Queen-in-Parliament
Encyclopedia
The Queen-in-Parliament sometimes referred to as the Crown-in-Parliament or, more fully, as the King in Parliament under God, is a technical term of constitutional law in the Commonwealth realm
s that refers to the Crown
in its legislative role, acting with the advice and consent of the lower house
and upper house
in the case of a bicameral
parliament, or the legislature
in the case of a unicameral
parliament. Bills
passed by the houses are sent to the sovereign, or Governor-General
, Lieutenant-Governor, or Governor
as her representative, for Royal Assent
, which, once granted, makes the bill into law; these primary acts of legislation are known as acts of parliament
. An act may also provide for secondary legislation, which can be made by the Crown, subject to the simple approval, or the lack of disapproval, of parliament.
The concept of the Crown as a part of parliament is related to the idea of the fusion of powers, meaning that the executive branch and legislative branch of government are fused together. This is a key concept of the Westminster system
of government, developed in England and used across the Commonwealth and beyond. It is in contradistinction to the separation of powers
typical of presidential system
s such as that of the United States or France, where the President is in no way a part of the Congress. The specific language of "the Crown" "the King" or "the Queen" in parliament used in the Commonwealth realms of also alludes to the constitutional theory that ultimate authority or sovereignty rests with the monarch but is delegated to elected officials. This contrasts with the concept of popular sovereignty
used in most republics, even those influenced by the Westminster model, such as India or Nigeria. In federal realms of the Commonwealth, the concept of the Crown-in-the-Legislature only applies to those units which are considered separate divisions of the monarchy, sovereign within their own sphere, such Australian states or the Canadian provinces. This is the basis of the legal distinction between a province and a territory in Canada, for example. The legislature of territory does not receive its authority directly from the monarch, but it is delegated by the federal parliament. Similarly, with city councils and other local governments in the Commonwealth, the idea of the Crown-in-the-Council is not used, as the authority of local governments is derived from a charter or act that can be unilaterally amended by a higher level of government.
Because of the sovereign's place in the enactment of laws, the enacting clause of acts of parliament may mention him or her, as well as the other one or two bodies of parliament. For example, modern Canadian
acts of parliament typically contain the following enacting clause: NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows... Similarly, British Acts of the Parliament will start with: BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows... The phrasing, however, is different when the bill is passed under the provisions of the Parliament Acts 1911 and 1949
, without the consent of the Lords. Because the Queen remains a part of parliament, the enacting clause does not need to explicitly mention her as in realms such as Australia
and Tuvalu
, where the clause is simply The Parliament of Australia enacts and ENACTED by the Parliament of Tuvalu..., respectively. This may represent a distinction between whether Parliament or the Queen is the primary legislator, however.
The Scottish parliament
follows a different approach: although its acts require Royal Assent, the concept of Queen-in-Parliament has not been incorporated. Instead of the enacting clause seen in UK acts, acts of the Scottish parliament bear the following text above the long title: The Bill for this Act of the Scottish Parliament was passed by the Parliament on DATE and received Royal Assent on DATE.
Commonwealth Realm
A 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 that refers to the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in its legislative role, acting with the advice and consent of the lower house
Lower house
A lower house is one of two chambers of a bicameral legislature, the other chamber being the upper house.Despite its official position "below" the upper house, in many legislatures worldwide the lower house has come to wield more power...
and upper house
Upper house
An upper house, often called a senate, is one of two chambers of a bicameral legislature, the other chamber being the lower house; a legislature composed of only one house is described as unicameral.- Possible specific characteristics :...
in the case of a bicameral
Bicameralism
In the government, bicameralism is the practice of having two legislative or parliamentary chambers. Thus, a bicameral parliament or bicameral legislature is a legislature which consists of two chambers or houses....
parliament, or the legislature
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
in the case of a unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
parliament. Bills
Bill (proposed law)
A bill is a proposed law under consideration by a legislature. A bill does not become law until it is passed by the legislature and, in most cases, approved by the executive. Once a bill has been enacted into law, it is called an act or a statute....
passed by the houses are sent to the sovereign, or Governor-General
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
, Lieutenant-Governor, or Governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
as her representative, for Royal Assent
Royal Assent
The 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...
