The granting of
Royal Assent is the formal method by which a
constitutional monarchA constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a written , unwritten or blended constitution...
completes the legislative process of lawmaking by formally assenting to an
Act of ParliamentAn act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament....
. While the power to
withhold Royal AssentA veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation. In practice, the veto can be absolute A veto, Latin for "I forbid", is used to denote that a certain party has the right to stop unilaterally a piece of legislation....
was once exercised often, it is exceedingly rare in the modern, democratic political atmosphere that has developed since the 18th century. The power to withhold Assent remains as one of the
reserve powerIn 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...
s of the monarch. The British practice of withholding royal assent was adapted by the United States as the Presidential veto.
The granting of the Royal Assent is sometimes associated with elaborate ceremonies. In the United Kingdom, the Sovereign may appoint
Lords CommissionersThe Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament, including the opening and prorogation of Parliament, the confirmation of a newly elected Speaker of the House of Commons and the...
, who announce that Royal Assent has been granted at a ceremony held at the
Palace of WestminsterThe Palace of Westminster, also known as the Houses of Parliament, is the seat of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...
,
Buckingham PalaceBuckingham Palace is the official London residence of the British monarch. Located in the City of Westminster, the palace is a setting for state occasions and royal hospitality...
, or another royal residence. However Royal Assent is usually granted less ceremonially by
letters patentLetters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, monopoly, title, or status to a person or to some entity such as a corporation. The opposite of letters patent are letters close , which are personal in nature...
. In other nations, including Australia and Canada, the
Governor-GeneralA governor-general, also known as governor general, is a vice-regal representative of a monarch in an independent realm or a major colonial circonscription...
merely signs the bill. In each case, the Parliament must be apprised of the granting of Assent. Two methods are available: the Lords Commissioners or the Sovereign's representatives may grant Assent in the presence of both Houses of Parliament; alternatively, each House may be notified separately, usually by the Speaker of that house.
United Kingdom
In the
United KingdomThe United Kingdom of Great Britain and Northern Ireland is a sovereign state located off the northwestern coast of continental Europe. It is an island country, spanning an archipelago including Great Britain, the northeastern part of Ireland, and many small islands...
the Royal Assent is a
constitutional conventionAlternative meaning: Constitutional convention A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state...
whereby assent to legislation is granted by the
SovereignThe Monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
. Once a bill is presented to the Sovereign or the Sovereign's representative, he or she has three formal options. Firstly, the Sovereign may
grant the Royal Assent, thereby making the bill an Act of Parliament. Secondly, the Sovereign may
withhold the Royal Assent, thereby vetoing the bill. Finally, the Sovereign may
reserve the Royal Assent, that is to say, defer a decision on the bill until a later time.
Under modern constitutional conventions, the Sovereign acts on the advice of his or her ministers. Since these ministers most often maintain the support of Parliament and are the ones who obtain the passage of bills, it is highly improbable that they would advise the Sovereign to withhold Assent. An exception is sometimes stated to be if bills are not passed in "good faith", though it has been difficult to make an interpretation on what this might constitute. Hence, in modern practice, the Royal Assent is always granted; a refusal to do so would only be appropriate in an emergency situation requiring the use of the monarch's
reserve powerIn 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...
s.
Historical development
Originally, legislative power was held by the Sovereign, acting on the advice of the
Curia RegisCuria regis is a Latin term meaning "royal council" or "king's court."- England :The Curia Regis, in the Kingdom of England, was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters...
, or Royal Council, in which important magnates and clerics participated, and which evolved into Parliament. The so-called "Model Parliament" included bishops, abbots, earls, barons, and two knights from each
shireA shire is a traditional division found in the United Kingdom, Ireland and in Australia.In Britain, "shire" is the original term for what is usually known as a county; the word county having been introduced at the Norman Conquest. The two are synonymous...
and two burgesses from each
boroughA borough is an administrative division of various countries. In principle, the term borough designates a self-governing township although, in practice, official use of the term varies widely....
amongst it members. In 1265, the rebellious baron
Simon de Montfort, 6th Earl of LeicesterSimon de Montfort, 6th Earl of Leicester , was a French-English nobleman, notable as the principal leader of the baronial opposition to King Henry III of England. After the rebellion of 1263 and 1264, de Montfort became de facto ruler of England and called the first directly elected parliament in...
, irregularly called a full parliament without royal authorisation. The body eventually came to be divided into two branches: bishops, abbots, earls and barons formed the
House of LordsThe House of Lords is the upper house of the Parliament of the United Kingdom and is also commonly referred to as "the Lords". Parliament comprises the Sovereign, the House of Commons , and the Lords...
, while the shire and borough representatives formed the
House of CommonsThe House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 646 members, who are known as "Members...
. The King would seek the advice and consent of both Houses before making any law. During
Henry VIHenry VI was King of England 1422–1461 and again from 1470 to 1471, and King of France from 1422 to 1453. Until 1437, his realms were governed by regents. Contemporaneously, he was described as a peaceful and pious man, not suited for the harsh nature of the struggles facing him...
