Promulgation
Encyclopedia
Promulgation is the act of formally proclaiming or declaring a new statutory
or administrative law
after its enactment. In some jurisdictions this additional step is necessary before the law can take effect.
After a new law is approved, it is announced to the public through the publication of the text of the law in a government periodical and/or on their official website
s. National laws of extraordinary importance to the public may be announced by the head of state
on a national broadcast. Local laws are usually announced in the local newspaper
s and published in bulletins or compendia
of municipal regulations.
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
or administrative law
Administrative law
Administrative law is the body of law that governs the activities of administrative agencies of government. Government agency action can include rulemaking, adjudication, or the enforcement of a specific regulatory agenda. Administrative law is considered a branch of public law...
after its enactment. In some jurisdictions this additional step is necessary before the law can take effect.
After a new law is approved, it is announced to the public through the publication of the text of the law in a government periodical and/or on their official website
Website
A website, also written as Web site, web site, or simply site, is a collection of related web pages containing images, videos or other digital assets. A website is hosted on at least one web server, accessible via a network such as the Internet or a private local area network through an Internet...
s. National laws of extraordinary importance to the public may be announced by the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
on a national broadcast. Local laws are usually announced in the local newspaper
Newspaper
A newspaper is a scheduled publication containing news of current events, informative articles, diverse features and advertising. It usually is printed on relatively inexpensive, low-grade paper such as newsprint. By 2007, there were 6580 daily newspapers in the world selling 395 million copies a...
s and published in bulletins or compendia
Compendium
A compendium is a concise, yet comprehensive compilation of a body of knowledge. A compendium may summarize a larger work. In most cases the body of knowledge will concern some delimited field of human interest or endeavour , while a "universal" encyclopedia can be referred to as a compendium of...
of municipal regulations.
Jurisdiction-specific details
- In the Commonwealth realmCommonwealth RealmA Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, promulgation is performed when granting Royal AssentRoyal AssentThe granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
. - In ArmeniaArmeniaArmenia , officially the Republic of Armenia , is a landlocked mountainous country in the Caucasus region of Eurasia...
, bills are enacted by the President of the RepublicPresident of ArmeniaPresident of Armenia is the title of the head of state of Armenia since its independence from the Soviet Union in 1991.-Democratic Republic of Armenia :*Avetis Aharonyan *Avetik Sahakyan *Avetis Aharonyan -Transcaucasian Socialist Federative Soviet Republic and Armenian...
and published in the Official Gazette. - In BelgiumBelgiumBelgium , officially the Kingdom of Belgium, is a federal state in Western Europe. It is a founding member of the European Union and hosts the EU's headquarters, and those of several other major international organisations such as NATO.Belgium is also a member of, or affiliated to, many...
, statutes are promulgated by the King of the Belgians and published in the Belgian Official JournalBelgian Official JournalThe Belgian Official Journal is the official journal of the Kingdom of Belgium....
. Decrees and Ordinances are promulgated by the different Regional and Community governments and published in the Belgian Official Journal. - In FranceFranceThe French Republic , The French Republic , The French Republic , (commonly known as France , is a unitary semi-presidential republic in Western Europe with several overseas territories and islands located on other continents and in the Indian, Pacific, and Atlantic oceans. Metropolitan France...
, the President of the Republic promulgates law (he may ask Parliament to reconsider the law, but only once). - In GermanyGermanyGermany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, the President of GermanyPresident of GermanyThe President of the Federal Republic of Germany is the country's head of state. His official title in German is Bundespräsident . Germany has a parliamentary system of government and so the position of President is largely ceremonial...
has the duty to duly promulgate and issue laws, unless they deem them "evidently unconstitutional." The question to what degree they must be convinced of the constitutional violation to deny promulgation is hotly debated. One such case arose in July 2005, when it was unclear whether Horst KöhlerHorst KöhlerHorst Köhler is a German politician of the Christian Democratic Union. He was President of Germany from 2004 to 2010. As the candidate of the two Christian Democratic sister parties, the CDU and the CSU, and the liberal FDP, Köhler was elected to his first five-year term by the Federal Assembly on...
would sign the bill that paved the way for new electionElectionAn election is a formal decision-making process by which a population chooses an individual to hold public office. Elections have been the usual mechanism by which modern representative democracy operates since the 17th century. Elections may fill offices in the legislature, sometimes in the...
s in September 2005, after the German government under Gerhard SchröderGerhard SchröderGerhard Fritz Kurt Schröder is a German politician, and was Chancellor of Germany from 1998 to 2005. A member of the Social Democratic Party of Germany , he led a coalition government of the SPD and the Greens. Before becoming a full-time politician, he was a lawyer, and before becoming Chancellor...
had lost a parliamentary vote of confidence on purpose. He eventually did. - In HungaryHungaryHungary , officially the Republic of Hungary , is a landlocked country in Central Europe. It is situated in the Carpathian Basin and is bordered by Slovakia to the north, Ukraine and Romania to the east, Serbia and Croatia to the south, Slovenia to the southwest and Austria to the west. The...
laws have to be promulgated by the President of the Republic and must be published afterwards in the Magyar Közlöny which is the national gazette. - In Hong KongHong KongHong Kong is one of two Special Administrative Regions of the People's Republic of China , the other being Macau. A city-state situated on China's south coast and enclosed by the Pearl River Delta and South China Sea, it is renowned for its expansive skyline and deep natural harbour...
