France
in 1940. On a larger scale, this is consistent with a tradition of the Roman Republic
(which has always been an inspiration for the successive French Republics), to give six months of dictatorial power to a citizen in case of an imminent danger of invasion.
Article 16 rule has only been exercised once, in 1961, during a crisis related to the Algerian War in which Charles de Gaulle
needed those emergency powers to foil a military plot to take over the government. In 1962, the Council of State ruled itself incompetent to judge measures of a legislative nature issued by the President under Article 16.
In his book, Le Coup d'État permanent (The Permanent Coup
), François Mitterrand
criticized Article 16 for allowing an ambitious politician the opportunity to become a dictator. However, he made no move to put away his reserve powers after he himself became President.
(i.e. the German constitution) of the Federal Republic of Germany
strictly limits the reserve powers available to the President to prevent the situation in which the executive could effectively rule without legislative approval, which was the case in the Weimar Republic
. In particular, he cannot rule by decree
and he can only dissolve the Bundestag
(parliament) if the Chancellor loses a motion of confidence and asks the President to do so.
The German President has exercised this right three times since the founding of the Federal Republic in 1949. President Gustav Heinemann
dissolved the Bundestag at the request of Chancellor Willy Brandt
in 1972, and in 1982 President Karl Carstens
did so at the request of Chancellor Helmut Kohl
. Both Brandt and Kohl were reelected with larger majorities. Most recently, on 1 July 2005, President Horst Köhler
dissolved the Bundestag at the request of Chancellor Gerhard Schröder
. Schröder expectedly lost the election
that followed and thus made way for a new government.
The wide use of sweeping reserve powers by Adolf Hitler
, contained in Article 48 of the Weimar Constitution, has often been cited as an important factor in the failure of the Weimar Republic and the decisive attainment of totalitarian power by Nazism
in Germany in the 1930s.
The German President has the right to refuse his signature to laws passed by the parliament in certain circumstances. These may be formal errors in the law-making process or violations of the Basic Law
inherent to the new law. This reserve power has been used 8 times till the end of 2008. see the German Wikipedia entry :de:Bundespräsident (Deutschland)
The German President nominates the first candidate for Chancellor put to vote in the Bundestag
. However, the President thus far has always nominated the candidate of the winning party.
The German President has the right to pardon criminals for federal crimes with the countersignature of a member of the cabinet. The refusal of a pardon does not need a countersignature.
's powers are defined by articles 87 through 90 of the Constitution of Italy
. The President:
The president can refuse to sign laws he deems clearly against the Constitution, while less obvious cases are dealt later on by the Constitutional Court. If the rejected law is passed again by a majority in the parliament, however, the president must sign it.
does not possess executive powers: executive powers are held by the Government, which is headed by a Taoiseach
(Prime Minister), who is chosen by and accountable to Dáil Éireann
(Chamber of Deputies).
The President's powers are principally defined by Article 13 of the Constitution of Ireland
. For the most part, these ceremonial duties may be performed only on the authority, and with the binding advice, of the Government.
However, the President has certain reserve powers, also known as "discretionary powers" in Ireland, which can be exercised by the President at his or her discretion - without, or even contrary to, the Government's advice.
The two most politically important discretionary powers are:
(i) Refusing to dissolve the Dáil
on the advice of a Taoiseach
who has lost the confidence of the Dáil.
(ii) Referring legislation to the Supreme Court.
The first of these means that a Taoiseach who has been defeated by a vote of no-confidence cannot automatically expect to appeal to the people by calling a general election. The question of whether or not the Taoiseach has lost the confidence of the Dáil could be a discretionary matter for the President to decide - in principle, the President could refuse to dissolve the Dáil on the advice of a Taoiseach who has not yet been defeated in a vote of no-confidence, but who appears likely to be defeated were such a vote to be held. This power has not so far been used, but it could be a crucial power in the event of the collapse of a governing coalition.
By the second of these powers, the President may refuse to assent to legislation passed by Parliament when he or she considers it to be unconstitutional. The President refers the matter to the Supreme Court, which makes the final decision. This power has been used several times by various Presidents.
In addition to these powers, the President has various other discretionary powers in the Constitution, which are of lesser political significance (in normal circumstances). The President may decide to call a referendum on legislation "of great national significance". This power, granted by Article 27 of the Constitution, has not so far been used. The President cannot initiate a referendum, but must wait for an application by a majority of the Seanad (Senate) and one-third of the Dáil. Generally, owing to the way in which the Seanad is elected, the Government's coalition controls a majority of the seats, and strong party discipline means that Senators rarely go against their own party, so getting Seanad support for a referendum is difficult. If the Seanad were to be reformed, this power could potentially become much more significant. Similarly, the President has a latent role in resolving disputes between the Dáil and the Seanad. The President may convene a special committee to resolve questions of privilege between the Dáil and the Seanad with regard to Money Bills, and with regard to speeding the passage of urgent bills through the Seanad. Again, owing to the method by which the Seanad is elected, disputes of this nature tend not to emerge in practice.
The exercise of these powers is entirely at the President's discretion, for which the President is neither legally nor politically responsible. However, prior to their exercise, the President is bound, in most cases, to consult the Council of State
, an advisory body consisting of a mixture of senior ex-officio and nominated members.
Government
Government refers to the legislators, administrators, and arbitrators in the administrative bureaucracy who control a state at a given time, and to the system of government by which they are organized...
, a reserve power is a power that may be exercised 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...
without the approval of another branch of the government. Unlike a presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
of government, the head of state is generally constrained by the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
or the legislature
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...
, and most reserve powers are usable only in certain exceptional circumstances. The reserve powers of the President of Ireland are called discretionary powers.
Constitutional monarchies
Heads of state in countries with either an uncodified and partly unwritten constitution (such as the United KingdomUnited Kingdom
The 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...
) or a wholly written constitution that consists of a text augmented by additional conventions, traditions, letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
, etc. (such as Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
or Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
) generally have reserve powers.
Typically these powers are:
- to grant pardon;
- to dismiss a Prime Minister;
- to refuse to dissolveDissolution of parliamentIn parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
ParliamentParliamentA parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
; - to refuse or delay the Royal AssentRoyal AssentThe 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...
to legislation. To withhold the Royal Assent amounts to a vetoVetoA 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...
of a Bill. To reserve the Royal Assent in effect amounts to a decision neither to grant nor refuse assent, but to delay taking a decision for an undetermined period of time.
There are usually strict constitutional conventions concerning when these powers may be used, and these conventions are enforced by public pressure. Using these powers in contravention of tradition would generally provoke a constitutional crisis
Constitutional crisis
A constitutional crisis is a situation that the legal system's constitution or other basic principles of operation appear unable to resolve; it often results in a breakdown in the orderly operation of government...
