Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.
Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce that royal assent has been granted at a ceremony held at the Palace of Westminster for this purpose. However, royal assent is usually granted less ceremonially by letters patent. In other nations, such as Australia, the governor-general (as the Monarch's representative) has the right to dissolve the parliament and to sign a bill. In Canada, the governor general may give assent either in person at a ceremony in the Senate or by a written declaration notifying Parliament of their agreement to the bill.
Royal assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign, he or she has the following formal options:
The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708. Lords' Journals (1705–1709), p. 506
Erskine May's advises "...and from that sanction they cannot be legally withheld", meaning that bills must be sent for royal assent, not that it must be given.
Under modern constitutional conventions, the sovereign generally acts on, and in accordance with, the advice of their ministers. However, there is some disagreement among scholars as to whether the monarch should withhold royal assent to a bill if advised to do so by their ministers.
Since these ministers most often enjoy the support of Parliament and obtain the passage of bills, it is unlikely that they would advise the sovereign to withhold assent. Hence, in modern practice, the issue has never arisen, and royal assent has not been withheld. This possibility did arise during the early days of the premiership of Boris Johnson while the UK was negotiating a Brexit agreement with the European Union. The Speaker of the House of Commons had allowed debate on a bill against the government's wishes, and the government of the day was effectively in a minority on the most pressing parliamentary issue at the time. As such, there were rumours that the prime minister might advise the then-sovereign, Elizabeth II, to withhold assent on an unfavourable bill.
During Henry VI'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 King's (Queen's) most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Lords Temporal, 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 were to be excluded from the process.
The power of Parliament to pass bills was often thwarted by monarchs. Charles I dissolved Parliament in 1629, after it passed motions and bills critical of—and seeking to restrict—his arbitrary exercise of power. During the eleven years of personal rule that followed, Charles performed legally dubious actions such as raising taxes without Parliament's approval." Charles I (r. 1625–49) ". Royal Household at Buckingham Palace. Retrieved 12 April 2007.
The form of the Coronation Oath taken by monarchs up to and including James I and Charles I included a promise (in Latin) to uphold the rightful laws and customs quas vulgus elegerit. There was a controversy over the meaning of this phrase: the verb elegerit is ambiguous, representing either the future perfect ("which the common people shall have chosen"), or perfect subjunctive ("which the common people may have chosen"). Charles I, adopting the latter interpretation, considered himself committed only to uphold those laws and customs that already existed at the time of his coronation. The Long Parliament preferred the former translation, interpreting the oath as an undertaking to assent to any law passed by Parliament, as the representative of the "common people". The restoration Convention Parliament resolved the issue by removing the disputed phrase from the Oath.
After the Civil War, it was accepted that Parliament should be summoned to meet regularly, but it was still commonplace for monarchs to refuse royal assent to bills. The Sedition Act 1661 even made it a treasonable offence to suggest that Parliament had "a legislative power without the king". In 1678, Charles II withheld royal 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,"" House of Lords Journal Volume 13: 27 November 1678 ". Journal of the House of Lords: volume 13: 1675–1681 (1771), pp. 380–385. Retrieved 12 April 2007. suggesting that he, not Parliament, should control the militia." The making and keeping of Acts " (PDF). History Today, Vol. VI, pp. 765–773, 1956. Retrieved 18 April 2007. William III made comparatively liberal use of the royal veto, withholding assent from five public bills between 1692 and 1696. These were:
Carafano suggests that William III considered the royal veto "his personal legislative tool". By contrast, the last Stuart monarch, Queen Anne, withheld her assent from a bill just once. On 11 March 1708, she vetoed the Scottish Militia Bill on the advice of her ministers. No monarch has since withheld royal assent from a bill passed by Parliament.
During the rule of the succeeding Hanoverian dynasty, power was gradually exercised more by Parliament and the government. The first Hanoverian monarch, George I, became heir presumptive and then king late in life. Speaking English as a second language and being at first unfamiliar with British politics and customs, he relied on his ministers to a greater extent than had previous monarchs. Later Hanoverian monarchs attempted to restore royal control over legislation: George III and George IV both openly opposed Catholic emancipation" George IV (1762–1830) ". BBC History. Retrieved 12 April 2007. and asserted that to grant assent to a Catholic emancipation bill would violate the Coronation Oath, which required the sovereign to preserve and protect the established Church of England from papal domination, and would grant rights to individuals who were in league with a foreign power which did not recognise their legitimacy. However, George IV reluctantly granted his assent upon the advice of his ministers. Thus, as the concept of ministerial responsibility has evolved, the power to withhold royal assent has fallen into disuse, both in the United Kingdom and in the other Commonwealth realms.
In 1914, George V took legal advice on withholding royal assent from the Government of Ireland Bill; then highly contentious legislation that the Liberal government intended to push through Parliament by means of the Parliament Act 1911. He decided not to withhold assent without "convincing evidence that it would avert a national disaster, or at least have a tranquillising effect on the distracting conditions of the time".
