Royal Assent - AbsoluteAstronomy.com

The granting of royal assent refers to the method by which any constitutional monarch

Constitutional monarchy

Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...

formally approves and promulgates an act of his or her nation's 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...

, thus making it a law

Law

Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...

. In the vast majority of contemporary monarchies, this act is considered to be little more than a formality; even in those nations which still permit their ruler to withhold the royal assent (such as the United Kingdom

United 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...

, Norway

Norway

Norway , officially the Kingdom of Norway, is a Nordic unitary constitutional monarchy whose territory comprises the western portion of the Scandinavian Peninsula, Jan Mayen, and the Arctic archipelago of Svalbard and Bouvet Island. Norway has a total area of and a population of about 4.9 million...

and Liechtenstein

Liechtenstein

The Principality of Liechtenstein is a doubly landlocked alpine country in Central Europe, bordered by Switzerland to the west and south and by Austria to the east. Its area is just over , and it has an estimated population of 35,000. Its capital is Vaduz. The biggest town is Schaan...

), the monarch almost never does so save in a dire political emergency (see reserve power

Reserve power

In a parliamentary or semi-presidential system of government, a reserve power is a power that may be exercised by the head of state without the approval of another branch of the government. Unlike a presidential system of government, the head of state is generally constrained by the cabinet or the...

), or upon the advice of his or her government. While the power to withhold royal assent

Veto

A 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...

was once exercised often in European monarchies, it is exceedingly rare in the modern, democratic political atmosphere that has developed there since the 18th century.

The granting of royal assent is sometimes associated with elaborate ceremonies. In the United Kingdom, for instance, the Sovereign may appoint Lords Commissioners

Lords Commissioners

The Lords Commissioners are Privy Counsellors appointed by the Monarch of the United Kingdom to exercise, on his or her behalf, certain functions relating to Parliament which would otherwise require the monarch's attendance at the Palace of Westminster...

, who announce that the Royal Assent has been granted at a ceremony held at the Palace of Westminster

Palace of Westminster

The Palace of Westminster, also known as the Houses of Parliament or Westminster Palace, is the meeting place of the two houses of the Parliament of the United Kingdom—the House of Lords and the House of Commons...

. However the Royal Assent is usually granted less ceremonially by letters patent

Letters patent

Letters patent are a type of legal instrument in the form of a published written order issued by a monarch or president, generally granting an office, right, monopoly, title, or status to a person or corporation...

. In other nations, including 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 Canada

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...

, the 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...

merely signs the bill. In each case, the parliament must be apprised of the granting of Assent. Two methods are available: the Lords Commissioners or 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.

United Kingdom

In the United Kingdom

United Kingdom

the Royal Assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign or the Sovereign's representative, he or she has three formal options. Firstly, the Sovereign may grant the Royal Assent, thereby making the bill an Act 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...

. Secondly, the Sovereign may withhold the Royal Assent, thereby vetoing the bill. Finally, the Sovereign may reserve the Royal Assent, that is to say, defer a decision on the bill until a later time.

Under modern constitutional conventions, the Sovereign acts on the advice of his or her ministers. Since these ministers most often maintain the support of Parliament and are the ones who obtain the passage of bills, it is highly improbable that they would advise the Sovereign to withhold Assent. An exception is sometimes stated to be if bills are not passed in "good faith", though it has been difficult to make an interpretation on what this might constitute. Hence, in modern practice, the Royal Assent is always granted; a refusal to do so would only be appropriate in an emergency situation requiring the use of the monarch's reserve power

Reserve power

Historical development

Originally, legislative power was held by the Sovereign, acting on the advice of the Curia Regis
Curia Regis
Curia regis is a Latin term meaning "royal council" or "king's court."- England :The Curia Regis, in the Kingdom of England, was a council of tenants-in-chief and ecclesiastics that advised the king of England on legislative matters...

, or Royal Council, in which important magnates and clerics participated, and which evolved into Parliament. The so-called "Model Parliament" included bishops, abbots, earls, barons, and two knights from each shire

Shire

A shire is a traditional term for a division of land, found in the United Kingdom and in Australia. In parts of Australia, a shire is an administrative unit, but it is not synonymous with "county" there, which is a land registration unit. Individually, or as a suffix in Scotland and in the far...

and two burgesses from each borough

Borough

A borough is an administrative division in various countries. In principle, the term borough designates a self-governing township although, in practice, official use of the term varies widely....

amongst it members. In 1265, the rebellious baron Simon de Montfort, 6th Earl of Leicester

Simon de Montfort, 6th Earl of Leicester

Simon de Montfort, 6th Earl of Leicester, 1st Earl of Chester , sometimes referred to as Simon V de Montfort to distinguish him from other Simon de Montforts, was an Anglo-Norman nobleman. He led the barons' rebellion against King Henry III of England during the Second Barons' War of 1263-4, and...