.
Some political scientists believe that reserve powers are a good thing in that they allow for a government to handle an unforeseen crisis and that the use of convention to limit the use of reserve powers allows for more gradual and subtle constitutional evolution than is possible through formal amendment of a written constitution. Others believe that reserve powers are vestigial and potentially dangerous parts of a constitution.
Reserve powers often originate in situations in which the head of state begins with vast discretionary powers which over time become more difficult to execute in practice without provoking a constitutional crisis. As a society becomes more democratic, conventions and limitations on the power of the head of state become increasingly established and constitutional evolution occurs by establishing conventions rather than by formal amendment of the constitution. As a result, reserve powers often exist in the context of constitutional monarchies.
Commonwealth realms
Within the Commonwealth realms (or dominions) until the 1920s, most reserve powers were exercised by a governor-generalGovernor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
, on the advice of the British government, normally in the form of written instructions issued to him or her when they took office. After a 1926 Imperial Conference decision, however, the governors-general were no longer advised by the British government, but rather, by that of each individual state.
For example, the first Governor-General of the Irish Free State
Governor-General of the Irish Free State
The Governor-General was the representative of the King in the 1922–1937 Irish Free State. Until 1927 he was also the agent of the British government in the Irish state. By convention the office of Governor-General was largely ceremonial...
, Tim Healy
Timothy Michael Healy
Timothy Michael Healy, KC , also known as Tim Healy, was an Irish nationalist politician, journalist, author, barrister and one of the most controversial Irish Members of Parliament in the House of Commons of the United Kingdom of Great Britain and Ireland...
was instructed by the British Dominions Office in 1922 to withhold the Royal Assent on any Bill passed by the two houses of the Oireachtas
Oireachtas
The Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
(the Irish parliament) that attempted to change or abolish the Oath of Allegiance
Oath of Allegiance (Ireland)
The Irish Oath of Allegiance was a controversial provision in the Anglo-Irish Treaty of 1921, which Irish TDs and Senators were required to take, in order to take their seats in Dáil Éireann and Seanad Éireann .-Text of the Oath:The Oath was included in Article 17 of the Irish Free State's 1922...
. However no such Bill was introduced during Healy's period in office (1922–28). By the time the Oath was abolished, some years later, the Irish Governor-General was formally advised exclusively by the Irish government.
Australia
In 1953, prior to Queen Elizabeth II's first royal visit (also the first visit to Australia by its reigning monarch), it was planned for her to take part in various formal processes of her Australian government. However, the government's legal advisors discovered that the Constitution of AustraliaConstitution of Australia
The Constitution of Australia is the supreme law under which the Australian Commonwealth Government operates. It consists of several documents. The most important is the Constitution of the Commonwealth of Australia...
allowed only the governor-general to employ all of the powers vested in the Queen, with the exception of the power to appoint the governor-general him or herself. The Royal Powers Act 1953 was passed in order to address this, and enabled the Queen, when she was personally present in Australia, to exercise any power defined in an Act of the Australian parliament that is exercisable by her governor-general.
While the reserve power to dismiss a government has not been used in the United Kingdom since 1834, this power has been exercised more recently in Australia, on two occasions:
- On 13 May 1932, when GovernorGovernors of New South WalesThe Governor of New South Wales is the state viceregal representative of the Australian monarch, Queen Elizabeth II, who is equally shared with 15 other sovereign nations in a form of personal union, as well as with the eleven other jurisdictions of Australia, and resides predominantly in her...
Sir Philip GamePhilip GameAir Vice-Marshal Sir Philip Woolcott Game GCB, GCVO, GBE, KCMG, DSO was a British Royal Air Force commander, who later served as Governor of New South Wales and Commissioner of Police of the Metropolis...
dismissed the Government of New South WalesGovernment of New South WalesThe form of the Government of New South Wales is prescribed in its Constitution, which dates from 1856, although it has been amended many times since then...
. - On 11 November 1975, when the Australian Governor-General Sir John Kerr dismissed the Commonwealth GovernmentAustralian constitutional crisis of 1975The 1975 Australian constitutional crisis has been described as the greatest political crisis and constitutional crisis in Australia's history. It culminated on 11 November 1975 with the removal of the Prime Minister, Gough Whitlam of the Australian Labor Party , by Governor-General Sir John Kerr...
.
In both cases an election was held very soon afterwards and, again in both cases, the dismissed government was massively defeated by popular vote.
In Queensland, 1987, during a tense period of leadership succession, the Governor of Queensland, Sir Walter Campbell, exercised reserve power in declining to exercise vice-regal authority on the advice of the Premier, Joh Bjelke-Petersen
Joh Bjelke-Petersen
Sir Johannes "Joh" Bjelke-Petersen, KCMG , was an Australian politician. He was the longest-serving and longest-lived Premier of Queensland, holding office from 1968 to 1987, a period that saw considerable economic development in the state...
. Campbell initially refused to redistribute ministerial portfolios on the sole advice of the premier, who lacked the confidence of his cabinet. Subsequently, during a period when Queensland had a “Premier who is not leader” and the governing party had a “Leader who is not Premier”, there was speculation on the potential exercise of vice-regal reserve power by Campbell, in dismissing the premier in the absence of a parliamentary motion of no confidence
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
. Ultimately, Campbell was praised for his handling of the undesirable situation. (For more, see Walter Campbell (judge)#Governor.)
These are amongst several exercises of the reserve powers in Australia in the 20th century at state and federal levels.
Canada
As the Constitution Act, 1867Constitution Act, 1867
The Constitution Act, 1867 , is a major part of Canada's Constitution. The Act created a federal dominion and defines much of the operation of the Government of Canada, including its federal structure, the House of Commons, the Senate, the justice system, and the taxation system...
, vests all executive power in Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
in the nation's sovereign, the reserve powers belong to that figure. However, the same act specifically mandates that some executive power may be used only by the monarch's representative, the governor general
Governor General of Canada
The Governor General of Canada is the federal viceregal representative of the Canadian monarch, Queen Elizabeth II...
, and, in 1947, King George VI
George VI of the United Kingdom
George VI was King of the United Kingdom and the Dominions of the British Commonwealth from 11 December 1936 until his death...
issued letters patent
Letters patent
Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...
permitting the governor general "to exercise all powers and authorities lawfully belonging to Us [the King] in respect of Canada."