's reign, it became regular practice for the two Houses to originate legislation in the form of bills, which would not become law unless the Sovereign's Assent was obtained, as the Sovereign was, and still remains, the enactor of laws. Hence, all Acts include the clause: "Be it enacted by the Queen's (King's) most Excellent Majesty, by and with the advice and consent of the
Lords SpiritualThe Lords Spiritual of the United Kingdom, also called Spiritual Peers, are the 26 bishops of the established Church of England who serve in the House of Lords along with the Lords Temporal. The established Church of Scotland, which is Presbyterian in polity, is not represented by spiritual peers...
and
TemporalThe Peerage is a system of titles in the United Kingdom, which represents the upper ranks of British nobility and is part of the British honours system. The term is used both collectively to refer to the entire body of titles, and individually to refer to a specific title...
, and Commons, in this present Parliament assembled, and by the authority of the same, as follows...". The Parliament Acts 1911 and 1949 provide a second potential preamble if the House of Lords is excluded from the process.
The power of Parliament to pass bills was often thwarted by monarchs.
Charles ICharles I, , the second son of James VI of Scotland and I of England, was King of England, Scotland and Ireland from 27 March 1625 until his execution. Charles famously engaged in a struggle for power with the Parliament of England...
dissolved Parliament in 1629 after it passed bills seeking to restrict, and motions critical of, his arbitrary exercise of power. During the "Eleven Years of Tyranny" that followed, Charles performed legally dubious actions, such as raising taxes without Parliament's approval. After the
English Civil WarThe English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists. The first and second civil wars pitted the supporters of King Charles I against the supporters of the Long Parliament, while the third war saw fighting between supporters of...
, it was accepted that Parliament should be summoned to meet regularly, but it was still commonplace for monarchs to refuse the Royal Assent to bills. In 1678,
Charles IICharles II was the King of England, Scotland, and Ireland.Charles II's father King Charles I was executed at Whitehall on 30 January 1649, at the climax of the English Civil War. The English Parliament did not proclaim Charles II king at this time. Instead they passed a statute making such a...
withheld his Assent from a bill "for preserving the Peace of the Kingdom by raising the Militia, and continuing them in Duty for Two and Forty Days," suggesting that he—not Parliament—should control the
militiaThe term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...
. The last Stuart monarch,
AnneAnne became Queen of England, Scotland and Ireland on 8 March 1702, succeeding her brother-in-law, William III of England and II of Scotland...
, similarly withheld, on the advice of her ministers, her Assent from a bill "
for the settling of Militia in ScotlandThe 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 11 March 1708 for fear that the proposed militia created would be disloyal.The bill's long title was...
" on 11 March 1708, but no monarch since has withheld the Royal Assent on a bill passed by the British Parliament.
During the rule of the succeeding
Hanoverian dynastyThe House of Hanover is a Germanic royal dynasty which has ruled the Duchy of Brunswick-Lüneburg , the Kingdom of Hanover and the Kingdom of Great Britain and the Kingdom of Ireland. It succeeded the House of Stuart as monarchs of Great Britain and Ireland in 1714 and held that office until the...
, power was gradually transferred from the Sovereign to Parliament and the Government. The first Hanoverian monarch,
George IGeorge I was King of Great Britain and Ireland from 1 August 1714 until his death, and ruler of Hanover in the Holy Roman Empire from 1698....
, who spoke no English and preferred to concentrate on his German possessions, relied on his ministers to a greater extent than previous monarchs. Later Hanoverian monarchs attempted to restore royal control over legislation.
George IIIGeorge III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...
and
George IVGeorge IV was the king of Hanover and the United Kingdom of Great Britain and Ireland from the death of his father, George III, on 29 January 1820 until his own death ten years later...
both openly opposed
Catholic EmancipationCatholic Emancipation or Catholic Relief, was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the Penal Laws...
; an attempt to abolish the religious restrictions which prevented Roman Catholics from serving in certain public posts. Both asserted that to grant Assent to a Catholic Emancipation bill would violate the
coronation oathThe Coronation of the British Monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...
, which required the Sovereign to preserve and protect the established
Church of EnglandThe Church of England is the officially established Christian church in England, the Mother Church of the worldwide Anglican Communion and the oldest among the communion's thirty-eight independent national and regional churches...
from Papal domination, and would grant rights to individuals who were in league with a foreign power which didn't recognize their legitimacy. George IV, however, reluctantly granted his Assent upon the advice of his ministers. Thus, as the concept of ministerial responsibility has evolved, the power to withhold the Royal Assent has fallen into disuse, both in the United Kingdom and in the Commonwealth Realms.
In 1914,
George VGeorge V was King of the United Kingdom and the British Dominions, and Emperor of India, from 1910 through World War I until his death in 1936...
did take legal advice on withholding the Royal Assent from the
Government of Ireland BillThe Home Rule Act of 1914, also known as the Third Home Rule Bill, and formally known as the Government of Ireland Act 1914 The Home Rule Act of 1914, also known as the (Irish) Third Home Rule Bill, and formally known as the Government of Ireland Act 1914 The Home Rule Act of 1914, also known as...
, a highly contentious piece of legislation that the
LiberalThe Liberal Party was one of the two major British political parties from the mid 19th century until the rise of the Labour Party in the 1920s, and a third party of varying strength and importance up to 1988, when it merged with the Social Democratic Party to form a new party which would become...
government intended to push through parliament by means of the
Parliament Act 1911The Parliament Act 1911 was an Act of the Parliament of the United Kingdom of Great Britain and Ireland .This Act is to be construed as one with the Parliament Act 1949...