, bills have to be signed and promulgated by the Chief ExecutiveChief Executive of Hong KongThe Chief Executive of Hong Kong is the President of the Executive Council of Hong Kong and head of the Government of the Hong Kong Special Administrative Region. The position was created to replace the Governor of Hong Kong, who was the head of the Hong Kong government during British rule...
, and be announced by the government by gazetting. - In the Republic of IrelandRepublic of IrelandIreland , described as the Republic of Ireland , is a sovereign state in Europe occupying approximately five-sixths of the island of the same name. Its capital is Dublin. Ireland, which had a population of 4.58 million in 2011, is a constitutional republic governed as a parliamentary democracy,...
, all laws passed by the OireachtasOireachtasThe Oireachtas , sometimes referred to as Oireachtas Éireann, is the "national parliament" or legislature of Ireland. The Oireachtas consists of:*The President of Ireland*The two Houses of the Oireachtas :**Dáil Éireann...
are promulgated by a notice in the Iris OifigiúilIris OifigiúilIris Oifigiúil replaced the former Dublin Gazette on 31 January 1922 as the official newspaper of record of the Irish Free State, the state which has since become known as Ireland....
published by the President of IrelandPresident of IrelandThe President of Ireland is the head of state of Ireland. The President is usually directly elected by the people for seven years, and can be elected for a maximum of two terms. The presidency is largely a ceremonial office, but the President does exercise certain limited powers with absolute...
, as required by the Constitution of IrelandConstitution of IrelandThe Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
. - In the Isle of ManIsle of ManThe Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
, by ancient custom an Act of TynwaldTynwaldThe Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
, the legislature of the island, did not come into force until it had been "promulgated" at an open-air sitting of TynwaldTynwaldThe Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
, usually held on Tynwald Hill at St John's on St John's Day (24 June) but since the adoption of the Gregorian calendar in 1753 on 5 July (or on the following Monday if 5 July is a Saturday or Sunday). Promulgation originally consisted of the reading of the Act in English and ManxManx languageManx , also known as Manx Gaelic, and as the Manks language, is a Goidelic language of the Indo-European language family, historically spoken by the Manx people. Only a small minority of the Island's population is fluent in the language, but a larger minority has some knowledge of it...
, but after 1865 the reading of the title of the Act and a summary of each section were sufficient. This was reduced in 1895 to the titles and a memorandum of the object and purport of the Act, and since 1988 only the short title and a summary of the long title have been read. An emergency procedure enabling an Act to come into force on Royal Assent being announced at an ordinary sitting of TynwaldTynwaldThe Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
, subject to its being promulgated within 12 months, was introduced in 1916; since 1976 this has been the 'default' procedure, and since 1988 an Act ceases to have effect unless promulgated within 18 months after Royal Assent is announced in Tynwald. - In ItalyItalyItaly , officially the Italian Republic languages]] under the European Charter for Regional or Minority Languages. In each of these, Italy's official name is as follows:;;;;;;;;), is a unitary parliamentary republic in South-Central Europe. To the north it borders France, Switzerland, Austria and...
, the President of the Republic promulgates law. The President remand a law to the Chambers of Parliament, with an explanation, and ask for reconsideration—but must promulgate the law if it is re-approved without modification. - In JapanJapanJapan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
, the EmperorEmperor of JapanThe Emperor of Japan is, according to the 1947 Constitution of Japan, "the symbol of the state and of the unity of the people." He is a ceremonial figurehead under a form of constitutional monarchy and is head of the Japanese Imperial Family with functions as head of state. He is also the highest...
promulgates laws passed by the DietDiet of JapanThe is Japan's bicameral legislature. It is composed of a lower house, called the House of Representatives, and an upper house, called the House of Councillors. Both houses of the Diet are directly elected under a parallel voting system. In addition to passing laws, the Diet is formally...
, but the Emperor cannot refuse to promulgate a law. - In KenyaKenyaKenya , officially known as the Republic of Kenya, is a country in East Africa that lies on the equator, with the Indian Ocean to its south-east...
, promulgation is performed by the president. - In MaltaMaltaMalta , officially known as the Republic of Malta , is a Southern European country consisting of an archipelago situated in the centre of the Mediterranean, south of Sicily, east of Tunisia and north of Libya, with Gibraltar to the west and Alexandria to the east.Malta covers just over in...
, when a bill is approved by the House of RepresentativesHouse of Representatives of MaltaThe House of Representatives is the unicameral legislature of Malta and a component of the Parliament of Malta.The House is composed of an odd number of members elected for a five year term...