The reserve power of dismissal has never been used in Canada, although other reserve powers have been used to force the prime minister
Prime Minister of Canada
The Prime Minister of Canada is the primary minister of the Crown, chairman of the Cabinet, and thus head of government for Canada, charged with advising the Canadian monarch or viceroy on the exercise of the executive powers vested in them by the constitution...
to resign on two occasions: The first took place in 1896, when the prime minister, Sir Charles Tupper, refused to step down after his party did not win a majority of the House of Commons seats in the 1896 election
Canadian federal election, 1896
The Canadian federal election of 1896 was held on June 23, 1896 to elect members of the Canadian House of Commons of the 8th Parliament of Canada. Though the Conservative Party won a plurality of the popular vote, the Liberal Party, led by Wilfrid Laurier, won the majority of seats to form the...
, leading the governor general, the Earl of Aberdeen
John Hamilton-Gordon, 1st Marquess of Aberdeen and Temair
John Campbell Hamilton-Gordon, 1st Marquess of Aberdeen and Temair, KT, GCMG, GCVO, PC , known as The Earl of Aberdeen from 1870 to 1916, was a Scottish politician...
, to no longer recognize Tupper as prime minister and disapprove of several appointments Tupper had recommended. On the second occasion, which took place in 1925 and came to be known as the King-Byng Affair
King-Byng Affair
The King–Byng Affair was a Canadian constitutional crisis that occurred in 1926, when the Governor General of Canada, the Lord Byng of Vimy, refused a request by his prime minister, William Lyon Mackenzie King, to dissolve parliament and call a general election....
, Prime Minister William Lyon Mackenzie King
William Lyon Mackenzie King
William Lyon Mackenzie King, PC, OM, CMG was the dominant Canadian political leader from the 1920s through the 1940s. He served as the tenth Prime Minister of Canada from December 29, 1921 to June 28, 1926; from September 25, 1926 to August 7, 1930; and from October 23, 1935 to November 15, 1948...
, facing a non-confidence motion
Motion of no confidence
A motion of no confidence is a parliamentary motion whose passing would demonstrate to the head of state that the elected parliament no longer has confidence in the appointed government.-Overview:Typically, when a parliament passes a vote of no...
in the Commons chamber, advised
Advice (constitutional)
Advice, in constitutional law, is formal, usually binding, instruction given by one constitutional officer of state to another. Especially in parliamentary systems of government, Heads of state often act on the basis of advice issued by prime ministers or other government ministers...
the governor general, the Viscount Byng of Vimy
Julian Byng, 1st Viscount Byng of Vimy
Field Marshal Julian Hedworth George Byng, 1st Viscount Byng of Vimy was a British Army officer who served as Governor General of Canada, the 12th since Canadian Confederation....
, to dissolve
Dissolution of parliament
In parliamentary systems, a dissolution of parliament is the dispersal of a legislature at the call of an election.Usually there is a maximum length of a legislature, and a dissolution must happen before the maximum time...
the new parliament, but Byng refused.
No modern governor general has disallowed a bill, though provincial lieutenant governors
Lieutenant Governor (Canada)
In Canada, a lieutenant governor is the viceregal representative in a provincial jurisdiction of the Canadian monarch and head of state, Queen Elizabeth II, who resides predominantly in her oldest realm, the United Kingdom...
have.
The power to issue passports also remains under the Royal Prerogative in Canada. The terms for the issuing of passports by the Minister of Foreign Affairs on behalf of the Crown are set out in the Canadian Passport Order, issued by the Governor-in-Council under the Royal Prerogative. The Canadian government has used the Royal Prerogative on one occasion to deny passports to a Canadian citizen whom the United States government held, and released, from the American prison in the US Navy base at Guantanamo Bay. Abdurahman Khadr was denied a passport by the Canadian government. The Federal Court of Canada on judicial review quashed the Minister's refusal of a passport and ordered that the application be re-considered.
New Zealand
New Zealand's early Governors, the predecessors of today's Governors-GeneralGovernor-General of New Zealand
The Governor-General of New Zealand is the representative of the monarch of New Zealand . The Governor-General acts as the Queen's vice-regal representative in New Zealand and is often viewed as the de facto head of state....
, exercised considerable power, with exclusive authority over some matters such as foreign and Maori affairs. They also had a real choice in selecting premiers – parliaments of the period being composed of independent members who formed loose and shifting factions – and were not always obliged to act on the advice of their ministers. As New Zealand's political system matured, the Colonial Office
Colonial Office
Colonial Office is the government agency which serves to oversee and supervise their colony* Colonial Office - The British Government department* Office of Insular Affairs - the American government agency* Reichskolonialamt - the German Colonial Office...
increasingly instructed the Governors to follow the advice of local ministers, and the powers of the office have continually shrunk. Important remnants of these early powers remain. The Governor-General has a number of reserve powers, which he or she uses on behalf of Queen Elizabeth II. Sir Kenneth Keith
Kenneth Keith
Sir Kenneth James Keith, ONZ, KBE, QC is a New Zealand judge appointed to the International Court of Justice in November 2005....
describes the use of these powers as based on the principle that "The Queen reigns, but the government rules, so long as it has the support of the House of Representatives".
The most visible of these is the power to appoint a Prime Minister, and the related power to accept a Prime Minister's resignation. This power is exercised every time a general election results in a change of government, most recently in 2008. It may also be exercised if a Prime Minister loses the confidence of Parliament and resigns instead of advising a dissolution of Parliament; the last such occasion was in 1912. Finally, it may happen if a Prime Minister is manoeuvred out of his position by his own party, resigns for unrelated reasons, or dies in office. Though the power of appointment is listed among the reserve powers, in fact the Governor-General abides by strict conventions, and has always appointed the leader of the dominant party in the House of Representatives
New Zealand House of Representatives
The New Zealand House of Representatives is the sole chamber of the legislature of New Zealand. The House and the Queen of New Zealand form the New Zealand Parliament....
. The Governor-General retains the theoretical power to appoint as Prime Minister a member of the House of Representatives who clearly does not have the support of a majority of MPs, but no Governor-General has sought to use this power since New Zealand gained responsible government
Responsible government
Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...
, though some cabinets in the 19th century proved extremely short-lived. In earlier times, if a Prime Minister died, became incapacitated, or resigned unexpectedly, a Governor-General might be able to choose a temporary Prime Minister from among several senior ministers, while the governing party decided on a new leader who would then be duly appointed Prime Minister. Today, however, the practice of appointing – on Prime Ministerial advice – a permanent Deputy Prime Minister, who becomes acting Prime Minister when needed, has largely removed even this discretion from the Governor-General.