. The King decided that he should not withhold the Assent without "convincing evidence that it would avert a national disaster, or at least have a tranquillizing effect on the distracting conditions of the time."
There is a situation, however, in which a more direct monarchical assent is required for a bill. This is not Royal Assent, but is termed
Queen's Consent. In order for a bill affecting, directly or by implication, the
prerogativeThe Royal Prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the Sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, hereditary revenues —including
ultimus 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 troveA treasure trove may broadly be defined as an amount of gold, silver, gemstones, money, jewellery, or any valuable collection 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...
, and
bona vacantiaBona vacantia is a common law doctrine in the United Kingdom under which ownerless property passes by law to the Crown...
— or the personal property or interests of the Crown to be heard in Parliament, the monarch must first consent to its hearing. On rare occasions, such as for the
House of Lords Act 1999The House of Lords Act 1999 was an Act of the Parliament of the United Kingdom that was given Royal Assent on 11 November 1999. It was a major constitutional enactment that greatly reformed the House of Lords, one of the chambers of Parliament. For centuries, the House of Lords had included...
, the consent of the
Prince of WalesPrince of Wales is a title traditionally granted to the Heir Apparent to the reigning monarch of the United Kingdom of Great Britain and Northern Ireland...
, as Prince and Steward of Scotland, or as
Duke of CornwallThe Dukedom of Cornwall was the first dukedom created in the peerage of England.The present Duke of Cornwall is The Prince of Wales, the eldest son of Queen Elizabeth II, the reigning British monarch .-History:...
, must also be obtained where a Bill affects his interests. This is known as Prince's Consent.
In 1999, Queen Elizabeth II, acting on the advice of the government, refused to signify her consent to hearing of the
Military 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 authorize military strikes against Iraq. Due to the
CrownThe Crown is a corporation sole that in certain countries of the Commonwealth of Nations, as well as in any provincial or state sub-divisions thereof, represents the legal embodiment of executive government...
's refusal to consent to the bill's hearing, it was automatically dropped. However, because the Bill had been introduced under the
Ten Minute RuleThe Ten Minute Rule, also known as Standing Order No. 23, is a procedure in the British Parliament for the introduction of Private Member's Bills in addition to the 20 per session normally permissible....
, it never stood any chance of being fully debated by Parliament, and it does not represent a test of what may happen if a future government introduced other legislation affecting the reserve powers of the Crown.
Royal Assent is the final stage in the legislative process for Acts of the
Scottish ParliamentThe Scottish Parliament is the devolved national, unicameral legislature of Scotland, located in the Holyrood area of the capital, Edinburgh. The Parliament, informally referred to as "Holyrood" , is a democratically elected body comprising 129 members known as Members of the Scottish Parliament...
. The process is governed by sections 28, 32 and 33 of the
Scotland Act 1998The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament....
. After a Bill has been passed, the
Presiding OfficerThe Presiding Officer of the Scottish Parliament is the speaker of the Scottish Parliament, elected by the Members of the Scottish Parliament. He or she also heads the Corporate Body of the Scottish Parliament and as such is viewed as a figurehead for the entire organisation. Two Deputy Presiding...
submits it to Her Majesty for Royal Assent, but only after a four-week period during which the
Advocate General for ScotlandHer Majesty's Advocate General for Scotland in is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...
, the
Lord AdvocateHer Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...
or the
Attorney GeneralIn most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may in addition have executive responsibility for law enforcement or responsibility for public prosecutions.-Usage:The term has traditionally...
may refer the Bill to the
Judicial Committee of the Privy CouncilThe Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal for several independent Commonwealth countries, the UK overseas territories, and the British Crown dependencies...
for review of its legality. Royal Assent is signified by Letters Patent under the
Great Seal of ScotlandThe Great Seal of Scotland allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix and impressed into a wax figure that is attached by cord or ribbon to documents that the monarch wishes to make official...
, the form of which has been specified in The Scottish Parliament (Letters Patent and Proclamations) Order 1999 (
SIA Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...
1999/737). Notice is published in the London, Edinburgh and Belfast Gazettes.
Ceremony
In the United Kingdom, a bill is presented for Royal Assent after it has been passed by both the House of Commons and the House of Lords. Alternatively, under the Parliament Acts 1911 and 1949, the House of Commons may, under certain circumstances, direct that a bill be presented for Assent despite non-passage in the House of Lords. In either case, the Sovereign does not actually analyze the bill and make a decision on whether or not to grant Assent. In practice, the granting of Assent is purely ceremonial. Officially, Assent is granted by the Sovereign or by
Lords CommissionersThe Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament, including the opening and prorogation of Parliament, the confirmation of a newly elected Speaker of the House of Commons and the...
authorised to act by
letters patentLetters patent are a type of legal instrument in the form of an open letter issued by a monarch or government, granting an office, right, monopoly, title, or status to a person or to some entity such as a corporation. The opposite of letters patent are letters close , which are personal in nature...
. It may be granted in Parliament or outside Parliament; in the latter case, each House must be separately notified before the bill takes effect.