, irregularly called a full parliament without royal authorisation. The body eventually came to be divided into two branches: bishops, abbots, earls and barons formed the House of Lords

House of Lords

The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....

, while the shire and borough representatives formed the House of Commons

British House of Commons

The House of Commons is the lower house of the Parliament of the United Kingdom, which also comprises the Sovereign and the House of Lords . Both Commons and Lords meet in the Palace of Westminster. The Commons is a democratically elected body, consisting of 650 members , who are known as Members...

. The King would seek the advice and consent of both Houses before making any law. During Henry VI

Henry VI of England

Henry VI was King of England from 1422 to 1461 and again from 1470 to 1471, and disputed King of France from 1422 to 1453. Until 1437, his realm was governed by regents. Contemporaneous accounts described him as peaceful and pious, not suited for the violent dynastic civil wars, known as the Wars...

'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 Queen's (King's) most Excellent Majesty, by and with the advice and consent of the Lords Spiritual

Lords Spiritual

The Lords Spiritual of the United Kingdom, also called Spiritual Peers, are the 26 bishops of the established Church of England who serve in the House of Lords along with the Lords Temporal. The Church of Scotland, which is Presbyterian, is not represented by spiritual peers...

and Temporal

Peerage

The Peerage is a legal system of largely hereditary titles in the United Kingdom, which constitute the ranks of British nobility and is part of the British honours system...

, and Commons, in this present Parliament assembled, and by the authority of the same, as follows...". 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...

provide a second potential preamble if the House of Lords is excluded from the process.

The power of Parliament to pass bills was often thwarted by monarchs. Charles I

Charles I of England

Charles I was King of England, King of Scotland, and King of Ireland from 27 March 1625 until his execution in 1649. Charles engaged in a struggle for power with the Parliament of England, attempting to obtain royal revenue whilst Parliament sought to curb his Royal prerogative which Charles...

dissolved Parliament in 1629 after it passed bills seeking to restrict, and motions critical of, his arbitrary exercise of power. During the "Eleven Years of Tyranny" that followed, Charles performed legally dubious actions, such as raising taxes without Parliament's approval. After the English Civil War

English Civil War

The English Civil War was a series of armed conflicts and political machinations between Parliamentarians and Royalists...

, it was accepted that Parliament should be summoned to meet regularly, but it was still commonplace for monarchs to refuse the Royal Assent to bills. In 1678, Charles II

Charles II of England

Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...

withheld his 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," suggesting that he, not Parliament, should control the militia

Militia

The term militia is commonly used today to refer to a military force composed of ordinary citizens to provide defense, emergency law enforcement, or paramilitary service, in times of emergency without being paid a regular salary or committed to a fixed term of service. It is a polyseme with...

. The last Stuart monarch, Anne

Anne of Great Britain

Anne ascended the thrones of England, Scotland and Ireland on 8 March 1702. On 1 May 1707, under the Act of Union, two of her realms, England and Scotland, were united as a single sovereign state, the Kingdom of Great Britain.Anne's Catholic father, James II and VII, was deposed during the...

, similarly withheld, on the advice of her ministers, her Assent from a bill "for the settling of Militia in Scotland

Scottish Militia Bill 1708

The Scottish Militia Bill is the usual name given to a bill that was passed by the House of Commons and House of Lords of the Parliament of Great Britain in spring 1708, but vetoed by Queen Anne on the advice of her ministers on 11 March 1708 for fear that the proposed militia created would be...

" on 11 March 1708, but no monarch since has withheld the Royal Assent on a bill passed by the British Parliament.

During the rule of the succeeding Hanoverian dynasty

House of Hanover

The House of Hanover is a deposed German royal dynasty which has ruled the Duchy of Brunswick-Lüneburg , the Kingdom of Hanover, the Kingdom of Great Britain, the Kingdom of Ireland and the United Kingdom of Great Britain and Ireland...

, power was gradually transferred from the Sovereign to Parliament and the Government. The first Hanoverian monarch, George I

George I of Great Britain

George I was King of Great Britain and Ireland from 1 August 1714 until his death, and ruler of the Duchy and Electorate of Brunswick-Lüneburg in the Holy Roman Empire from 1698....