The remaining reserve powers are the power to dismiss a Prime Minister who has lost confidence of the House of Representatives; the ability to dissolve Parliament and call elections if a Prime Minister has lost the confidence of the House; the power to refuse a Prime Minister's request to dissolve Parliament and hold elections. The power to withhold 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...
to Bills of Parliament is controversial. Many constitutional commentators believe that the Governor-General (or the Sovereign) does not have the power to refuse Royal assent legislation in New Zealand - former law professor and Prime Minister Sir Geoffrey Palmer and Professor Matthew Palmer
Matthew Palmer
Matthew Simon Russell Palmer is a prominent New Zealand legal academic and public servant. Palmer was the Pro Vice-Chancellor , Dean of Law, and Director of the New Zealand Centre for Public Law at Victoria University of Wellington from January 2001 until June 2006. He was previously Deputy...
argue any refusal of Royal Assent would lead to a constitutional crisis. Others, such as Professor Philip Joseph, believe the Governor-General does retain the power to refuse Royal Assent to Bills in exceptional circumstances - such as the abolition of democracy. There have been a handful of occasions when reserve powers were used, or at least considered.
In the 1890s, Premier John Ballance
John Ballance
John Ballance served as the 14th Premier of New Zealand at the end of the 19th century, and was the founder of the Liberal Party .-Early life:...
advised that several new members be appointed to the (since abolished) Legislative Council
New Zealand Legislative Council
The Legislative Council of New Zealand was the upper house of the New Zealand Parliament from 1853 until 1951. Unlike the lower house, the New Zealand House of Representatives, the Legislative Council was appointed.-Role:...
. Two successive Governors, the Earl of Onslow
William Onslow, 4th Earl of Onslow
William Hillier Onslow, 4th Earl of Onslow GCMG, PC was a British Conservative politician. He held several governmental positions between 1880 and 1905 and was also Governor of New Zealand between 1889 and 1892....
and the Earl of Glasgow
David Boyle, 7th Earl of Glasgow
David Boyle, 7th Earl of Glasgow, GCMG was a Governor of New Zealand.-Royal Navy:Boyle served with the Royal Navy during the Crimean and Second Opium Wars...
, refused to make the appointments, until the Colonial Office intervened in Ballance's favour. This incident markedly reduced the discretionary powers of the Governor. Though these remained the same in law for the time being, later Governors and governments considered that there would be far fewer scenarios in which their use would be appropriate.
Almost a century later, in 1984, there was a brief constitutional crisis
1984 New Zealand constitutional crisis
The New Zealand constitutional crisis of 1984 was an important constitutional and political event in the history of New Zealand. The crisis arose following the 1984 general election, and was caused by a major currency crisis.-Background:...
. The outgoing Prime Minister, Sir Robert Muldoon, had just lost an election, but refused to advise the Governor-General, Sir David Beattie
David Beattie
-External links:*...
, to make urgent regulations desired by both the incoming Prime Minister, David Lange
David Lange
David Russell Lange, ONZ, CH , served as the 32nd Prime Minister of New Zealand from 1984 to 1989. He headed New Zealand's fourth Labour Government, one of the most reforming administrations in his country's history, but one which did not always conform to traditional expectations of a...
, and by many in Muldoon's own party and cabinet. At the time, the option of Beattie dismissing Muldoon and replacing him, without waiting for a formal resignation, was reportedly discussed. Muldoon eventually relented under pressure from his cabinet, making use of Beattie's reserve powers unnecessary.
United Kingdom
In the UK, the Monarch has numerous theoretical personal prerogatives. In practice however, with the exception of the appointment of a prime minister there are few circumstances in modern British government where these could be justifiably exercised; they have rarely been exercised in the last century. The monarch's personal prerogatives are:- To refuse to dissolve Parliament when requested by the Prime Minister. This was last reputedly considered in 1910, but George VGeorge V of the United KingdomGeorge V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 through the First World War until his death in 1936....
later changed his mind. See Lascelles PrinciplesLascelles PrinciplesThe Lascelles Principles are a constitutional convention in the United Kingdom under which the Sovereign could wisely refuse a request of the Prime Minister to dissolve Parliament, if the existing Parliament is "still vital, viable, and capable of doing its job", if "a General Election would be...
. - To appoint a Prime Minister of her [his] own choosing. This was last done in Britain in 1963 when Elizabeth II appointed Sir Alec Douglas-Home as Prime Minister, on the advice of outgoing Harold MacmillanHarold MacmillanMaurice Harold Macmillan, 1st Earl of Stockton, OM, PC was Conservative Prime Minister of the United Kingdom from 10 January 1957 to 18 October 1963....
. - To dismiss a Prime Minister and his or her Government on the Monarch's own authority. This was last done in Britain in 1834 by King William IV.
- To refuse the Royal AssentRoyal AssentThe 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...
, last exercised by Queen AnneAnne of Great BritainAnne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...
when she withheld Royal Assent from the Scottish Militia Bill 1708Scottish Militia Bill 1708The Scottish Militia Bill is the usual name given to a bill that was passed by the House of Commons and House of Lords of the Parliament of Great Britain in spring 1708, but vetoed by Queen Anne on the advice of her ministers on 11 March 1708 for fear that the proposed militia created would be...
. - To refuse the "Queen's [King's] Consent", where direct monarchical assent is required for a bill affecting, directly or by implication, the prerogative, hereditary revenues—including ultimus haeresUltimus haeresUltimus haeres is a concept in Scots law where if a person in Scotland who dies without leaving a will and has no blood relative who can be easily traced, the estate is claimed by the Queen's and Lord Treasurer's Remembrancer on behalf of the Crown.In England, the equivalent concept is called...
, treasure troveTreasure troveA treasure trove may broadly be defined as an amount of money or coin, gold, silver, plate, or bullion found hidden underground or in places such as cellars or attics, where the treasure seems old enough for it to be presumed that the true owner is dead and the heirs undiscoverable...
, and bona vacantiaBona vacantiaBona vacantia is a legal concept associated with property that has no owner. It exists in various jurisdictions, with consequently varying application, but with origins mostly in English law.-Canada:...
—or the personal property or interests of the Crown to be heard in Parliament. In 1999, Queen Elizabeth II, acting on the advice of the government, refused to signify her consent to the Military Action Against Iraq (Parliamentary Approval) BillMilitary Action Against Iraq (Parliamentary Approval) BillThe Military Action Against Iraq Bill was a private member's bill introduced into the United Kingdom House of Commons by Tam Dalyell MP under the Ten Minute Rule. It received its formal first reading on 26 January 1999. The bill sought to transfer the power to authorise military strikes against...
, which sought to transfer from the monarch to Parliament the power to authorise military strikes against Iraq.