The Clerk of the Parliaments, an official of the House of Lords, traditionally states an
Anglo-NormanThe Anglo-Norman language is a term traditionally used to refer to the variety of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period. When William the Conqueror led the Norman invasion of England, he, his nobles, and many of his followers...
formula indicating the Sovereign's decision. The granting of the Royal Assent to a supply bill is indicated with the words
La Reyne remercie ses bons sujets, accepte leur benevolence, et ainsi le veult, translated as "The Queen thanks her good subjects, accepts their bounty, and wills it so." For other public or private bills, the formula is simply
La Reyne le veult (the Queen wills it). For personal bills, the phrase was
Soit fait comme il est désiré (let it be as it is desired). The appropriate formula for withholding Assent is the euphemistic
La Reyne s'avisera (the Queen will consider it). When the Sovereign is male,
Le Roy is substituted for
La Reyne.
Before the reign of Henry VIII, the Sovereign always granted his or her Assent in person. The Sovereign, wearing the
Imperial State CrownThe Imperial State Crown is one of the British Crown Jewels.The Crown is of a design similar to St Edward's Crown: it includes a base of four crosses pattée alternating with four fleurs-de-lis, above which are four half-arches surmounted by a cross. Inside is a velvet cap with an ermine border...
, would be seated on the Throne in the Lords Chamber, surrounded by
heraldA herald, or, more correctly, a herald of arms, is an officer of arms, ranking between pursuivant and king of arms. The title is often applied erroneously to all officers of arms....
s and members of the Royal Court – a scene that nowadays is repeated only at the annual
State Opening of ParliamentIn the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December, or in a General Election year, when the new Parliament first assembles...
. The Commons, led by their
SpeakerIn the United Kingdom, the Speaker of the House of Commons is the presiding officer of the House of Commons, and is seen historically as the First Commoner of the Land. The present Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin.The Speaker...
, would listen from the Bar of the Lords, just outside the Chamber. The Clerk of the Parliaments presented the bills awaiting Assent to the Sovereign, save that supply bills were traditionally brought up by the Speaker. The Clerk of the Crown, standing on the Sovereign's right, then read aloud the titles of the bills (in earlier times, the entire text of the bills). The Clerk of the Parliaments, standing on the Sovereign's left, responded by stating the appropriate Norman French formula.
A new device for granting Assent was created during the reign of
Henry VIIIHenry VIII was King of England from 21 April 1509 until his death. He was also Lord of Ireland and claimant to the Kingdom of France. Henry was the second monarch of the House of Tudor, succeeding his father, Henry VII.Henry VIII was a significant figure in the history of the English monarchy...
. In 1542, Henry sought to execute his fifth wife,
Catherine HowardCatherine Howard , also spelled Katherine or Katheryn, was the fifth wife of Henry VIII of England, and sometimes known by his reference to her as his "rose without a thorn"....
, whom he accused of committing adultery; the execution was to be authorised not after a trial but by a
bill of attainderA bill of attainder is an act of the legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a trial.-Origin:...
, to which he would have to personally assent after listening to the entire text. Henry decided that "the repetition of so grievous a Story and the recital of so infamous a crime" in his presence "might reopen a Wound already closing in the Royal Bosom." Therefore, Parliament inserted a clause into the Act of Attainder, providing that Assent granted by Commissioners "is and ever was and ever shall be, as good" as Assent granted by the Sovereign personally. The procedure was used only five times during the sixteenth century, but more often during the seventeenth and eighteenth centuries, especially when George III's health began to deteriorate.
VictoriaVictoria was the Queen of the United Kingdom of Great Britain and Ireland from 20 June 1837, and the first Empress of India of the British Raj from 1 May 1876, until her death...
became the last Sovereign to personally grant Assent in 1854.
When granting Assent by Commission, the Sovereign authorises three or more (normally five) Lords who are
Privy CounsellorsA privy council is a body that advises the head of state of a nation on how to exercise their executive authority, typically, but not always, in the context of a monarchic government...
to grant Assent in his or her name. The
Lords CommissionersThe Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament, including the opening and prorogation of Parliament, the confirmation of a newly elected Speaker of the House of Commons and the...
, as the Sovereign's representatives are known, wear scarlet Parliamentary Robes and sit on a bench between the Throne and the
WoolsackThe Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. From the Middle Ages until 2006, the presiding officer in the House of Lords was the Lord Chancellor and the Woolsack was usually mentioned in association with the office of...
, with the Speaker and the Commons attending at the Bar of the Lords. The Lords Reading Clerk reads the Commission aloud; the senior Commissioner then states, "My Lords, in obedience to Her Majesty's Commands, and by virtue of the Commission which has been now read, We do declare and notify to you, the Lords Spiritual and Temporal and Commons in Parliament assembled, that Her Majesty has given Her Royal Assent to the several Acts in the Commission mentioned." Thereafter, the Clerk of the Crown states the title, with the Clerk of the Parliaments responding with the appropriate Norman French formula.
During the 1960s, the ceremony of assenting by Commission was discontinued, and is now only employed once a year, at the end of the annual parliamentary session. In 1960, the Gentleman Usher of the
Black RodThe Gentleman Usher of the Black Rod, generally shortened to just Black Rod, is an official in the parliaments of a number of Commonwealth countries. The position originates in the House of Lords of the Parliament of the United Kingdom...
arrived to summon the House of Commons during a heated debate, and several members protested against the disruption by refusing to attend the ceremony. The debacle was repeated in 1965; this time, when the Speaker left the chair to go to the House of Lords, some members continued to make speeches. As a result, the Royal Assent Act 1967 was passed, creating an additional form for the granting of the Royal Assent. Thus, the granting of Assent by the monarch in person, or Commission is still possible, but this third form is used on a day-to-day basis.