It has been mooted that, in modern times, the government could advise the monarch to withhold royal assent, but that elected politicians should strive to avoid such a scenario.
The authority of the Secretary of State for Scotland to prohibit the submission of a bill passed by the Scottish Parliament for royal assent was first used in January 2023 for the Gender Recognition Reform (Scotland) Bill.
Between 1922 and 1972, bills passed by the Parliament of Northern Ireland were passed to the Governor of Northern Ireland for royal assent under the Government of Ireland Act 1920, replacing the office of Lord Lieutenant.
The equivalent of the royal assent is formally granted or formally refused on the formal advice of the Committee of Council for the Affairs of Jersey and Guernsey in pursuance of Queen Elizabeth II's Order-in-Council of 22 February 1952. A recent example when the equivalent of royal assent was refused was in 2007, concerning reforms to the constitution of the Chief Pleas of Sark. See paragraph 27. (A revised version of the proposed reforms was subsequently given the equivalent of royal assent. R (Barclay) v Secretary of State for Justice, paragraph 30.)
Since 1993, the Sodor and Man diocesan synod of the Church of England within the Province of York has had power to enact measures making provision "with respect to any matter concerning the Church of England in the Island". If approved by Tynwald, a measure "shall have the force and effect of an Act of Tynwald upon the Royal Assent thereto being announced to the Tynwald". Between the passing of the Church (Application of General Synod Measures) Act 1979 and 1993, the diocesan synod had similar powers, but limited to the extension to the Isle of Man of measures of the General Synod.Church (Application of General Synod Measures) Act 1979 Before 1994, the equivalent of royal assent was granted by Order in Council, as for a bill, but the power to grant the equivalent of royal assent to measures has now been delegated to the Lieutenant Governor by the Sodor and Man Diocesan Synod Measures Order 1994. A Measure does not require promulgation.
In Australia, in the special case of a bill proposing to amend the constitution, the bill is submitted to the electorate in a referendum and must receive majority support before receiving royal assent. All other bills passed normally by the Parliament become acts of Parliament once they have received royal assent.
In Solomon Islands and Tuvalu, royal assent may not be refused and constitutional provisions require it to be granted in a timely manner. In Antigua and Barbuda, Saint Lucia, and Saint Vincent and the Grenadines, the governor-general may not withhold assent if a bill has fulfilled all constitutional requirements. In Papua New Guinea, no royal assent is required for the passage of bills and legislation instead becomes effective on the certification of the speaker of the national parliament.
It is not actually necessary for the governor general to sign a bill passed by a legislature, the signature being merely an attestation. In each case, the parliament must be apprised of the granting of assent before the bill is considered to have become law. Two methods are available: 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. Both houses must be notified on the same day. Notice to the House of Commons while it is not in session may be given by way of publishing a special issue of the Journals of the House of Commons. The Senate must be sitting and the governor general's letter read aloud by the speaker.
Since the Balfour Declaration of 1926 and the Statute of Westminster 1931, all the Commonwealth realms have been sovereign kingdoms, the monarch and governors-general acting solely on the advice of the local ministers, who generally maintain the support of the legislature and are the ones who secure the passage of bills. They, therefore, are unlikely to advise the sovereign, or their representative, to withhold assent. The power to withhold the royal assent was exercised by Alberta's Lieutenant Governor, John C. Bowen, in 1937, in respect of three bills passed in the legislature dominated by William Aberhart's Social Credit party. 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 Canada and by the Judicial Committee of the Privy Council.
In Australia, technical issues arose with the royal assent in both 1976 and 2001. In 1976, a bill originating in the House of Representatives was mistakenly submitted to the governor-general and assented to. However, it was later discovered that it had not been passed by the Senate. 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 Senate and the House. The same procedure was followed to correct a similar error that arose in 2001.
A list of all bills that have thus passed Parliament is drawn up by the Clerk of the Crown in Chancery; this list is then approved by the Clerk of the Parliaments. (The Prime Minister, other ministers, and Privy Counsellors do not normally have any involvement in drawing up the list.) The Clerk of the Crown then prepares letters patent listing all the relevant bills, which are then signed by the monarch and sealed.
Officially, assent is granted by the sovereign or by Lords Commissioners authorised to act by letters patent. Royal assent 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, the chief official of the House of Lords, traditionally pronounces a formula in Anglo-Norman Law French, indicating the sovereign's decision. The granting of royal assent to a supply bill is indicated with the words "Le Roy remercie ses bons sujets, accepte leur benevolence, et ainsi le veult", translated as "The King thanks his good subjects, accepts their bounty, and so wills it." For other public or , the formula is simply "Le Roy le veult" ("the King wills it"). For personal bills, the phrase is "Soit fait comme il est désiré" ("let it be done as it is desired"). The appropriate formula for withholding assent is the euphemistic "Le Roy s'avisera" ("the King will consider it").