, which, once granted, makes the bill into law; these primary acts of legislation are known as acts of parliament
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...
. An act may also provide for secondary legislation, which can be made by the Crown, subject to the simple approval, or the lack of disapproval, of parliament.
The concept of the Crown as a part of parliament is related to the idea of the fusion of powers, meaning that the executive branch and legislative branch of government are fused together. This is a key concept of the Westminster system
Westminster System
The Westminster system is a democratic parliamentary system of government modelled after the politics of the United Kingdom. This term comes from the Palace of Westminster, the seat of the Parliament of the United Kingdom....
of government, developed in England and used across the Commonwealth and beyond. It is in contradistinction to the separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
typical of presidential system
Presidential system
A presidential system is a system of government where an executive branch exists and presides separately from the legislature, to which it is not responsible and which cannot, in normal circumstances, dismiss it....
s such as that of the United States or France, where the President is in no way a part of the Congress. The specific language of "the Crown" "the King" or "the Queen" in parliament used in the Commonwealth realms of also alludes to the constitutional theory that ultimate authority or sovereignty rests with the monarch but is delegated to elected officials. This contrasts with the concept of popular sovereignty
Popular sovereignty
Popular sovereignty or the sovereignty of the people is the political principle that the legitimacy of the state is created and sustained by the will or consent of its people, who are the source of all political power. It is closely associated with Republicanism and the social contract...
used in most republics, even those influenced by the Westminster model, such as India or Nigeria. In federal realms of the Commonwealth, the concept of the Crown-in-the-Legislature only applies to those units which are considered separate divisions of the monarchy, sovereign within their own sphere, such Australian states or the Canadian provinces. This is the basis of the legal distinction between a province and a territory in Canada, for example. The legislature of territory does not receive its authority directly from the monarch, but it is delegated by the federal parliament. Similarly, with city councils and other local governments in the Commonwealth, the idea of the Crown-in-the-Council is not used, as the authority of local governments is derived from a charter or act that can be unilaterally amended by a higher level of government.
Because of the sovereign's place in the enactment of laws, the enacting clause of acts of parliament may mention him or her, as well as the other one or two bodies of parliament. For example, modern Canadian
Canada
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...
acts of parliament typically contain the following enacting clause: NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows... Similarly, British Acts of the Parliament will start with: BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows... The phrasing, however, is different when the bill is passed under the provisions of the Parliament Acts 1911 and 1949
Parliament Acts 1911 and 1949
The Parliament Acts 1911 and 1949 are two Acts of the Parliament of the United Kingdom, which form part of the constitution of the United Kingdom. Section 2 of the Parliament Act 1949 provides that that Act and the Parliament Act 1911 are to be construed as one.The Parliament Act 1911 The...
, without the consent of the Lords. Because the Queen remains a part of parliament, the enacting clause does not need to explicitly mention her as in realms such as Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
and Tuvalu
Tuvalu
Tuvalu , formerly known as the Ellice Islands, is a Polynesian island nation located in the Pacific Ocean, midway between Hawaii and Australia. Its nearest neighbours are Kiribati, Nauru, Samoa and Fiji. It comprises four reef islands and five true atolls...
, where the clause is simply The Parliament of Australia enacts and ENACTED by the Parliament of Tuvalu..., respectively. This may represent a distinction between whether Parliament or the Queen is the primary legislator, however.
The Scottish parliament
Scottish Parliament
The 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...
follows a different approach: although its acts require Royal Assent, the concept of Queen-in-Parliament has not been incorporated. Instead of the enacting clause seen in UK acts, acts of the Scottish parliament bear the following text above the long title: The Bill for this Act of the Scottish Parliament was passed by the Parliament on DATE and received Royal Assent on DATE.