Under the Royal Assent Act 1967, Royal Assent can be granted by the Sovereign in writing, by means of letters patent, that are presented to the presiding officer of each House of Parliament. Then, the presiding officer makes a formal, but simple statement to the House, acquainting each House that the Royal Assent has been granted to the acts mentioned. Thus, unlike the granting of Royal Assent by the Sovereign in person or by Royal Commissioners, the method created by the Royal Assent Act 1967 does not require both Houses to meet jointly for the purpose of receiving the notice of Royal Assent. The standard text of the Letters Patent is set out in The Crown Office (Forms and Proclamations Rules) Order 1992, with minor amendments in 2000. No law has been assented to by the monarch in person since the reign of Queen Victoria. However, formally, this still remains the standard method, a fact that is recited by the wording of the Letters Patent for the appointment of the Royal Commissioners, and by the wording of the Letters Patent for the granting of the Royal Assent in writing under the 1967 Act (
"... And forasmuch as We cannot at this time be present in the Higher House of Our said Parliament being the accustomed place for giving Our Royal Assent..."). The traditional ceremony whereby the Lords Commissioners declare Assent in the presence of both Houses is still followed once at the end of each Parliamentary session. The procedure adopted in 1967 is followed in most cases.
When the Act is assented by the Sovereign in person, or by Royal Commissioners empowered by him, Royal Assent is considered given at the moment when the assent is declared in the presence of both Houses jointly assembled. When the procedure created by the Royal Assent Act, 1967 is followed, Assent is considered granted when the presiding officers of both Houses, having received the Letters Patent from the monarch signifying the Assent, have notified their respective House of the grant of Royal Assent. Thus, if each presiding officer makes the announcement at a different time (for instance because one House is not sitting on a certain date), assent is regarded as effective when the second announcement is made. This is important because, under British Law, unless there is any provision to the contrary, an Act takes effect on the date in which it receives Royal Assent, and that date is not regarded as being the date when the Letters Patent are signed, or when they are delivered to the presiding officers of each House, but the date in which both Houses have been formally acquainted of the conferral of Assent to the Act.
Independently of the method used to signify Royal Assent, it is the responsibility of the Clerk of the Parliaments, once it has been duly notified to both Houses, not only to endorse the Act in the name of the Sovereign with the formal Norman French formula, but to certify that Assent has been granted. The Clerk signs one authentic copy of the Bill, and inserts the date in which when Royal Assent was notified to the two Houses between the text of the enacting clause and the first section of the Act. When an Act is published, the signature of the clerk is omitted, as is the Norman French formula, should the endorsement have been made in writing. However the date when Royal Assent is notified is printed in brackets.
Other Commonwealth Realms
In Commonwealth Realms outside the UK, the Royal Assent is granted or withheld by the Governor-General, the representative of the Sovereign. Similarly, in these Realms' states, provinces or territories, Assent is granted or withheld by the
GovernorA governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
or
Lieutenant GovernorA lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but often the deputy or lieutenant to or ranking under a governor - a "second-in-command." In many Commonwealth of Nations states, lieutenant governors are usually deputy heads...
. A Governor or Lieutenant Governor of a subnational entity may defer to the Governor-General, who may in turn defer to the Sovereign. The Sovereign has the power to
disallow, usually within a specific time limit, a bill that has received the Royal Assent from one of his or her representatives.
As in the United Kingdom, Royal Assent is by convention granted on the advice of the government's ministers, and is therefore rarely withheld. In some cases, when a royal visit to a Commonwealth Realm is pending, Assent may be reserved so that the Sovereign may grant it in person.
In New Zealand, section 16 of the Constitution Act 1986 states that "a Bill passed by the House of Representatives shall become law when the Sovereign or the Governor-General assents to it and signs it in token of such assent". This act also states in section 3 that royal assent can be given by the Sovereign in person or the Governor General on behalf of the Sovereign.
Historical development
While the Royal Assent has not been withheld in the United Kingdom since 1708, it has often been withheld in British colonies and former colonies by Governors acting on royal instructions. In the
United States Declaration of IndependenceThe United States Declaration of Independence is a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain were now independent states, and thus no longer a part of the British Empire...
, colonists complained that George III "has refused his Assent to Laws, the most wholesome and necessary for the public good [and] has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them." Even after colonies such as Canada, Australia, New Zealand, South Africa and Newfoundland were granted
responsible governmentResponsible 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...
, the British Government continued to advise Governors-General on the granting of Assent. Assent was sometimes reserved in order to allow the British Government to examine a bill before advising the Governor-General.
Since the 1920s, Governors-General have acted solely on the advice of the local ministers, rather than on that of the British Government. As in the United Kingdom, the ministers generally maintain the support of the legislature and are the ones who secure the passage of bills; therefore, they are unlikely to advise the Sovereign's representative to withhold Assent. The power to withhold the Royal Assent was notably exercised by
AlbertaAlberta is one of Canada's prairie provinces. It became a province on September 1, 1905.Alberta is located in western Canada, bounded by the provinces of British Columbia to the west and Saskatchewan to the east, the Northwest Territories to the north, and the U.S. state of Montana to the south....