When the sovereign is female, Le Roy is replaced by La Reyne.
Before the reign of Henry VIII, the sovereign always granted their assent in person. The sovereign, wearing the Crown, would be seated on the throne in the Lords chamber, surrounded by and members of the royal court—a scene that nowadays is repeated only at the annual State Opening of Parliament. The Commons, led by their 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 monarch, 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 King Henry VIII. In 1542, Henry sought to execute his fifth wife, Catherine Howard, whom he accused of committing adultery; the execution was to be authorised not after a trial but by a bill of attainder, 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".Quennell, Peter (1951). "History Today", Stanford University. p. 767. 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.Royal Assent by Commission Act 1541 (33 Hen.8 c. 21) The procedure was used only five times during the 16th century, but more often during the 17th and 18th centuries, especially when George III's health began to deteriorate. Queen Victoria became the last monarch to personally grant assent in 1854.Robertson, James R. " Bill S-15: The Royal Assent Act ". Library of Parliament, Canada, 2002. Retrieved 20 February 2015.
When granting assent by commission, the sovereign authorises three or more (normally five) lords who are privy counsellors to declare assent in their name. The Lords Commissioners, as the monarch's representatives are known, wear scarlet parliamentary robes and sit on a bench between the throne and the Woolsack. The Lords Reading Clerk reads the commission aloud; the senior commissioner then states, "My Lords, in obedience to His 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 His Majesty has given His Royal Assent to the several Acts in the Commission mentioned."" Companion to the Standing Orders and guide to the Proceedings of the House of Lords ". The Stationery Office Ltd. Retrieved 11 April 2007.Anson's Law and Custom of the Constitution, 5th ed, 1922, Vol 1, p. 338
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 Rod 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 royal assent. As the attorney-general explained, "there has been a good deal of resentment not only at the loss of Parliamentary time that has been involved but at the breaking of the thread of a possibly eloquent speech and the disruption of a debate that may be caused." Hansard , 7 April 1967, House of Commons, columns 7–25
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 royal assent has been granted to the acts mentioned. Thus, unlike the granting of royal assent by the monarch 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 (SI 1992/1730), with minor amendments in 2000. In practice this remains the standard method, a fact that is belied 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 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...").
" Souvenir of the inauguration of the Australian Commonwealth, 1901 ". State Library of New South Wales, 2001. Retrieved 11 April 2007.
Independently of the method used to signify royal assent, it is the responsibility of the Clerk of the Parliaments, once the assent has been duly notified to both houses, not only to endorse the act in the name of the monarch 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 English) on which the assent was notified to the two houses after the title of the act. Hansard , House of Lords, 2 March 1967, column 1191
The royal assent ceremony takes place in the Senate, as the sovereign is traditionally barred from the House of Commons. On the day of the event, the speaker of the Senate will read to the chamber a notice from the secretary to the governor general indicating when the viceroy or a deputy thereof will arrive. The Senate thereafter cannot adjourn until after the ceremony. The speaker moves to sit beside the throne. The mace bearer, with mace in hand, stands adjacent to him or her, and the governor general enters to take the speaker's chair." 7 1st Session, 42nd Parliament, Issue 225". Senate of Canada, June 21, 2018. Retrieved 23 January 2021
The usher of the Black Rod is then commanded by the speaker to summon the members of Parliament, who follow black rod back to the Senate, the sergeant-at-arms carrying the mace of the House of Commons. In the Senate, those from the Commons stand behind the bar, while black rod proceeds to stand next to the governor general, who then nods their head to signify royal assent to the presented bills (which do not include supply bills). Once the list of bills is complete, the clerk of the Senate states: "in his or majesty's name, his or excellency the governor general or doth assent to these bills."
If there are any supply bills to receive royal assent, the speaker of the House of Commons will read their titles and the Senate clerk repeats them to the governor general, who nods their head to communicate royal assent. When these bills have all been assented to, the clerk of the Senate recites "in his or majesty's name, his or excellency the governor general or thanks his or loyal subjects, accepts their benevolence, and assents to these bills." The governor general or their deputy then depart Parliament.
No constitutional provision allows the monarch to directly veto legislation; however, neither does the constitution prohibit the Sovereign from withholding royal assent. When the Spanish media asked King Juan Carlos I if he would endorse the bill legalising same-sex marriages, he answered: " Soy el Rey de España y no el de Bélgica" ("I am the King of Spain and not that of Belgium")—a reference to King Baudouin of Belgium, who had refused to sign the Belgian law legalising abortion. The King gave royal assent to Law 13/2005 on 1 July 2005; the law was in the Boletín Oficial del Estado on 2 July and came into effect on 3 July 2005.
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