The Royal Seal: Understanding Legislative Approval
A comprehensive examination of Royal Assent, the formal process by which monarchs approve legislation, detailing its historical evolution, modern practice, and global variations.
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Operationalizing Royal Assent
The Monarch's Role
Royal assent is the formal mechanism by which a monarch signifies approval of legislation passed by the legislature. In contemporary constitutional monarchies, this act is largely ceremonial, representing the final step in the legislative process. While historically monarchs frequently exercised this power, its active use has become exceedingly rare, typically reserved for dire political emergencies or exercised strictly upon the advice of the government.
Historical Evolution
The power to grant or withhold royal assent was once a significant prerogative of the monarch. However, the gradual shift of power towards parliamentary sovereignty has transformed this into a formal, often symbolic, affirmation. The last instance of a monarch withholding assent in the United Kingdom was Queen Anne in 1708, highlighting the long-standing convention of its non-exercise.
Ministerial Advice and Convention
Modern constitutional practice dictates that the monarch acts on the advice of their ministers. This convention ensures that the exercise of royal assent aligns with the will of the elected government and Parliament. While the theoretical power to refuse assent remains, it is widely understood that such an action would only occur under extraordinary circumstances, and even then, likely on the explicit advice of the government to avoid constitutional crisis.
Tracing the Historical Trajectory
Origins in Royal Council
The foundation of legislative power originated with the monarch acting on the counsel of the Curia regis (Royal Council). Over time, this council evolved, leading to the establishment of Parliament. Early monarchs sought the consent of both houses before enacting laws, a practice formalized as the King's assent became integral to the legislative process.
Parliamentary Power Struggles
Periods of conflict between the Crown and Parliament, such as the reign of Charles I, underscored the tension surrounding legislative authority. The Long Parliament's assertion that the monarch was bound to assent to laws passed by Parliament, interpreting the Coronation Oath as such, marked a significant development. The eventual removal of ambiguous phrases from the oath solidified Parliament's legislative dominance.
Shifting Royal Prerogative
The Hanoverian succession saw monarchs increasingly rely on ministerial advice, diminishing direct royal involvement in legislation. While monarchs like George III and George IV attempted to assert influence, particularly on issues like Catholic emancipation, they ultimately yielded to ministerial counsel. This gradual transfer of power cemented the principle of ministerial responsibility and the disuse of the royal veto.
Royal Assent in the United Kingdom
The Final Step
In the UK, Royal Assent is the concluding stage for a bill to become an Act of Parliament. It can be granted by the Sovereign in person or, more commonly, by Lords Commissioners acting under letters patent. The Royal Assent Act 1967 introduced a less ceremonial method of granting assent in writing, allowing for greater flexibility.
Pronouncing Assent
Traditionally, the Clerk of the Parliaments pronounces assent in Norman French. For supply bills, the phrase is "Le Roy remercie ses bons sujets, accepte leur benevolence, et ainsi le veult" ("The King thanks his good subjects, accepts their bounty, and so wills it"). For other bills, it is "Le Roy le veult" ("The King wills it"). If assent is withheld, the phrase is "Le Roy s'avisera" ("The King will consider it").
Modern Practice
While the ceremony of granting assent by commission continues annually, the Royal Assent Act 1967 allows for assent to be signified in writing. This modern approach avoids disrupting parliamentary proceedings. The process is meticulously managed, with the Clerk of the Parliaments endorsing the act and certifying that assent has been granted.
Scottish Legislative Process
Acts of the Scottish Parliament
Royal assent is the final stage for legislation passed by the Scottish Parliament. Following parliamentary approval, a bill is submitted to the monarch for assent, typically after a four-week review period. During this period, legal authorities may refer the bill to the Supreme Court to assess its legality.
Signification of Assent
Assent is formally signified through letters patent under the Great Seal of Scotland. Notice of this action is published in official gazettes. In a notable instance in January 2023, the Secretary of State for Scotland exercised authority to prohibit the submission of the Gender Recognition Reform (Scotland) Bill for royal assent, demonstrating a specific governmental check.
Welsh Legislative Measures
From Measures to Acts
Between 2006 and 2011, legislation from the National Assembly for Wales, known as Measures, received assent via an Order in Council. The process involved a review period where legal officers could refer measures to the Supreme Court. Following the 2011 devolution referendum, Measures were replaced by Acts of the Assembly (now Acts of the Senedd), with assent procedures adapting accordingly.
Northern Ireland Assembly Legislation
Statutory Instruments
Under the Northern Ireland Act 1998, bills approved by the Northern Ireland Assembly are presented for royal assent by the Secretary of State for Northern Ireland. A four-week waiting period allows for potential referral to the Supreme Court. Assent is formally granted via letters patent, as outlined in the Northern Ireland (Royal Assent to Bills) Order 1999.
Historical Context (1922-1972)
Prior to 1972, legislation passed by the Parliament of Northern Ireland received royal assent through the Governor of Northern Ireland, acting under the Government of Ireland Act 1920, which replaced the office of Lord Lieutenant.
Crown Dependencies: Jersey, Guernsey, Isle of Man
Jersey and Guernsey
The Lieutenant Governors of Jersey and Guernsey do not directly grant assent. Instead, the equivalent of royal assent is formally granted or refused based on the advice of the Privy Council Committee for the Affairs of Jersey and Guernsey, following an Order-in-Council from 1952. This process can involve refusal, as seen in 2007 concerning reforms to Sark's Chief Pleas.