, relied on his ministers to a greater extent than previous monarchs. Later Hanoverian monarchs attempted to restore royal control over legislation. George III

George III of the United Kingdom

George III was King of Great Britain and King of Ireland from 25 October 1760 until the union of these two countries on 1 January 1801, after which he was King of the United Kingdom of Great Britain and Ireland until his death...

and George IV

George IV of the United Kingdom

George IV was the King of the United Kingdom of Great Britain and Ireland and also of Hanover from the death of his father, George III, on 29 January 1820 until his own death ten years later...

both openly opposed Catholic Emancipation

Catholic Emancipation

Catholic emancipation or Catholic relief was a process in Great Britain and Ireland in the late 18th century and early 19th century which involved reducing and removing many of the restrictions on Roman Catholics which had been introduced by the Act of Uniformity, the Test Acts and the penal laws...

, an attempt to abolish the religious restrictions which prevented Roman Catholics from serving in certain public posts. Both asserted that to grant Assent to a Catholic Emancipation bill would violate the coronation oath

Coronation of the British monarch

The coronation of the British monarch is a ceremony in which the monarch of the United Kingdom is formally crowned and invested with regalia...

, which required the Sovereign to preserve and protect the established Church of England

Church of England

The Church of England is the officially established Christian church in England and the Mother Church of the worldwide Anglican Communion. The church considers itself within the tradition of Western Christianity and dates its formal establishment principally to the mission to England by St...

from Papal domination, and would grant rights to individuals who were in league with a foreign power which did not recognize 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 the Royal Assent has fallen into disuse, both in the United Kingdom and in the Commonwealth Realms.

In 1914, George V

George V of the United Kingdom

George V was King of the United Kingdom and the British Dominions, and Emperor of India, from 6 May 1910 through the First World War until his death in 1936....

did take legal advice on withholding the Royal Assent from the Government of Ireland Bill

Home Rule Act 1914

The Government of Ireland Act 1914 , also known as the Third Home Rule Bill, was an Act passed by the Parliament of the United Kingdom intended to provide self-government for Ireland within the United Kingdom of Great Britain and Ireland.The Act was the first law ever passed by the Parliament of...

, a highly contentious piece of legislation that the Liberal

Liberal Party (UK)

The Liberal Party was one of the two major political parties of the United Kingdom during the 19th and early 20th centuries. It was a third party of negligible importance throughout the latter half of the 20th Century, before merging with the Social Democratic Party in 1988 to form the present day...

government intended to push through parliament by means of the Parliament Act 1911

Parliament Act 1911

The Parliament Act 1911 is an Act of the Parliament of the United Kingdom. It is constitutionally important and partly governs the relationship between the House of Commons and the House of Lords which make up the Houses of Parliament. This Act must be construed as one with the Parliament Act 1949...

. The King decided that he should not withhold the Assent without "convincing evidence that it would avert a national disaster, or at least have a tranquillizing effect on the distracting conditions of the time".

In certain circumstances, where bills impact the interests prerogatives

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...

of the Crown or the personal property of the monarch direct monarchical consent is required to progress a bill, even before the Royal Assent stage, this is called Queen's Consent

Queen's Consent

In the United Kingdom, Queen's Consent is required for a bill affecting the prerogative of the Crown or the interests of the Crown, the Duchy of Lancaster or the Duchy of Cornwall...

. On occasions, consent is required from the Prince of Wales, this is called Prince's Consent.

Ceremony

In the United Kingdom, a bill is presented for Royal Assent after it has been passed by both the House of Commons and the House of Lords. Alternatively, under the Parliament Acts 1911 and 1949

Parliament Acts 1911 and 1949

, the House of Commons may, under certain circumstances, direct that a bill be presented for Assent despite non-passage in the House of Lords. Officially, Assent is granted by the Sovereign or by Lords Commissioners

Lords Commissioners

authorised to act by letters patent

Letters patent

. It 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, an official of the House of Lords, traditionally states an Anglo-Norman

Anglo-Norman language

Anglo-Norman is the name traditionally given to the kind of Old Norman used in England and to some extent elsewhere in the British Isles during the Anglo-Norman period....

formula indicating the Sovereign's decision. The granting of the Royal Assent to a supply bill is indicated with the words La Reyne remercie ses bons sujets, accepte leur benevolence, et ainsi le veult, translated as "The Queen thanks her good subjects, accepts their bounty, and wills it so." For other public or private bills, the formula is simply La Reyne le veult (the Queen wills it). For personal bills, the phrase was Soit fait comme il est désiré (let it be as it is desired). The appropriate formula for withholding Assent is the euphemistic La Reyne s'avisera (the Queen will consider it). When the Sovereign is male, Le Roy is substituted for La Reyne.