These powers could be exercised in an emergency such as a constitutional crisis (such as surrounded the People's Budget
People's Budget
The 1909 People's Budget was a product of then British Prime Minister H. H. Asquith's Liberal government, introducing many unprecedented taxes on the wealthy and radical social welfare programmes to Britain's political life...
of 1909), or in wartime. They would also be very relevant in the event of a hung parliament
Hung parliament
In a two-party parliamentary system of government, a hung parliament occurs when neither major political party has an absolute majority of seats in the parliament . It is also less commonly known as a balanced parliament or a legislature under no overall control...
.
For example, in the hung parliament in 1974, the serving Prime Minister Edward Heath
Edward Heath
Sir Edward Richard George "Ted" Heath, KG, MBE, PC was a British Conservative politician who served as Prime Minister of the United Kingdom and as Leader of the Conservative Party ....
attempted to remain in power but was unable to form a working majority
Working majority
Working majority describes a parliamentary majority big enough for the party or faction in power to carry through most of its legislative programme without the risk of parliamentary defeat....
. The Queen then asked Harold Wilson
Harold Wilson
James Harold Wilson, Baron Wilson of Rievaulx, KG, OBE, FRS, FSS, PC was a British Labour Member of Parliament, Leader of the Labour Party. He was twice Prime Minister of the United Kingdom during the 1960s and 1970s, winning four general elections, including a minority government after the...
, leader of the Labour Party, which had the largest number of seats in the Commons but not an overall majority, to attempt to form a government. Subsequently Wilson asked that if the government were defeated on the floor of the House of Commons, the Queen would grant a dissolution, which she agreed to.
Belgium
In Belgium a constitutional provision explicitly states that no act of the Monarch is valid without the signature of (a) member(s) of the government, which thereby becomes solely responsible, hence excluding any reserve power for the crown. In legal terminology, a competence vested in 'the King' thus very often means the government, as opposed to formal laws which require a (sometimes qualified) parliamentary majority.Constitutional precedence has even established the unwritten but binding rule that the Monarch must give assent to any parliamentary decision, regardless of any other considerations (which can only be advanced in private audience with government members, not imposed), as soon as the government presents it for royal signature and thus assumes full political responsibility.
In 1990, when a law liberalising Belgium
Belgium
Belgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
's abortion laws was approved by parliament, King Baudouin refused to give his 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...
, only the second time in Belgium's history the monarch elected to do so. Instead, he requested that the cabinet declare him unable to reign for a day, which it did, thereby assuming the king's constitutional powers. All members of the government then signed the bill, passing it into law. The government declared that Baudouin was capable of reigning again the next day.
Japan
Unlike other constitutional monarchs, the Emperor of JapanEmperor of Japan
The Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
has no reserve powers. Following Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
's defeat in World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
, the emperor's role is defined in Chapter I of the 1947 Constitution of Japan
Constitution of Japan
The is the fundamental law of Japan. It was enacted on 3 May, 1947 as a new constitution for postwar Japan.-Outline:The constitution provides for a parliamentary system of government and guarantees certain fundamental rights...
, as decided by the foreign powers that had defeated Japan in the war. It states that the sovereignty of Japan rests with the people, not the emperor, and that the emperor is merely the symbol of the State and of the unity of the people.
Spain
The Spanish Constitution of 1978Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
does not specifically grant emergency powers to the government, though does state in Article 56 that the monarch "arbitrates and moderates the regular functioning of the institutions", and invests the monarch with the responsibility of overseeing that the forms of the constitution are observed. It is through this constitutional language that wider "reserve powers" are granted to the monarch. It is through this clause and his position as Commander in Chief of the Spanish Armed Forces that King Juan Carlos undermined the attempted 23-F
23-F
23-F was an attempted coup d'état in Spain that began on 23 February 1981 and ended on the following day. It is also known as El Tejerazo from the name of its most visible figure, Antonio Tejero, who led the failed coup's most notable event: the bursting into the Spanish Congress of Deputies by a...
military coup in 1981.
Title II, Articles 56
The King is Head of State, the symbol of its unity and permanence. He arbitrates and moderates the regular functioning of the institutions, assumes the highest representation of the Spanish State in international relations, especially with the nations of its historical community, and exercises the functions expressly conferred on him by the Constitution and the laws.
Title II, Articles 56
El Rey es el Jefe del Estado, símbolo de su unidad y permanencia, arbitra y modera el funcionamiento regular de las instituciones, asume la más alta representación del Estado español en las relaciones internacionales, especialmente con las naciones de su comunidad histórica, y ejerce las funciones que le atribuyen expresamente la Constitución y las leyes.
The Spanish Constitution of 1978, Title II The Crown, Article 62, delineates the powers of the king, while Title IV Government and Administration, Article 99, defines the king's role in government. Title VI Judicial Power, Article 117, Articles 122 through 124, outlines the king's role in the country's independent judiciary. However, by constitutional convention
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
established by Juan Carlos I, the king exercises his prerogatives having solicited government advice while maintaining a politically non-partisan and independent monarchy. Receiving government advice does not necessarily bind the monarch into executing the advice, except where prescribed by the constitution.
It is incumbent upon the King:
- a. To Sanction and promulgate the laws
- b. To summon and dissolve the Cortes Generales
Cortes GeneralesThe Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...
and to call for elections under the terms provided for in the Constitution.- c. To Call for a referendum in the cases provided for in the Constitution.
- e. To appoint and dismiss members of the Government on the President of the Government
Prime Minister of SpainThe President of the Government of Spain , sometimes known in English as the Prime Minister of Spain, is the head of Government of Spain. The current office is established under the Constitution of 1978...
's proposal.- f. To issue the decrees approved in the Council of Ministers
Council of Ministers of SpainThe Cabinet of Spain is a collegiate body composed of the President of the Government , Vice Presidents when existing and the Ministers, and any other member required by law, and in some cases Secretaries of State...
, to confer civil and military honours and distinctions in conformity with the law.- g. To be informed of the affairs of State and, for this purpose, to preside over the meetings of the Council of Ministers whenever, he sees fit, at the President of the Government's request.
- h. To exercise supreme command of the Armed Forces
Spanish Armed ForcesThe Spanish Armed Forces are the military forces of the Kingdom of Spain. The Spanish Armed Forces are a modern military force charged with defending the Kingdom's integrity and sovereignty...- i. To exercise the right of clemency in accordance with the law, which may not authorize general pardons.
- j. To exercise the High Patronage of the Royal Academies.
Once a General Election
Elections in Spain
There are four types of elections in Spain: general elections, elections to the legislatures of the autonomous communities, local elections and elections to the European Parliament...
has been announced by the king, political parties nominate their candidates to stand for the presidency of the government.