, it is presented to the President of MaltaPresident of MaltaThe President of Malta is the constitutional head of state of Malta.The President is appointed by a resolution of the House of Representatives of Malta for a five year term, taking an oath to "preserve, protect and defend" the Constitution....
for his assent. According to constitutional obligation he shall without delay signify that he assents and hence promulgate the said Bill into a Parliamentary Act. The Parliamentary Act is then published in the government gazette having effect thereof. - In MexicoMexicoThe United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
, a law is approved by Congress, signed by the President and published in the Official Daily of the Federation (DOF - Diario Oficial de la Federación) - Each Law in its Transitional Articles (Transitorios) states when the Law takes effect (entra en vigor) and, when applicable, what law it cancels and replaces. Regulations are prepared by the Executive branch in order to establish the administration of the Law. They are signed by the President and published in the DOF. - In PolandPolandPoland , officially the Republic of Poland , is a country in Central Europe bordered by Germany to the west; the Czech Republic and Slovakia to the south; Ukraine, Belarus and Lithuania to the east; and the Baltic Sea and Kaliningrad Oblast, a Russian exclave, to the north...
laws have to be promulgated by the President of the RepublicPresident of the Republic of PolandThe President of the Republic of Poland is the Polish head of state. His or her rights and obligations are determined in the Constitution of Poland....
in the Dziennik UstawDziennik UstawDziennik Ustaw or Dziennik Ustaw Rzeczypospolitej Polskiej is the most important Polish publication of legal acts. It is the only official source of law for promulgation of Polish laws. The publication of this journal is solely the responsibility of the Prime Minister of the Republic of Poland...
journal. The President may refer to the Constitutional Tribunal; if he has not made reference, he may refer the bill to the SejmSejmThe Sejm is the lower house of the Polish parliament. The Sejm is made up of 460 deputies, or Poseł in Polish . It is elected by universal ballot and is presided over by a speaker called the Marshal of the Sejm ....
(vetoVetoA veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
) for further reconsideration. The bill shall then be repassed only by a qualified majority of three-fifths in the presence of at least half of the statutory number of Deputies. - For Roman Catholic ChurchRoman Catholic ChurchThe Catholic Church, also known as the Roman Catholic Church, is the world's largest Christian church, with over a billion members. Led by the Pope, it defines its mission as spreading the gospel of Jesus Christ, administering the sacraments and exercising charity...
canon lawCanon law (Catholic Church)The canon law of the Catholic Church, is a fully developed legal system, with all the necessary elements: courts, lawyers, judges, a fully articulated legal code and principles of legal interpretation. It lacks the necessary binding force present in most modern day legal systems. The academic...
, laws issued by the PopePopeThe Pope is the Bishop of Rome, a position that makes him the leader of the worldwide Catholic Church . In the Catholic Church, the Pope is regarded as the successor of Saint Peter, the Apostle...
or an ecumenical councilEcumenical councilAn ecumenical council is a conference of ecclesiastical dignitaries and theological experts convened to discuss and settle matters of Church doctrine and practice....
are promulgated when they are published in Acta Apostolicae SedisActa Apostolicae SedisActa Apostolicae Sedis , often cited as AAS, is the official gazette of the Holy See, appearing about twelve times a year. It was established by Pope Pius X with the decree Promulgandi Pontificias Constitutiones , and publication began in January 1909...
and by default have the force of law three months after promulgation. Laws issued by bishops and particular councilSynodA synod historically is a council of a church, usually convened to decide an issue of doctrine, administration or application. In modern usage, the word often refers to the governing body of a particular church, whether its members are meeting or not...
s are promulgated in various ways but by default take effect one month after promulgation. - In RomaniaRomaniaRomania is a country located at the crossroads of Central and Southeastern Europe, on the Lower Danube, within and outside the Carpathian arch, bordering on the Black Sea...
, bills have to be promulgated by the PresidentPresident of RomaniaThe President of Romania is the head of state of Romania. The President is directly elected by a two-round system for a five-year term . An individual may serve two terms...
and afterwards published in the official gazette Monitorul OficialMonitorul OficialMonitorul Oficial al României is the official gazette of Romania, in which all the promulgated bills, presidential decrees, governmental ordinances and other major legal acts are published.-External links:...
. - In TurkeyTurkeyTurkey , known officially as the Republic of Turkey , is a Eurasian country located in Western Asia and in East Thrace in Southeastern Europe...
, bills are promulgated by President of the Republic and published in the official gazette, Resmi Gazete. - Although the United States ConstitutionUnited States ConstitutionThe 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...
does not refer to "promulgation" as such, U.S. laws take effect upon being signed by the President of the United StatesPresident of the United StatesThe President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
or upon the overriding of a presidential vetoVetoA veto, Latin for "I forbid", is the power of an officer of the state to unilaterally stop an official action, especially enactment of a piece of legislation...
. In United States administrative lawUnited States administrative lawUnited States administrative law encompasses a number of statutes and cases which define the extent of the powers and responsibilities held by administrative agencies of the United States Government. The executive, legislative, and judicial branches of the U.S. federal government cannot always...
, a regulation may be said to be formally promulgated by an administrative agency when it appears in the Federal RegisterFederal RegisterThe Federal Register , abbreviated FR, or sometimes Fed. Reg.) is the official journal of the federal government of the United States that contains most routine publications and public notices of government agencies...
and after the public-comment period concludes.