Before the reign of Henry VIII, the Sovereign always granted his or her Assent in person. The Sovereign, wearing the Imperial State Crown

Imperial State Crown

The Imperial State Crown is one of the Crown Jewels of the United Kingdom.- Design :The Crown is of a design similar to St Edward's Crown: it includes a base of four crosses pattée alternating with four fleurs-de-lis, above which are four half-arches surmounted by a cross. Inside is a velvet cap...

, would be seated on the Throne in the Lords Chamber, surrounded by herald

Herald

A herald, or, more correctly, a herald of arms, is an officer of arms, ranking between pursuivant and king of arms. The title is often applied erroneously to all officers of arms....

s and members of the Royal Court – a scene that nowadays is repeated only at the annual State Opening of Parliament

State Opening of Parliament

In the United Kingdom, the State Opening of Parliament is an annual event that marks the commencement of a session of the Parliament of the United Kingdom. It is held in the House of Lords Chamber, usually in November or December or, in a general election year, when the new Parliament first assembles...

. The Commons, led by their Speaker

Speaker of the British House of Commons

The Speaker of the House of Commons is the presiding officer of the House of Commons, the United Kingdom's lower chamber of Parliament. The current Speaker is John Bercow, who was elected on 22 June 2009, following the resignation of Michael Martin...

, would listen from the Bar of the Lords, just outside the Chamber. The Clerk of the Parliaments presented the bills awaiting Assent to the Sovereign, 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 Henry VIII

Henry VIII of England

Henry VIII was King of England from 21 April 1509 until his death. He was Lord, and later King, of Ireland, as well as continuing the nominal claim by the English monarchs to the Kingdom of France...

. In 1542, Henry sought to execute his fifth wife, Catherine Howard

Catherine Howard

Catherine Howard , also spelled Katherine, Katheryn or Kathryn, was the fifth wife of Henry VIII of England, and sometimes known by his reference to her as his "rose without a thorn"....

, whom he accused of committing adultery; the execution was to be authorised not after a trial but by a 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:...

, 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". 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. 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. Victoria

Victoria of the United Kingdom

Victoria was the monarch of the United Kingdom of Great Britain and Ireland from 20 June 1837 until her death. From 1 May 1876, she used the additional title of Empress of India....

became the last Sovereign to personally grant Assent in 1854.

When granting Assent by Commission, the Sovereign authorises three or more (normally five) Lords who are Privy Counsellors

Privy Council of the United Kingdom

Her Majesty's Most Honourable Privy Council, usually known simply as the Privy Council, is a formal body of advisers to the Sovereign in the United Kingdom...

to grant Assent in his or her name. The Lords Commissioners

Lords Commissioners

, as the Sovereign's representatives are known, wear scarlet Parliamentary Robes and sit on a bench between the Throne and the Woolsack

Woolsack

The Woolsack is the seat of the Lord Speaker in the House of Lords, the Upper House of the Parliament of the United Kingdom. From the Middle Ages until 2006, the presiding officer in the House of Lords was the Lord Chancellor and the Woolsack was usually mentioned in association with the office of...

, with the Speaker and the Commons attending at the Bar of the Lords. The Lords Reading Clerk reads the Commission aloud; the senior Commissioner then states, "My Lords, in obedience to Her 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 Her Majesty has given Her Royal Assent to the several Acts in the Commission mentioned." Thereafter, the Clerk of the Crown states the title, with the Clerk of the Parliaments responding with the appropriate Norman French formula.

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

Black Rod

The Gentleman Usher of the Black Rod, generally shortened to just Black Rod, is an official in the parliaments of several Commonwealth countries. The position originates in the House of Lords of the Parliament of the United Kingdom...

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 the Royal Assent. Thus, the granting of Assent by the monarch in person, or Commission is still possible, but this third form is used on a day-to-day basis.

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 the Royal Assent has been granted to the acts mentioned. Thus, unlike the granting of Royal Assent by the Sovereign 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, with minor amendments in 2000. No law has been assented to by the monarch in person since the reign of Queen Victoria. However, formally, this still remains the standard method, a fact that is recited 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 the 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...").

When the Act is assented by the Sovereign in person, or by Royal Commissioners empowered by him, Royal Assent is considered given at the moment when the assent is declared in the presence of both Houses jointly assembled. When the procedure created by the Royal Assent Act, 1967 is followed, Assent is considered granted when the presiding officers of both Houses, having received the Letters Patent from the monarch signifying the Assent, have notified their respective House of the grant of Royal Assent. Thus, if each presiding officer makes the announcement at a different time (for instance because one House is not sitting on a certain date), assent is regarded as effective when the second announcement is made. This is important because, under British Law, unless there is any provision to the contrary, an Act takes effect on the date in which it receives Royal Assent, and that date is not regarded as being the date when the Letters Patent are signed, or when they are delivered to the presiding officers of each House, but the date in which both Houses have been formally acquainted of the conferral of Assent to the Act.