Following the General Election of the Cortes Generales
Cortes Generales
The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...
(Cortes), and other circumstances provided for in the constitution, the king meets with and interviews the political party leaders represented in the Congress of Deputies, and then consults with the Speaker of the Congress of Deputies (officially, Presidente de Congreso de los Diputados de España, who, in this instance, represents the whole of the Cortes Generales) before nominating his candidate for the presidency, according to Section 99 of Title IV. Often minor parties form part of a larger major party, and through that membership it can be said that the king fulfills his constitutional mandate of constulting with party represenitives with Congressional representation.
Title IV Government and Administration
Section 99(1) & (2)
- (1) After each renewal of the Congress and the other cases provided for under the Constitution, the King shall, after consultation with the representatives appointed by the political groups with parliamentary representation, and through the Speaker of the Congress, nominate for the Presidency of the Government.
- (2) The candidate nominated in accordance with the provisions of the foregoing subsection shall submit to the Congress the political program of the Government he or she intends to form and shall seek the confidence of the House.
Artículo 99.
- 1. Después de cada renovación del Congreso de los Diputados, y en los demás supuestos constitucionales en que así proceda, el Rey, previa consulta con los representantes designados por los grupos políticos con representación parlamentaria, y a través del Presidente del Congreso, propondrá un candidato a la Presidencia del Gobierno.
- 2. El candidato propuesto conforme a lo previsto en el apartado anterior expondrá ante el Congreso de los Diputados el programa político del Gobierno que pretenda formar y solicitará la confianza de la Cámara.
The Spanish Constitution of 1978
Spanish Constitution of 1978
-Structure of the State:The Constitution recognizes the existence of nationalities and regions . Preliminary Title As a result, Spain is now composed entirely of 17 Autonomous Communities and two autonomous cities with varying degrees of autonomy, to the extent that, even though the Constitution...
explicitly says the king is not subject to any responsibility but his acts to be valid must be endorsed by the Government and will not be valid without such an endorsement. The only exception is that the king is free to appoint and remove the members of his private and military advisors (Casa Real).
Title IV of the Constitution invests the sanction (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...
) and promulgation (publication) of the laws with the king, while Title III The Cortes Generals, Chapter 2 Drafting of Bills outlines the method bills are passed. According to Article 91, within fifteen days that a bill has been passed by the Cortes Generales, the king shall give his assent and publish the new law. Article 92 invests the king with the right to call for referendum on the advice of the president and the previous authorization of Congress.
No provision within the constitution invests the king with the ability to veto legislation directly, however no provision prohibits the king from withholding royal assent, effectively a veto. When the media asked King Juan Carlos
Juan Carlos I of Spain
Juan Carlos I |Italy]]) is the reigning King of Spain.On 22 November 1975, two days after the death of General Francisco Franco, Juan Carlos was designated king according to the law of succession promulgated by Franco. Spain had no monarch for 38 years in 1969 when Franco named Juan Carlos as the...
if he would endorse the bill legalizing gay marriages
Same-sex marriage in Spain
Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples...
, he answered "Soy el Rey de España y no el de Bélgica" ("I am the King of Spain, not of Belgium") a reference to King Baudouin I of Belgium who had refused to sign the Belgian law legalising abortion
Abortion
Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...
. The King gave his Royal Assent to Law 13/2005 on 1 July 2005; the law was 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...
d in the Boletín Oficial del Estado
Boletín Oficial del Estado
The Boletín Oficial del Estado , Spanish for Official Bulletin of the State, is the official gazette of the Government of Spain. It publishes the laws of the Cortes Generales and the dispositions of the Autonomous Communities...
on 2 July, and came into effect on 3 July 2005.
Republics
Reserve powers can also be written into a republican constitution that separates the offices of Head of StateHead 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 Head of Government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. This was the case in Germany under the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
, and is still the case in the French Fifth Republic
French Fifth Republic
The Fifth Republic is the fifth and current republican constitution of France, introduced on 4 October 1958. The Fifth Republic emerged from the collapse of the French Fourth Republic, replacing the prior parliamentary government with a semi-presidential system...
, the Italian
Italy
Italy , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
republic, and the Republic of Ireland
Ireland
Ireland is an island to the northwest of continental Europe. It is the third-largest island in Europe and the twentieth-largest island on Earth...
. Reserve powers may include, for instance, the right to issue emergency legislation or regulation bypassing the normal processes. In most states, the head of state's ability to exercise reserve powers is explicitly defined and regulated by the text of the constitution.
Bangladesh
The President of BangladeshPresident of Bangladesh
Since 1991, the President of Bangladesh is the head of state, a largely ceremonial post elected by the parliament. Since 1996, the President's role becomes more important after the term of the government has finished, when his executive authority is enhanced as laid down in the constitution of the...
must consult with the Prime Minister
Prime Minister of Bangladesh
The Prime Minister of the People's Republic of Bangladesh is the Head of the Government of Bangladesh. The Prime Minister and the Cabinet are collectively accountable for their policies and actions to the Jatiya Sangsad Parliament, to their political party and ultimately to the electorate...
for all decisions except the appointment of the Prime Minister and the Chief Justice. However, the President has the authority to dissolve the government or parliament, grant pardon to criminals, block bills/budgets by the legislature or declare emergency.
During the regime of the caretaker government
Caretaker government
Caretaker government is a type of government that rules temporarily. A caretaker government is often set up following a war until stable democratic rule can be restored, or installed, in which case it is often referred to as a provisional government...
, the President's power expands dramatically; effectively, he doesn't remain a ceremonial head anymore.
France
Article 16 of the Constitution of FranceConstitution of France
The current Constitution of France was adopted on 4 October 1958. It is typically called the Constitution of the Fifth Republic, and replaced that of the Fourth Republic dating from 1946. Charles de Gaulle was the main driving force in introducing the new constitution and inaugurating the Fifth...
allows the President of the Republic to exercise exceptional powers in case of a national emergency. During this time, the President may not use his prerogative to dissolve the National Assembly
French National Assembly
The French National Assembly is the lower house of the bicameral Parliament of France under the Fifth Republic. The upper house is the Senate ....
and call early elections. He must still consult the Prime Minister, the leaders of both houses of Parliament and the Constitutional Council
Constitutional Council of France
The Constitutional Council is the highest constitutional authority in France. It was established by the Constitution of the Fifth Republic on 4 October 1958, and its duty is to ensure that the principles and rules of the constitution are upheld.Its main activity is to rule on whether proposed...
.