's Lieutenant Governor,
John C. BowenJohn Campbell Bowen was a clergyman and was the longest-serving Lieutenant-Governor of Alberta in the history of the province....
, in 1937, in respect of three bills passed under
William AberhartWilliam Aberhart , also known as Bible Bill for his religious preaching, was a Canadian politician and Social Credit Premier of Alberta between 1935 and 1943...
's
Social CreditSocial Credit is described by its originator, C. H. Douglas , as "the policy of a philosophy". Douglas called his philosophy "practical Christianity". This philosophy is interdisciplinary in nature, encompassing the fields of economics, political science, history, accounting, and physics...
Government. Two bills sought to put banks under the authority of the province, thereby interfering with the federal government's powers. The third, the Accurate News and Information Bill, purported to force newspapers to print government rebuttals to stories to which the provincial cabinet objected. The unconstitutionality of all three bills was later confirmed by the
Supreme Court of CanadaThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
and by the
Privy CouncilThe Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom, established by the Judicial Committee Act 1833. It is also the highest court of appeal for several independent Commonwealth countries, the UK overseas territories, and the British Crown dependencies...
.
In Australia, a technical issue arose with the Royal Assent in both 1976 and 2001. In 1976, a bill originating in the
House of RepresentativesThe House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house, the upper house being the Senate.-Origins and role:The House is presided over by the Speaker....
was mistakenly submitted to the Governor-General and assented to. However, it was later discovered that it had not been passed by each House. The error arose because two bills of the same title had originated from the House. The Governor-General revoked the first assent, before assenting to the bill which had actually passed. The same procedure was followed to correct a similar error which arose in 2001.
Ceremony
In Commonwealth Realms, Assent may be granted by the Sovereign in person, by the Governor-General in person, or by a deputy acting for the Governor-General. In all of the Realms, however, Assent is more often granted or signified outside the legislature, with each House being notified separately.
In Australia, the formal ceremony of granting Assent in Parliament has not been regularly used since the early twentieth century. Now, the bill is sent to the Governor-General's residence by the House in which it originated. The Governor-General then signs the bill, sending messages to the President of the Senate and the Speaker of the House of Representatives, who notify their respective Houses of the Governor-General's action. A similar practice is followed in New Zealand, where the Governor-General has not personally granted the Royal Assent in Parliament since 1875.
In Canada, the traditional ceremony for granting Assent in Parliament was regularly used until the twenty-first century, long after it had been discontinued in the United Kingdom and other Commonwealth Realms. Under the Royal Assent Act, 2002, however, the alternative practice of granting Assent in writing, with each House being notified separately, was introduced. As the Act provides, the Royal Assent is signified in the
SenateThe Senate of Canada is a component of the Parliament of Canada, along with the sovereign and the House of Commons. The Senate consists of 105 members appointed by the Governor General on the advice of the prime minister...
Chamber at least twice each calendar year: for the first appropriation measure and for at least one other act, usually the first non-appropriation measure passed. However, the Act provides that a grant of Royal Assent is not rendered invalid by a failure to employ the traditional ceremony where required. Assent may be granted in the Senate Chamber by the Governor General, or, more often, by a Deputy, usually a Justice of the
Supreme CourtThe Supreme Court of Canada is the highest court of Canada and is the final court of appeal in the Canadian justice system...
.
British Crown dependencies
The Lieutenant Governors of the
Channel IslandsThe Channel Islands are an archipelago in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...
do not grant Royal Assent. Instead, the Sovereign directly grants Royal Assent by use of Orders in Council. Assent is granted or refused on the advice of the Ministry of Justice in the UK.
The Isle of Man is an exception. The Lieutenant Governor is able to grant Royal Assent to bills passed by
TynwaldTynwald , or more formally, the High Court of Tynwald is the bicameral legislature of the Isle of Man. It consists of the directly elected House of Keys and the indirectly chosen Legislative Council....
, the Island's parliament. In doing so, he acts on the advice of the Ministry of Justice in the UK, the UK having responsibility for defence, international relations, and '
good governanceGood governance is a indeterminate term used in development literature to describe how public institutions conduct public affairs and manage public resources in order to guarantee the realization of human rights. Governance describes the process of decision-making and the process by which decisions...
'. There are therefore occasions when consent is denied. Some important bills are still reserved to be approved by the Sovereign directly. There is no ceremony used in granting consent, as even though it converts the Bill into an
Act of TynwaldActs of Tynwald are legislative enactments of Tynwald, the parliament of the Isle of Man.-Structure:They are structured in a similar format to Acts of the Parliament of the United Kingdom.-Commencement:Each act commences with a short introduction:...
, it is insufficient for the new Act to take effect. Within eighteen months of passage an Act of Tynwald must be promulgated, or it will lapse. A special promulgation ceremony is held each year on
Tynwald DayTynwald Day is the National Day of the Isle of Man, usually occurring on 5 July.On this day, the Isle's legislature, Tynwald, meets in St John’s, rather than its usual meeting place, Douglas. The session is held in both the Royal Chapel of St John the Baptist and the open air on Tynwald Hill...