Independently of the method used to signify Royal Assent, it is the responsibility of the Clerk of the Parliaments, once it has been duly notified to both Houses, not only to endorse the Act in the name of the Sovereign 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 which when Royal Assent was notified to the two Houses between the text of the enacting clause and the first section of the Act. When an Act is published, the signature of the clerk is omitted, as is the Norman French formula, should the endorsement have been made in writing. However the date when Royal Assent is notified is printed in brackets.

Scotland

Royal Assent is the final stage in the legislative process for Acts of 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...

. The process is governed by sections 28, 32 and 33 of the Scotland Act 1998

Scotland Act 1998

The Scotland Act 1998 is an Act of the Parliament of the United Kingdom. It is the Act which established the devolved Scottish Parliament.The Act will be amended by the Scotland Bill 2011, if and when it receives royal assent.-History:...

. After a Bill has been passed, the Presiding Officer

Presiding Officer of the Scottish Parliament

The Presiding Officer of the Scottish Parliament is the speaker of the Scottish Parliament, elected by the Members of the Scottish Parliament, by means of an exhaustive ballot. He or she also heads the Corporate Body of the Scottish Parliament and as such is viewed as a figurehead for the entire...

submits it to Her Majesty for Royal Assent, but only after a four-week period during which the Advocate General for Scotland

Advocate General for Scotland

Her Majesty's Advocate General for Scotland is one of the Law Officers of the Crown, whose duty it is to advise the Crown and UK Government on Scots law...

, the Lord Advocate

Lord Advocate

Her Majesty's Advocate , known as the Lord Advocate , is the chief legal officer of the Scottish Government and the Crown in Scotland for both civil and criminal matters that fall within the devolved powers of the Scottish Parliament...

or the Attorney General

Attorney General

In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...

may refer the Bill to the Supreme Court of the United Kingdom

Supreme Court of the United Kingdom

The Supreme Court of the United Kingdom is the supreme court in all matters under English law, Northern Ireland law and Scottish civil law. It is the court of last resort and highest appellate court in the United Kingdom; however the High Court of Justiciary remains the supreme court for criminal...

(prior to 1 October 2009, the Judicial Committee of the Privy Council

Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...

) for review of its legality. Royal Assent is signified by Letters Patent under the Great Seal of Scotland

Great Seal of Scotland

The Great Seal of Scotland allows the monarch to authorise official documents without having to sign each document individually. Wax is melted in a metal mould or matrix and impressed into a wax figure that is attached by cord or ribbon to documents that the monarch wishes to make official...

, in the following form which is set out in The Scottish Parliament (Letters Patent and Proclamations) Order 1999 (SI

Statutory Instrument

A Statutory Instrument is the principal form in which delegated or secondary legislation is made in Great Britain.Statutory Instruments are governed by the Statutory Instruments Act 1946. They replaced Statutory Rules and Orders, made under the Rules Publication Act 1893, in 1948.Most delegated...

1999/737). Notice is published in the London, Edinburgh and Belfast Gazettes.

Wales

Measures, which were the means by which the National Assembly for Wales

National Assembly for Wales

The National Assembly for Wales is a devolved assembly with power to make legislation in Wales. The Assembly comprises 60 members, who are known as Assembly Members, or AMs...

passed legislation between 2006 and 2011, were assented to by the Queen by means of an Order in Council. Section 102 of the Government of Wales Act 2006

Government of Wales Act 2006

The Government of Wales Act 2006 is an Act of the Parliament of the United Kingdom that reforms the National Assembly for Wales and allows further powers to be granted to it more easily...

required the Clerk to the Assembly to present Measures passed by the Assembly after a four-week period during which the Counsel General for Wales

Counsel General for Wales

The Counsel General for Wales advises the Welsh Government on Welsh legislative matters and advises on legislative competency. The position of the Counsel General for Wales is described in the Government of Wales Act 2006 and controlled in Standing Order 5 ....

or the Attorney General

Attorney General

could refer the proposed Measure to the Supreme Court

Supreme Court of the United Kingdom

for a decision as to whether the measure was within the Assembly's legislative competence.

Following the referendum held in March 2011, in which the majority vote for the Assembly's law-making powers to be extended, Measures will be replaced by Acts of the Assembly

Act of the National Assembly for Wales

In Wales, an Act of the National Assembly for Wales is primary legislation that can be made by the National Assembly for Wales under part 4 of the Government of Wales Act 2006...