The inspiration for this disposition in the Constitution was the institutional chaos and lack of government authority which contributed to the French debacle in the Battle of France
Battle of France
In the Second World War, the Battle of France was the German invasion of France and the Low Countries, beginning on 10 May 1940, which ended the Phoney War. The battle consisted of two main operations. In the first, Fall Gelb , German armoured units pushed through the Ardennes, to cut off and...
in 1940. On a larger scale, this is consistent with a tradition of the Roman Republic
Roman Republic
The Roman Republic was the period of the ancient Roman civilization where the government operated as a republic. It began with the overthrow of the Roman monarchy, traditionally dated around 508 BC, and its replacement by a government headed by two consuls, elected annually by the citizens and...
(which has always been an inspiration for the successive French Republics), to give six months of dictatorial power to a citizen in case of an imminent danger of invasion.
Article 16 rule has only been exercised once, in 1961, during a crisis related to the Algerian War in which Charles de Gaulle
Charles de Gaulle
Charles André Joseph Marie de Gaulle was a French general and statesman who led the Free French Forces during World War II. He later founded the French Fifth Republic in 1958 and served as its first President from 1959 to 1969....
needed those emergency powers to foil a military plot to take over the government. In 1962, the Council of State ruled itself incompetent to judge measures of a legislative nature issued by the President under Article 16.
In his book, Le Coup d'État permanent (The Permanent Coup
Coup d'état
A coup d'état state, literally: strike/blow of state)—also known as a coup, putsch, and overthrow—is the sudden, extrajudicial deposition of a government, usually by a small group of the existing state establishment—typically the military—to replace the deposed government with another body; either...
), François Mitterrand
François Mitterrand
François Maurice Adrien Marie Mitterrand was the 21st President of the French Republic and ex officio Co-Prince of Andorra, serving from 1981 until 1995. He is the longest-serving President of France and, as leader of the Socialist Party, the only figure from the left so far elected President...
criticized Article 16 for allowing an ambitious politician the opportunity to become a dictator. However, he made no move to put away his reserve powers after he himself became President.
Germany
The Basic LawBasic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
(i.e. the German constitution) of the Federal Republic of Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
strictly limits the reserve powers available to the President to prevent the situation in which the executive could effectively rule without legislative approval, which was the case in the Weimar Republic
Weimar Republic
The Weimar Republic is the name given by historians to the parliamentary republic established in 1919 in Germany to replace the imperial form of government...
. In particular, he cannot rule by decree
Rule by decree
Rule by decree is a style of governance allowing quick, unchallenged creation of law by a single person or group, and is used primarily by dictators and absolute monarchs, although philosophers such as Giorgio Agamben have argued that it has been generalized since World War I in all modern states,...
and he can only dissolve the Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
(parliament) if the Chancellor loses a motion of confidence and asks the President to do so.
The German President has exercised this right three times since the founding of the Federal Republic in 1949. President Gustav Heinemann
Gustav Heinemann
Gustav Walter Heinemann, GCB was a German politician. He was Mayor of the city of Essen from 1946 to 1949, West German Minister of the Interior from 1949 to 1950, Minister of Justice from 1966 to 1969 and President of the Federal Republic of Germany from 1969 to 1974.-Early years and professional...
dissolved the Bundestag at the request of Chancellor Willy Brandt
Willy Brandt
Willy Brandt, born Herbert Ernst Karl Frahm , was a German politician, Mayor of West Berlin 1957–1966, Chancellor of West Germany 1969–1974, and leader of the Social Democratic Party of Germany 1964–1987....
in 1972, and in 1982 President Karl Carstens
Karl Carstens
Karl Carstens was a German politician. He served as President of the Federal Republic of Germany from 1979 to 1984.-Biography:...
did so at the request of Chancellor Helmut Kohl
Helmut Kohl
Helmut Josef Michael Kohl is a German conservative politician and statesman. He was Chancellor of Germany from 1982 to 1998 and the chairman of the Christian Democratic Union from 1973 to 1998...
. Both Brandt and Kohl were reelected with larger majorities. Most recently, on 1 July 2005, President Horst Köhler
Horst Köhler
Horst Köhler is a German politician of the Christian Democratic Union. He was President of Germany from 2004 to 2010. As the candidate of the two Christian Democratic sister parties, the CDU and the CSU, and the liberal FDP, Köhler was elected to his first five-year term by the Federal Assembly on...
dissolved the Bundestag at the request of Chancellor Gerhard Schröder
Gerhard Schröder
Gerhard Fritz Kurt Schröder is a German politician, and was Chancellor of Germany from 1998 to 2005. A member of the Social Democratic Party of Germany , he led a coalition government of the SPD and the Greens. Before becoming a full-time politician, he was a lawyer, and before becoming Chancellor...
. Schröder expectedly lost the election
German federal election, 2005
German federal elections took place on 18 September 2005 to elect the members of the 16th German Bundestag, the federal parliament of Germany. They became necessary after a motion of confidence in Chancellor Gerhard Schröder failed on 1 July...
that followed and thus made way for a new government.
The wide use of sweeping reserve powers by Adolf Hitler
Adolf Hitler
Adolf Hitler was an Austrian-born German politician and the leader of the National Socialist German Workers Party , commonly referred to as the Nazi Party). He was Chancellor of Germany from 1933 to 1945, and head of state from 1934 to 1945...
, contained in Article 48 of the Weimar Constitution, has often been cited as an important factor in the failure of the Weimar Republic and the decisive attainment of totalitarian power by Nazism
Nazism
Nazism, the common short form name of National Socialism was the ideology and practice of the Nazi Party and of Nazi Germany...
in Germany in the 1930s.
The German President has the right to refuse his signature to laws passed by the parliament in certain circumstances. These may be formal errors in the law-making process or violations of the Basic Law
Basic Law for the Federal Republic of Germany
The Basic Law for the Federal Republic of Germany is the constitution of Germany. It was formally approved on 8 May 1949, and, with the signature of the Allies of World War II on 12 May, came into effect on 23 May, as the constitution of those states of West Germany that were initially included...
inherent to the new law. This reserve power has been used 8 times till the end of 2008. see the German Wikipedia entry :de:Bundespräsident (Deutschland)
The German President nominates the first candidate for Chancellor put to vote in the Bundestag
Bundestag
The Bundestag is a federal legislative body in Germany. In practice Germany is governed by a bicameral legislature, of which the Bundestag serves as the lower house and the Bundesrat the upper house. The Bundestag is established by the German Basic Law of 1949, as the successor to the earlier...
. However, the President thus far has always nominated the candidate of the winning party.
The German President has the right to pardon criminals for federal crimes with the countersignature of a member of the cabinet. The refusal of a pardon does not need a countersignature.
