Ratification
Encyclopedia
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties
, and constitutionals in federations such as the United States and Canada.
The other situation is common in trade union
collective bargaining agreements. The Union authorizes one or more people to negotiate and sign an agreement with management, but the agreement does not become legally binding until the union members ratify the agreement. If they do not approve it, the agreement is of no effect, and negotiations resume.
In the UK, treaty ratification is a Royal Prerogative
, exercised by Her Majesty's Government; however, by convention called the Ponsonby Rule
, treaties are usually placed before parliament for 21 days before ratification.
In the US, the treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate a treaty, but the treaty must be advised and consented to by a two-thirds vote in the Senate
. Only after the Senate approves the treaty can the President ratify it. Once a treaty is ratified, it becomes binding on all the states under the Supremacy Clause. While the United States House of Representatives
does not vote on it at all, the requirement for Senate advice and consent to ratification makes it considerably more difficult in the US than in other democratic republics to rally enough political support for international treaties. Also, if implementation of the treaty requires the expenditure of funds, the House of Representatives may be able to block, or at least impede, such implementation by refusing to vote for the appropriation of the necessary funds.
In the US, the President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession) the treaty is then forwarded to the floor of the full U.S. Senate for such a vote. The treaty or legislation does not apply until it has been ratified. A multilateral agreement may provide that it will take effect upon its ratification by less than all of the signatories. Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification. Accession is a synonym for ratification for treaties already negotiated and signed by other states. An example of a treaty to which the U.S. Senate did not advise and consent to ratification is the Treaty of Versailles
, which was part of the resolution of the First World War.
—a proposed constitutional document for the European Union
(EU)—varied from country to country; seven countries were intending to hold binding referendum
s to determine the outcome, sixteen would decide by parliament
ary vote and two countries opted for parliamentary approval advised by an advisory referendum. To take full effect, the constitution should have been ratified by all the member states of the EU as well as the European Parliament
. The constitution was ratified by the European Parliament and sixteen member states (based on the parliaments of fourteen member states, and referendums in two others, Spain
and Luxembourg
). However, referendums first in France
(on 29 May 2005) and then in the Netherlands
(on 1 June 2005) rejected the constitution. After some minor modifications, such as dropping the label 'constitution' and references to the flag, the text was adopted as the Treaty of Lisbon
.
Ratification of the Treaty of Lisbon
took place on November 3, 2009 with the signature of the Czech republic. This happened after the constitutional court of the Czech republic found the Lisbon treaty to be compatible with the Czech constitution.
of the constitution
of the United States
describes the process by which the entire document was to become effective. It required that conventions of nine of the thirteen original States
ratify the constitution. Once word was received that the ninth state had ratified the constitution—New Hampshire, June 21, 1788 - a timetable was set for the start of operations under the Constitution, and on March 4, 1789, the government under the Constitution began operations.
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
, and constitutionals in federations such as the United States and Canada.
Private law
In contract law, the need for ratification can arise in two ways: Where the agent attempts to bind the principal despite lacking the authority to do so, and where the principal authorizes the agent to make an agreement, but reserves the right to approve it. An example of the first situation is where an employee not normally responsible for procuring supplies contracts to do so on the employer's behalf. The employer's choice on discovering the contract is to ratify it or to repudiate it.The other situation is common in trade union
Trade union
A trade union, trades union or labor union is an organization of workers that have banded together to achieve common goals such as better working conditions. The trade union, through its leadership, bargains with the employer on behalf of union members and negotiates labour contracts with...
collective bargaining agreements. The Union authorizes one or more people to negotiate and sign an agreement with management, but the agreement does not become legally binding until the union members ratify the agreement. If they do not approve it, the agreement is of no effect, and negotiations resume.
Ratification of an international treaty
The ratification of international treaties is accomplished by filing instruments of ratification as provided for in the treaty. In most democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures (i.e., passing a bill).In the UK, treaty ratification is a Royal Prerogative
Royal Prerogative
The royal prerogative is a body of customary authority, privilege, and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy as belonging to the sovereign alone. It is the means by which some of the executive powers of government, possessed by and...
, exercised by Her Majesty's Government; however, by convention called the Ponsonby Rule
Ponsonby Rule
The Ponsonby Rule was a constitutional convention in the United Kingdom constitutional law that dictated that most international treaties had to be laid before parliament 21 days before ratification....
, treaties are usually placed before parliament for 21 days before ratification.
In the US, the treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate a treaty, but the treaty must be advised and consented to by a two-thirds vote in the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
. Only after the Senate approves the treaty can the President ratify it. Once a treaty is ratified, it becomes binding on all the states under the Supremacy Clause. While the United States House of Representatives
United States House of Representatives
The United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
does not vote on it at all, the requirement for Senate advice and consent to ratification makes it considerably more difficult in the US than in other democratic republics to rally enough political support for international treaties. Also, if implementation of the treaty requires the expenditure of funds, the House of Representatives may be able to block, or at least impede, such implementation by refusing to vote for the appropriation of the necessary funds.