. Similarly to Acts of the Scottish Parliament

Scottish Parliament

, after a four-week waiting period Royal Assent to Acts of the Assembly will be given by means of Letters Patent

Letters patent

using the following wording:
The Letters Patent may also be made in Welsh

Welsh language

Welsh is a member of the Brythonic branch of the Celtic languages spoken natively in Wales, by some along the Welsh border in England, and in Y Wladfa...

Northern Ireland

Under section 14 of the Northern Ireland Act 1998

Northern Ireland Act 1998

The Northern Ireland Act 1998 is an Act of the Parliament of the United Kingdom which established a devolved legislature for Northern Ireland, the Northern Ireland Assembly, after decades of direct rule from Westminster....

, a Bill which has been approved by the Northern Ireland Assembly

Northern Ireland Assembly

The Northern Ireland Assembly is the devolved legislature of Northern Ireland. It has power to legislate in a wide range of areas that are not explicitly reserved to the Parliament of the United Kingdom, and to appoint the Northern Ireland Executive...

is presented to the Queen by the Secretary of State for Northern Ireland

Secretary of State for Northern Ireland

The Secretary of State for Northern Ireland, informally the Northern Ireland Secretary, is the principal secretary of state in the government of the United Kingdom with responsibilities for Northern Ireland. The Secretary of State is a Minister of the Crown who is accountable to the Parliament of...

for Royal Assent after a four-week waiting period during which the Attorney General for Northern Ireland

Attorney General for Northern Ireland

The Attorney General for Northern Ireland is the chief legal adviser to the Northern Ireland Executive for both civil and criminal matters that fall within the devolved powers of the Northern Ireland Assembly....

may refer the Bill to the Supreme Court. Assent is given by means of Letters Patent

Letters patent

in the following form set out in the Northern Ireland (Royal Assent to Bills) Order 1999.

Church of England Measures

Under the Church of England Assembly (Powers) Act 1919

Church of England Assembly (Powers) Act 1919

The Church of England Assembly Act 1919 is an Act of the Parliament of the United Kingdom that gives the Church of England the power to pass primary legislation called Measures. Measures have the same force and effect as Acts of Parliament...

a Measure

Measure

- Legal :* Measure of the Church of England is a law passed by the General Synod and the UK Parliament equivalent of an Act* Measure of the National Assembly for Wales, a law specific to Wales passed by the Welsh Assembly between 2007 and 2011...

of the General Synod of the Church of England

General Synod of the Church of England

The General Synod is the deliberative and legislative body of the Church of England. The synod was instituted in 1970, replacing the Church Assembly, and is the culmination of a process of rediscovering self-government for the Church of England that had started in the 1850s.- Church Assembly: 1919...

becomes law once it has received Royal Assent in the same way as an Act of Parliament.

Other Commonwealth realms

In Commonwealth Realms outside the UK, the Royal Assent is granted or withheld by the Governor-General, the representative of the Sovereign. Similarly, in these Realms' states, provinces or territories, Assent is granted or withheld by the Governor

Governor

A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...

or Lieutenant Governor

Lieutenant governor

A lieutenant governor or lieutenant-governor is a high officer of state, whose precise role and rank vary by jurisdiction, but is often the deputy or lieutenant to or ranking under a governor — a "second-in-command"...

. A Governor or Lieutenant Governor of a subnational entity may defer to the Governor-General, who may in turn defer to the Sovereign. The Sovereign has the power to disallow, usually within a specific time limit, a bill that has received the Royal Assent from one of his or her representatives.

As in the United Kingdom, Royal Assent is by convention granted on the advice of the government's ministers, and is therefore rarely withheld. In some cases, when a royal visit to a Commonwealth Realm is pending, Assent may be reserved so that the Sovereign may grant it in person.

In New Zealand, section 16 of the Constitution Act 1986 states that "a Bill passed by the House of Representatives shall become law when the Sovereign or the Governor-General assents to it and signs it in token of such assent". This act also states in section 3 that royal assent can be given by the Sovereign in person or the Governor General on behalf of the Sovereign.

Historical development

While the Royal Assent has not been withheld in the United Kingdom since 1708, it has often been withheld in British colonies and former colonies by Governors acting on royal instructions. In the United States Declaration of Independence

United States Declaration of Independence

The Declaration of Independence was a statement adopted by the Continental Congress on July 4, 1776, which announced that the thirteen American colonies then at war with Great Britain regarded themselves as independent states, and no longer a part of the British Empire. John Adams put forth a...