(5 July). Members of Tynwald assemble for a religious service at the Royal Chapel, and then proceed to Tynwald Hill, where the Acts are officially promulgated by two
DeemsterA deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s, who read aloud the titles of the Acts in English and
ManxManx , also known as Manx Gaelic, is a Goidelic language spoken on the Isle of Man. The last native speaker, Ned Maddrell, died in 1974, but in recent years it has been the subject of language revival efforts, and it is now the medium of education at the , a primary school for four- to...
in turn. Tynwald then reconvenes in the Royal Chapel, where the promulgation is certified.
British overseas territories
The Governors (or Lieutenant Governor) of each
British overseas territoriesThe British overseas territories are fourteen territories that are under the sovereignty of the United Kingdom, but which do not form part of the United Kingdom itself....
grants or refuses the Royal Assent for the territory's legislation. They may also reserve a bill to allow the Sovereign to make a personal decision. When
Hong KongHong Kong , officially the Hong Kong Special Administrative Region, is a highly autonomous territory of the People's Republic of China, facing Guangdong to the north and the South China Sea to the east, west and south...
was under British rule, bills passed by the
Legislative CouncilThe Legislative Council, or LegCo , is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was created in 1843 under the authority of Queen Victoria of the United Kingdom of Great Britain and Ireland...
were required constitutionally to have the royal assent signified by the
GovernorThe Governor of Hong Kong was the head of Government, ex-officio Commander-in-Chief and Vice-Admiral of Hong Kong during British rule between 1841 and 1997....
. After the territory's
transfer of sovereigntyThe transfer of sovereignty of Hong Kong from the United Kingdom to the People's Republic of China, referred to as the Reunification by Chinese and the Handover by British press, took place on 1 July 1997...
to become a
special administrative regionA Special Administrative Region is a provincial-level administrative division in the People's Republic of China. Each SAR has a governmental chief executive as head of the region and head of government. The People's Republic of China, at present, has two Special Administrative Regions, Hong Kong...
of the
People's Republic of ChinaThe People's Republic of China , commonly known as China, is the largest country in East Asia and the most populous in the world with over 1.3 billion people, approximately one-fifth of the world's population...
, bills are signed and promulgated by the
Chief ExecutiveThe Chief Executive of Hong Kong is the head of the government of Hong Kong and the principal representative of Hong Kong. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule....
, who is both the head of the territory and the head of government, to become ordinances.
General
In many monarchies, such as
SpainSpain , officially the Kingdom of Spain , is a country located in southwestern Europe on the Iberian Peninsula.
[The Spanish constitution does not establish any official denomination of the country, even though España , Estado español and Nación española are used interchangeably...]
,
BelgiumThe Kingdom of Belgium is a country in northwest Europe. It is a founding member of the European Union and hosts its headquarters, as well as those of other major international organizations, including NATO...
,
NorwayNorway , officially the Kingdom of Norway, is a country in Northern Europe occupying the western portion of the Scandinavian Peninsula, as well as Jan Mayen and the Arctic archipelago of Svalbard under the Spitsbergen Treaty...
,
DenmarkDenmark is a Scandinavian country in Northern Europe and the senior member of the Kingdom of Denmark. It is the southernmost of the Nordic countries; southwest of Sweden and south of Norway, and it is bordered to the south by Germany. Denmark borders both the Baltic and the North Sea...
,
LuxembourgLuxembourg , officially the Grand Duchy of Luxembourg , is a small, landlocked country in western Europe, bordered by Belgium, France, and Germany...
,
ThailandThe Kingdom of Thailand is an independent country that lies in the heart of Southeast Asia.It is bordered to the north by Laos and Burma, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the west by the Andaman Sea and Burma...
,
MalaysiaMalaysia is a country in Southeast Asia that consists of thirteen states and three Federal Territories, with a total landmass of . The capital city is Kuala Lumpur, while Putrajaya is the seat of the federal government. The population stands at over 28 million inhabitants...
and
Japanis an island country in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, People's Republic of 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...
, the monarch is responsible for promulgating laws. In other monarchies, such as the
NetherlandsThe Netherlands is a country in Northwestern Europe, constituting the major portion of the Kingdom of the Netherlands. It is a parliamentary democratic constitutional monarchy. The Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east...
and
SwedenSweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe...
, the Government officially promulgates laws. In both cases, however, the process is usually ceremonial, whether by constitutional convention or by an explicit provision of the Constitution.
Belgium
In Belgium the "sanction royale" has the same legal effect as Royal Assent, with the government held responsible if the King refuses the royal sanction. The King promulgates the law, meaning that he formally publishes the law and orders that it be executed. In 1990, when
King BaudouinBaudouin reigned as King of the Belgians from 1951 to 1993. He was the eldest son of King Leopold III and his first wife, Princess Astrid of Sweden...
advised the government he could not, in conscience, sign a bill decriminalizing
abortionAn abortion is the termination of a pregnancy by the removal or expulsion from the uterus of a fetus or embryo. An abortion can occur spontaneously due to complications during pregnancy or can be induced, in humans and other species...
, the
Council of MinistersCouncil of Ministers can refer to any cabinet of ministers in a government. In some countries and organizations there are official councils of ministers; they include:* Council of Ministers of Afghanistan* Council of Ministers of Albania...
declared him incapable of exercising his powers at his own request. The bill was then assented to by all members of the council on the King's behalf. Both houses of Parliament declared the King capable of exercising his powers again the next day.