Italy
The President of the Italian RepublicPresident of the Italian Republic
The President of the Italian Republic is the head of state of Italy and, as such, is intended to represent national unity and guarantee that Italian politics comply with the Constitution. The president's term of office lasts for seven years....
's powers are defined by articles 87 through 90 of the Constitution of Italy
Constitution of Italy
The Constitution of the Italian Republic was enacted by the Constituent Assembly on 22 December 1947, with 453 votes in favour and 62 against. The text, which has since been amended 13 times, was promulgated in the extraordinary edition of Gazzetta Ufficiale No. 298 on 27 December 1947...
. The President:
- can send official messages to the chambers of ParliamentParliament of ItalyThe Parliament of Italy is the national parliament of Italy. It is a bicameral legislature with 945 elected members . The Chamber of Deputies, with 630 members is the lower house. The Senate of the Republic is the upper house and has 315 members .Since 2005, a party list electoral law is being...
; - appoints the prime minister;
- may appoint up to five senators for lifeSenator for lifeA senator for life is a member of the senate or equivalent upper chamber of a legislature who has life tenure. , 7 Italian Senators out of 322, 4 out of the 47 Burundian Senators and all members of the British House of Lords have lifetime tenure...
; - appoints a third of the judges of the Constitutional CourtConstitutional Court of ItalyThe Constitutional Court of Italy is a supreme court of Italy, the other being the Court of Cassation. Sometimes the name Consulta is used as a metonym for it, because its sessions are held in Palazzo della Consulta in Rome....
; - can grant pardonPardonClemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
s and commutations of sentencesCommutation of sentenceCommutation of sentence involves the reduction of legal penalties, especially in terms of imprisonment. Unlike a pardon, a commutation does not nullify the conviction and is often conditional. Clemency is a similar term, meaning the lessening of the penalty of the crime without forgiving the crime...
; - can call for new elections for both or only one of the chambers, except during the last six months of his term.
The president can refuse to sign laws he deems clearly against the Constitution, while less obvious cases are dealt later on by the Constitutional Court. If the rejected law is passed again by a majority in the parliament, however, the president must sign it.
Ireland
The President of IrelandPresident of Ireland
The President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
does not possess executive powers: executive powers are held by the Government, which is headed by a Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
(Prime Minister), who is chosen by and accountable to Dáil Éireann
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
(Chamber of Deputies).
The President's powers are principally defined by Article 13 of the Constitution of Ireland
Constitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. For the most part, these ceremonial duties may be performed only on the authority, and with the binding advice, of the Government.
However, the President has certain reserve powers, also known as "discretionary powers" in Ireland, which can be exercised by the President at his or her discretion - without, or even contrary to, the Government's advice.
The two most politically important discretionary powers are:
(i) Refusing to dissolve the Dáil
Dáil Éireann
Dáil Éireann is the lower house, but principal chamber, of the Oireachtas , which also includes the President of Ireland and Seanad Éireann . It is directly elected at least once in every five years under the system of proportional representation by means of the single transferable vote...
on the advice of a Taoiseach
Taoiseach
The Taoiseach is the head of government or prime minister of Ireland. The Taoiseach is appointed by the President upon the nomination of Dáil Éireann, the lower house of the Oireachtas , and must, in order to remain in office, retain the support of a majority in the Dáil.The current Taoiseach is...
who has lost the confidence of the Dáil.
(ii) Referring legislation to the Supreme Court.
The first of these means that a Taoiseach who has been defeated by a vote of no-confidence cannot automatically expect to appeal to the people by calling a general election. The question of whether or not the Taoiseach has lost the confidence of the Dáil could be a discretionary matter for the President to decide - in principle, the President could refuse to dissolve the Dáil on the advice of a Taoiseach who has not yet been defeated in a vote of no-confidence, but who appears likely to be defeated were such a vote to be held. This power has not so far been used, but it could be a crucial power in the event of the collapse of a governing coalition.
By the second of these powers, the President may refuse to assent to legislation passed by Parliament when he or she considers it to be unconstitutional. The President refers the matter to the Supreme Court, which makes the final decision. This power has been used several times by various Presidents.
In addition to these powers, the President has various other discretionary powers in the Constitution, which are of lesser political significance (in normal circumstances). The President may decide to call a referendum on legislation "of great national significance". This power, granted by Article 27 of the Constitution, has not so far been used. The President cannot initiate a referendum, but must wait for an application by a majority of the Seanad (Senate) and one-third of the Dáil. Generally, owing to the way in which the Seanad is elected, the Government's coalition controls a majority of the seats, and strong party discipline means that Senators rarely go against their own party, so getting Seanad support for a referendum is difficult. If the Seanad were to be reformed, this power could potentially become much more significant. Similarly, the President has a latent role in resolving disputes between the Dáil and the Seanad. The President may convene a special committee to resolve questions of privilege between the Dáil and the Seanad with regard to Money Bills, and with regard to speeding the passage of urgent bills through the Seanad. Again, owing to the method by which the Seanad is elected, disputes of this nature tend not to emerge in practice.
The exercise of these powers is entirely at the President's discretion, for which the President is neither legally nor politically responsible. However, prior to their exercise, the President is bound, in most cases, to consult the Council of State
Council of State
The Council of State is a unique governmental body in a country or subdivision thereoff, though its nature may range from the formal name for the cabinet to a non-executive advisory body surrounding a head of state. It is sometimes regarded as the equivalent of a privy council.-Modern:*Belgian...
, an advisory body consisting of a mixture of senior ex-officio and nominated members.
See also
- Westminster systemWestminster SystemThe Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
- Separation of powersSeparation of powersThe separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
of state into separate branches, normally an executiveExecutive (government)Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, a legislatureLegislatureA 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...
, and a judiciaryJudiciaryThe judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes... - Eugene ForseyEugene ForseyEugene Alfred Forsey, served in the Canadian Senate from 1970 to 1979. He was considered to be one of Canada's foremost constitutional experts.- Biography :...
- H.V. Evatt
- Zelman CowenZelman CowenSir Zelman Cowen, was the 19th Governor-General of Australia. He is currently the oldest living former Governor-General of Australia.-Early life:...
- Donald MarkwellDonald MarkwellFor the Montgomery, Alabama, talk radio personality, Don Markwell, see Don Markwell Professor Donald John 'Don' Markwell is an Australian social scientist and college president...
- George WintertonGeorge WintertonGeorge Graham Winterton was Professor of Constitutional Law at the University of Sydney. Prior to his appointment to Sydney University in 2004, he taught for over 28 years at the University of New South Wales...