Isle of Man
Legislation from the Isle of Man's Tynwald follows specific procedures. Historically, assent was signified by letter. Since 1981, the Lieutenant Governor has been delegated the power to grant assent, though bills impacting reserved powers must be referred to the British government. Measures enacted by the Church of England diocese also follow a similar assent process.
Commonwealth Realms: General Practice
Sovereign or Representative
In Commonwealth realms outside the UK, royal assent is typically granted by the monarch or, more commonly, by the Governor-General, who acts as the monarch's representative. In federal systems like Australia and Canada, assent at the state or provincial level is handled by the respective governor or lieutenant governor.
Constitutional Requirements
Some realms have constitutional provisions that limit the monarch's or Governor-General's power to refuse assent. For instance, in Solomon Islands and Tuvalu, assent must be granted in a timely manner. In Antigua and Barbuda, Saint Lucia, and Saint Vincent and the Grenadines, assent cannot be withheld if a bill meets all constitutional requirements.
Canadian Legislative Assent
Ceremony and Procedure
Canada retains the traditional ceremony for granting assent in Parliament, a practice largely discontinued elsewhere. The Governor General or a deputy (often a Supreme Court Justice) signifies assent. The Royal Assent Act, 2002, also allows for assent to be granted in writing, with notification to each house separately.
The Assent Ceremony
The ceremony takes place in the Senate. The Usher of the Black Rod summons members of the House of Commons. The Governor General, seated by the throne, nods to signify assent to presented bills. For supply bills, the pronouncement includes thanks to the subjects for their benevolence.
Historical Vetoes
Historically, lieutenant governors have deferred assent to the Governor General, who could then defer to the sovereign. Lieutenant governors have withheld assent approximately 90 times, with the last instance recorded in Saskatchewan in 1961. The Governor General can also defer assent to federal bills to the sovereign.
International Variations in Assent
Belgium and Luxembourg
In Belgium, royal assent is termed "sanction royale," requiring the King's signature, countersigned by a minister. King Baudouin's conscientious objection to an abortion bill led to a temporary declaration of incapacity, with ministers assenting on behalf of the people. Luxembourg removed the need for royal sanction in 2008, retaining only promulgation.
Japan and Thailand
In Japan, the Emperor's acts of state require the advice and approval of the Cabinet. Thailand's constitution allows the monarch to refuse assent, but the National Assembly can override a royal veto with a two-thirds majority.
Spain and Norway
Spain's monarch sanctions and promulgates laws, with a theoretical right to veto, though not constitutionally explicit. Norway's constitution allows the monarch to withhold assent, but a bill can become law if passed unaltered by two successive Storting sessions.
Malaysia and Tonga
Malaysia's constitution stipulates that bills become law automatically if not assented to within 30 days. In Tonga, the King can withhold assent, as demonstrated in 2011 when he vetoed a bill reducing sentences for illicit firearms possession.
The Ritual of Assent
UK Ceremony Evolution
Historically, the monarch granted assent in person, a practice last performed by Queen Victoria in 1854. The introduction of Lords Commissioners allowed delegation. The Royal Assent Act 1967 modernized the process, enabling written assent, though ceremonial commissions persist for annual sessions.
Canadian Tradition
Canada continues to utilize the formal ceremony in the Senate, involving the Usher of the Black Rod and the presence of both Houses. This tradition underscores the symbolic importance of the monarch's role in the legislative process.
Key Considerations
Royal Prerogative vs. Royal Assent
It is crucial to distinguish Royal Assent from Royal Consent. Consent pertains to bills affecting the monarch's prerogative or personal interests and is granted before parliamentary debate, acting as an internal parliamentary procedure. Assent, conversely, is the final legislative approval after a bill has passed both houses.
The Veto Power's Nuance
While the power to veto legislation exists in theory across many constitutional monarchies, its practical application is heavily constrained by convention and ministerial advice. The modern understanding emphasizes the monarch's role as a symbol of continuity and constitutional stability, rather than an active participant in political decision-making.
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References
References
- This was also the last occasion on which Parliament was prorogued by the monarch in person[7]
- Gilbert Burnet, A History of my Own Time, vol. II (1734), p. 274.
- E.g., letter from Duke of Portland (Secretary of State) to Duke of Atholl (Governor), 15 July 1796, advising of the King's approval to two Acts but withholding assent to a third: op. cit p. 352
- Royal Assent by Commission Act 1541 (33 Hen.8 c. 21)
- E.Witte, De liberalisering van de abortus-wetgeving in Belgiรยซ (1970รขยย1990), in: Rapporten en perspectieven
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Academic Disclaimer
Important Notice
This document has been meticulously crafted by an advanced AI, drawing exclusively from the provided Source of Truth. It is intended for academic and informational purposes, aiming to elucidate the complex topic of Royal Assent for students at the Master's degree level and above. While every effort has been made to ensure accuracy and comprehensiveness based on the source material, this content does not constitute legal advice or professional consultation.
This is not legal advice. The information presented herein is not a substitute for professional legal counsel or detailed study of constitutional law. Readers are encouraged to consult primary legal sources and qualified experts for specific applications or interpretations. The AI and its creators are not liable for any errors, omissions, or actions taken based on the information provided.