Jordan
The constitution of
JordanJordan , officially the Hashemite Kingdom of Jordan, is a country in Western Asia spanning the southern part of the Syrian Desert down to the Gulf of Aqaba. Jordan shares borders with Syria to the north, Iraq to the northeast, Saudi Arabia to the east and south, the Gulf of Aqaba to the southwest,...
grants its monarch the right to withhold assent to laws passed by its parliament. Article 93 of that document gives the king of Jordan six months to sign or veto any legislation sent to him from the National Assembly; if he vetoes it within that timeframe, the Assembly may override his veto by a two-thirds vote of both houses, otherwise the law does not go into effect (but it may be reconsidered in the next session of the Assembly). If the king fails to act within six months of the bill being presented to him, it becomes law without his signature.
Liechtenstein
LiechtensteinThe Principality of Liechtenstein is a doubly landlocked alpine microstate in Western Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over 160 km² and it has an estimated population of 35,000...
allows its monarch to withhold Royal Assent of his or her own will. When Prince Hans Adam II, in an unprecedented move for the constitutional monarchy, refused to give Royal Assent to a bill legalising abortion, he pushed for a bill to give him sweeping powers in the government beyond only ceremonial matters, including the power to appoint judges. Though in a moment of pique, he had once quipped that he would sell the country to
Bill GatesWilliam Henry "Bill" Gates III is an American business magnate, philanthropist, and chairman of Microsoft, the software company he founded with Paul Allen.He is ranked consistently one of the world's wealthiest people...
and rename it
MicrosoftMicrosoft Corporation is a multinational computer technology corporation that develops, manufactures, licenses, and supports a wide range of software products for computing devices...
, he did seriously threaten to move to Austria with the Princely Family. The bill did pass, and the Prince now has many additional powers, including the power to withhold Royal Assent on his own accord.
Norway
Articles 77–79 of the Norwegian constitution specifically grant the King of Norway the right to withhold Royal Assent from any bill passed by the
StortingThe Parliament of Norway is located in the capital city Oslo. It sits in the Parliament of Norway Building which was completed in 1866 and was designed by the Swedish architect Emil Victor Langlet.- History :...
, or parliament. Should the king ever choose to exercise this privilege, Article 79 provides a means by which his veto may be overridden: "If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting goes into recess." This prerogative has not been used by a Norwegian king since the personal union with Sweden was ended in 1905, though it was used by union (Swedish) kings when they ruled Norway.
Spain
Title IV of the 1978 Spanish Constitution invests the sanction (Royal Assent) and promulgation (publication) of laws with the King of Spain, while Title III
The Cortes Generals, Chapter 2
Drafting of Bills outlines the method by which bills are passed. According to Article 91, within fifteen days of passage of a bill by the
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...
, the king shall give his assent and publish the new law. Article 92 invests the king with the right to call for a referendum, on the advice of the
presidentThe President of the Government of Spain , usually known in English as the Prime Minister of Spain, is the Spanish head of government...
and the authorization of the Cortez.
No provision within the constitution grants the king an ability to veto legislation directly; however, no provision prohibits the king from withholding royal assent, which effectively constitutes a veto. When the Spanish media asked King
Juan CarlosJuan Carlos I of Spain is the reigning king of Spain. He is the son of the late Infante Juan, Count of Barcelona and the late Princess María Mercedes of Bourbon-Two Sicilies...
if he would endorse the bill legalizing
gay marriagesSame-sex marriage in Spain was legalized in 2005. In 2004, the nation's newly elected Socialist 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
abortionAn abortion is the termination of a pregnancy by the removal or expulsion from the uterus of a fetus or embryo. An abortion can occur spontaneously due to complications during pregnancy or can be induced, in humans and other species...
. The King gave his Royal Assent to Law 13/2005 on 1 July 2005; the law was
gazetteThe term gazette normally refers to a newspaper.The word comes from gazzetta, a Venetian coin used to buy early Italian newspapers; the coin became a name for the papers themselves...
d in the
Boletín Oficial del EstadoThe Boletín Oficial del Estado , Spanish for Official Bulletin of the State, is the official newspaper 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.
Further reading
- "Act of Parliament". Encyclopædia Britannica, 11th ed. London (1911): Cambridge University Press.
- "Parliament". Encyclopædia Britannica, 11th ed. London (1911): Cambridge University Press.
- Bond, M. F. (1956). "La Reyne le Veult: The making and keeping of Acts at Westminster". "History Today", (Vol. 6, pp. 756–773). Retrieved on 11 April 2007.
- Davies, M. (2003). "Companion to the Standing Orders and guide to the Proceedings of the House of Lords". 19th ed. Retrieved on 11 April 2007.
- Farnborough, T. E. May, 1st Baron. (1896). "The Constitutional History of England since the Accession of George the Third 1760–1860" 11th ed. (Vol. 1). London: Longmans, Green and Co. Retrieved on 11 April 2007.
- Robertson, J. R. (2001). "Bill S-13: The Royal Assent Act". Retrieved on 11 April 2007.
- "The Honourable John C. Bowen, 1937–50. Legislative Assembly of Alberta. Retrieved on 11 April 2007.
- "Royal Assent Act. (2002, c. 15)" Department of Justice Canada, 2002. Retrieved on 11 April 2007.