Private bill
Encyclopedia
A private bill is a proposal for a law that would apply to a particular individual or group of individuals, or corporate entity. If enacted, it becomes a private Act (of Parliament)
. This is unlike public bills which apply to everyone within their jurisdiction. Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic
countries, although its use has changed over time.
A private bill is not to be confused with a private member’s bill
, this being a bill introduced by a “backbencher
”.
, private bills today are used to deal with older organizations, such as Bill S-1001 in 2006 restructuring Scouts Canada
. Private bills can also be used to give official government tribute to some person or group. Unlike with most other legislation, it is common for private bills to originate in the Senate
rather than the House
. For the first hundred years after Confederation, private bills were more common. For example, prior to the passage of the Divorce
Act in 1968 it was only possible to obtain a legislative divorce. This required an application to the Canadian Senate which reviewed and investigated petitions for divorce. The final report of the committee handling the case would then be voted upon by the Senate and subsequently made into a Canadian law.
. The first are Acts for the benefit of individuals (known as Private or Personal Acts) which have historically often dealt with divorces or granting British nationality to foreigners, but in modern terms are generally limited to authorising marriages which would otherwise not be legal.
The second type are Acts for the benefit of organisations, or authorising major projects such as railways or canals, or granting extra powers to local authorities (known as Local Acts).
, private bills were common between 1817 and 1971. Now federal agencies are able to deal with most of the issues that were previously dealt with under private bills as these agencies have been granted sufficient discretion by the United States Congress
to deal with exceptions to the general legislative scheme of various laws. The kinds of private bills that are still introduced include grants of citizenship
to individuals who are otherwise ineligible for normal visa
processing; alleviation of tax
liability; armed services decorations and veteran benefits.
Private laws are published individually as slip laws and included chronologically in United States Statutes at Large
. Slip laws and U.S. Statutes at Large are available in most academic libraries and Federal Depository Library Program institutions, and at the U.S. Government Printing Office.
In the United States Constitution
, the concept of a private law, when applied punitively, is covered by the term bill of attainder
.
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
. This is unlike public bills which apply to everyone within their jurisdiction. Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic
Democracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
countries, although its use has changed over time.
A private bill is not to be confused with a private member’s bill
Private Member's Bill
A member of parliament’s legislative motion, called a private member's bill or a member's bill in some parliaments, is a proposed law introduced by a member of a legislature. In most countries with a parliamentary system, most bills are proposed by the government, not by individual members of the...
, this being a bill introduced by a “backbencher
Backbencher
In Westminster parliamentary systems, a backbencher is a Member of Parliament or a legislator who does not hold governmental office and is not a Front Bench spokesperson in the Opposition...
”.
Canada
In CanadaCanada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
, private bills today are used to deal with older organizations, such as Bill S-1001 in 2006 restructuring Scouts Canada
Scouts Canada
Scouts Canada is a Canadian Scouting association that, in affiliation with the French-language Association des Scouts du Canada, is a member of the World Organization of the Scout Movement...
. Private bills can also be used to give official government tribute to some person or group. Unlike with most other legislation, it is common for private bills to originate in the Senate
Canadian Senate
The Senate of Canada is a component of the Parliament of Canada, along with the House of Commons, and the monarch . The Senate consists of 105 members appointed by the governor general on the advice of the prime minister...
rather than the House
Canadian House of Commons
The House of Commons of Canada is a component of the Parliament of Canada, along with the Sovereign and the Senate. The House of Commons is a democratically elected body, consisting of 308 members known as Members of Parliament...
. For the first hundred years after Confederation, private bills were more common. For example, prior to the passage of the Divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
Act in 1968 it was only possible to obtain a legislative divorce. This required an application to the Canadian Senate which reviewed and investigated petitions for divorce. The final report of the committee handling the case would then be voted upon by the Senate and subsequently made into a Canadian law.
United Kingdom
There are two types of private Act in the United KingdomUnited Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. The first are Acts for the benefit of individuals (known as Private or Personal Acts) which have historically often dealt with divorces or granting British nationality to foreigners, but in modern terms are generally limited to authorising marriages which would otherwise not be legal.
The second type are Acts for the benefit of organisations, or authorising major projects such as railways or canals, or granting extra powers to local authorities (known as Local Acts).
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, private bills were common between 1817 and 1971. Now federal agencies are able to deal with most of the issues that were previously dealt with under private bills as these agencies have been granted sufficient discretion by the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
to deal with exceptions to the general legislative scheme of various laws. The kinds of private bills that are still introduced include grants of citizenship
Citizenship
Citizenship is the state of being a citizen of a particular social, political, national, or human resource community. Citizenship status, under social contract theory, carries with it both rights and responsibilities...
to individuals who are otherwise ineligible for normal visa
Visa (document)
A visa is a document showing that a person is authorized to enter the territory for which it was issued, subject to permission of an immigration official at the time of actual entry. The authorization may be a document, but more commonly it is a stamp endorsed in the applicant's passport...
processing; alleviation of tax
Tax
To tax is to impose a financial charge or other levy upon a taxpayer by a state or the functional equivalent of a state such that failure to pay is punishable by law. Taxes are also imposed by many subnational entities...
liability; armed services decorations and veteran benefits.
Private laws are published individually as slip laws and included chronologically in United States Statutes at Large
United States Statutes at Large
The United States Statutes at Large, commonly referred to as the Statutes at Large and abbreviated Stat., are the official source for the laws and concurrent resolutions passed by the United States Congress...
. Slip laws and U.S. Statutes at Large are available in most academic libraries and Federal Depository Library Program institutions, and at the U.S. Government Printing Office.
In the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
, the concept of a private law, when applied punitively, is covered by the term bill of attainder
Bill of attainder
A bill of attainder is an act of a legislature declaring a person or group of persons guilty of some crime and punishing them without benefit of a judicial trial.-English law:...
.