, colonists complained that George III "has refused his Assent to Laws, the most wholesome and necessary for the public good [and] has forbidden his Governors to pass Laws of immediate and pressing importance, unless suspended in their operation till his Assent should be obtained; and when so suspended, he has utterly neglected to attend to them." Even after colonies such as Canada, Australia, New Zealand, South Africa and Newfoundland were granted responsible government

Responsible government

Responsible government is a conception of a system of government that embodies the principle of parliamentary accountability which is the foundation of the Westminster system of parliamentary democracy...

, the British Government continued to advise Governors-General on the granting of Assent. Assent was sometimes reserved in order to allow the British Government to examine a bill before advising the Governor-General.

Since the 1920s, Governors-General have acted solely on the advice of the local ministers, rather than on that of the British Government. As in the United Kingdom, the ministers generally maintain the support of the legislature and are the ones who secure the passage of bills; therefore, they are unlikely to advise the Sovereign's representative to withhold Assent. The power to withhold the Royal Assent was notably exercised by Alberta

Alberta

Alberta is a province of Canada. It had an estimated population of 3.7 million in 2010 making it the most populous of Canada's three prairie provinces...

's Lieutenant Governor, John C. Bowen

John C. Bowen

John Campbell Bowen was a clergy man, insurance broker and long serving politician. He served as an Alderman in the City of Edmonton on the municipal level and then went on to serve as a member of the Legislative Assembly of Alberta from 1921 to 1926 sitting with the Liberal caucus in opposition...

, in 1937, in respect of three bills passed under William Aberhart

William Aberhart

William Aberhart , also known as Bible Bill for his outspoken Baptist views, was a Canadian politician and the seventh Premier of Alberta between 1935 and 1943. The Social Credit party believed the reason for the depression was that people did not have enough money to spend, so the government...

's Social Credit

Social Credit

Social Credit is an economic philosophy developed by C. H. Douglas , a British engineer, who wrote a book by that name in 1924. Social Credit is described by Douglas as "the policy of a philosophy"; he called his philosophy "practical Christianity"...

Government. 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

Supreme Court of Canada

The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...

and by the Privy Council

Judicial Committee of the Privy Council

.

In Australia, a technical issue arose with the Royal Assent in both 1976 and 2001. In 1976, a bill originating in the House of Representatives

Australian House of Representatives

The House of Representatives is one of the two houses of the Parliament of Australia; it is the lower house; the upper house is the Senate. Members of Parliament serve for terms of approximately three years....

was mistakenly submitted to the Governor-General and assented to. However, it was later discovered that it had not been passed by each House. 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 same procedure was followed to correct a similar error which arose in 2001.

Ceremony

In Commonwealth Realms, Assent may be granted by the Sovereign in person, by the Governor-General in person, or by a deputy acting for the Governor-General. In all of the Realms, however, Assent is more often granted or signified outside the legislature, with each House being notified separately.

In Australia, the formal ceremony of granting Assent in Parliament has not been regularly used since the early 20th century. Now, the bill is sent to the Governor-General's residence by the House in which it originated. The Governor-General then signs the bill, sending messages to the President of the Senate and the Speaker of the House of Representatives, who notify their respective Houses of the Governor-General's action. A similar practice is followed in New Zealand, where the Governor-General has not personally granted the Royal Assent in Parliament since 1875.

In Canada, the traditional ceremony for granting Assent in Parliament was regularly used until the 21st-century, long after it had been discontinued in the United Kingdom and other Commonwealth Realms. One result, conceived as part of a string of royal duties intended to demonstrate Canada's status as an independent kingdom, was that King George VI personally assented to nine bills of the Canadian Parliament during the 1939 royal tour of Canada

1939 royal tour of Canada

The 1939 royal tour of Canada was a cross-Canada royal tour by King George VI and Queen Elizabeth. It was the first visit of a reigning monarch to Canada. It began May 17, 1939 and saw the royal couple visit every Canadian province as well as the United States and the Dominion of Newfoundland...

- 85 years after his great-grandmother Queen Victoria had last granted Royal Assent personally in the United Kingdom. Under the Royal Assent Act, 2002, however, the alternative practice of granting Assent in writing, with each House being notified separately, was introduced. As the Act provides, the Royal Assent is signified 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...