In the US, the President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession) the treaty is then forwarded to the floor of the full U.S. Senate for such a vote. The treaty or legislation does not apply until it has been ratified. A multilateral agreement may provide that it will take effect upon its ratification by less than all of the signatories. Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification. Accession is a synonym for ratification for treaties already negotiated and signed by other states. An example of a treaty to which the U.S. Senate did not advise and consent to ratification is the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
, which was part of the resolution of the First World War.
Ratification of the European Constitution
The process for ratifying the Treaty establishing a Constitution for EuropeTreaty establishing a Constitution for Europe
The Treaty establishing a Constitution for Europe , , was an unratified international treaty intended to create a consolidated constitution for the European Union...
—a proposed constitutional document for the European Union
European Union
The European Union is an economic and political union of 27 independent member states which are located primarily in Europe. The EU traces its origins from the European Coal and Steel Community and the European Economic Community , formed by six countries in 1958...
(EU)—varied from country to country; seven countries were intending to hold binding referendum
Referendum
A referendum is a direct vote in which an entire electorate is asked to either accept or reject a particular proposal. This may result in the adoption of a new constitution, a constitutional amendment, a law, the recall of an elected official or simply a specific government policy. It is a form of...
s to determine the outcome, sixteen would decide by parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
ary vote and two countries opted for parliamentary approval advised by an advisory referendum. To take full effect, the constitution should have been ratified by all the member states of the EU as well as the European Parliament
European Parliament
The European Parliament is the directly elected parliamentary institution of the European Union . Together with the Council of the European Union and the Commission, it exercises the legislative function of the EU and it has been described as one of the most powerful legislatures in the world...
. The constitution was ratified by the European Parliament and sixteen member states (based on the parliaments of fourteen member states, and referendums in two others, Spain
Spain
Spain , officially the Kingdom of Spain languages]] under the European Charter for Regional or Minority Languages. In each of these, Spain's official name is as follows:;;;;;;), is a country and member state of the European Union located in southwestern Europe on the Iberian Peninsula...
and Luxembourg
Luxembourg
Luxembourg , officially the Grand Duchy of Luxembourg , is a landlocked country in western Europe, bordered by Belgium, France, and Germany. It has two principal regions: the Oesling in the North as part of the Ardennes massif, and the Gutland in the south...
). However, referendums first in France
France
The 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...
(on 29 May 2005) and then in the Netherlands
Netherlands
The Netherlands is a constituent country of the Kingdom of the Netherlands, located mainly in North-West Europe and with several islands in the Caribbean. Mainland Netherlands borders the North Sea to the north and west, Belgium to the south, and Germany to the east, and shares maritime borders...
(on 1 June 2005) rejected the constitution. After some minor modifications, such as dropping the label 'constitution' and references to the flag, the text was adopted as the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
.
Ratification of the Treaty of Lisbon
Treaty of Lisbon
The Treaty of Lisbon of 1668 was a peace treaty between Portugal and Spain, concluded at Lisbon on 13 February 1668, through the mediation of England, in which Spain recognized the sovereignty of Portugal's new ruling dynasty, the House of Braganza....
took place on November 3, 2009 with the signature of the Czech republic. This happened after the constitutional court of the Czech republic found the Lisbon treaty to be compatible with the Czech constitution.
Ratification of a constitution
Federations usually require the support of both the federal government and some given percentage of the constituent governments for amendments to the federal constitution to take effect.Ratification of the United States Constitution
Article SevenArticle Seven of the United States Constitution
Article Seven of the United States Constitution provides how many state ratifications were necessary in order for the Constitution to take effect and how a state could ratify it.-Text:-Background:...
of the 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...
of the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
describes the process by which the entire document was to become effective. It required that conventions of nine of the thirteen original States
U.S. state
A U.S. state is any one of the 50 federated states of the United States of America that share sovereignty with the federal government. Because of this shared sovereignty, an American is a citizen both of the federal entity and of his or her state of domicile. Four states use the official title of...
ratify the constitution. Once word was received that the ninth state had ratified the constitution—New Hampshire, June 21, 1788 - a timetable was set for the start of operations under the Constitution, and on March 4, 1789, the government under the Constitution began operations.
See also
- Constitutional amendmentConstitutional amendmentA constitutional amendment is a formal change to the text of the written constitution of a nation or state.Most constitutions require that amendments cannot be enacted unless they have passed a special procedure that is more stringent than that required of ordinary legislation...
- 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...
- Vienna Convention on the Law of TreatiesVienna Convention on the Law of TreatiesThe Vienna Convention on the Law of Treaties is a treaty concerning the international law on treaties between states. It was adopted on 22 May 1969 and opened for signature on 23 May 1969. The Convention entered into force on 27 January 1980. The VCLT has been ratified by 111 states as of November...