Chamber at least twice each calendar year: for the first appropriation measure and for at least one other act, usually the first non-appropriation measure passed. However, the Act provides that a grant of Royal Assent is not rendered invalid by a failure to employ the traditional ceremony where required. Assent may be granted in the Senate Chamber by the Governor General, or, more often, by a Deputy, usually a Justice of the Supreme Court

Supreme Court of Canada

Channel Islands

The Lieutenant Governors of the Channel Islands

Channel Islands

The Channel Islands are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and the Bailiwick of Jersey...

do not grant Royal Assent. Instead, the Sovereign directly grants Royal Assent by Order in Council. Assent is granted or refused on the advice of the Secretary of State for Justice of the United Kingdom

United Kingdom

. A recent example when Assent was refused (or, more correctly, when the Secretary of State declined to present the Law for Assent) was in 2007, concerning reforms to the constitution of the Chief Pleas of Sark. (A revised version of the proposed reforms was subsequently given Assent.)

Isle of Man

Special procedures apply to legislation passed by Tynwald

Tynwald

The 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 Isle of Man

Isle of Man

The 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...

. Before the lordship of the Island was purchased by the British Crown in 1765 (the Revestment), the assent of the Lord of Man to a Bill was signified by letter to the Governor. After 1765, the Royal Assent was at first signified by letter from the Secretary of State to the Governor, but during the Regency the practice began of granting Royal Assent by Order in Council, which continues to this day, though limited to exceptional cases since 1981.

In 1981, an Order in Council delegated to the Lieutenant Governor

Lieutenant Governor of the Isle of Man

The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...

the power to grant Royal Assent to Bills passed by Tynwald

Tynwald

. The Lieutenant Governor must refer any Bill to the Ministry of Justice for advice, on which he is required to act, and certain kinds of Bill are reserved to Her Majesty, in which case the former procedure is followed.

Royal Assent is not sufficient to give legal effect to an Act of Tynwald

Act of Tynwald

An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man.-Structure:Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom.-Commencement:...

. By ancient custom an Act did not come into force until it had been promulgated at an open-air sitting of Tynwald

Tynwald

, 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 Manx

Manx language

Manx , 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 Tynwald

Tynwald

, subject to its being promulgated within 12 months, was introduced in 1916; since 1988 this has been the normal procedure, and an Act ceases to have effect unless promulgated within 18 months after Royal Assent is announced in Tynwald.

Since 1993, the Sodor and Man Diocesan Synod

Diocesan Synod

In the Anglican Communion, the model of government is the 'Bishop in Synod', meaning that a diocese is governed by a bishop acting with the advice and consent of representatives of the clergy and laity of the diocese. In much of the Communion the body by which this representation is achieved is...

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

Tynwald

, a Measure "shall have the force and effect of an Act of Tynwald upon the Royal Assent thereto being announced to Tynwald". Between 1979 and 1993 the Synod had similar powers, but limited to the extension to the Isle of Man of Measures of the General Synod

General Synod of the Church of England

. Before 1994 Royal Assent was granted by Order in Council, as for a Bill, but the power to grant Royal Assent to Measures has now been delegated to the Lieutenant Governor

Lieutenant Governor of the Isle of Man

. A Measure does not require promulgation.

British overseas territories

The Governors (or Lieutenant Governors) of British overseas territories

British overseas territories

The British Overseas Territories are fourteen territories of the United Kingdom which, although they do not form part of the United Kingdom itself, fall under its jurisdiction. They are remnants of the British Empire that have not acquired independence or have voted to remain British territories...

grant or refuse the Royal Assent for territorial legislation. They may also reserve a bill to allow the Sovereign to make a personal decision. When Hong Kong

Hong Kong

Hong 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...

was under British rule, bills passed by the Legislative Council

Legislative Council of Hong Kong

The Legislative Council is the unicameral legislature of Hong Kong.-History:The Legislative Council of Hong Kong was set up in 1843 as a colonial legislature under British rule...

were required constitutionally to have the royal assent signified by the Governor

Governor of Hong Kong

The Governor of Hong Kong was the head of the government of Hong Kong during British rule from 1843 to 1997. The governor's roles were defined in the Hong Kong Letters Patent and Royal Instructions...

. After the territory's transfer of sovereignty

Transfer of the sovereignty of Hong Kong

The transfer of sovereignty over Hong Kong from the United Kingdom to the People's Republic of China, referred to as ‘the Return’ or ‘the Reunification’ by the Chinese and ‘the Handover’ by others, took place on 1 July 1997...

to become a special administrative region

Special administrative region (People's Republic of China)

A special administrative region is a provincial-level administrative division of the People's Republic of China, for which creation is provided by Article 31 of the 1982 Constitution of the People's Republic of China Article 31 reads "The state may establish special administrative regions when...

of the People's Republic of China

People's Republic of China

China , officially the People's Republic of China , is the most populous country in the world, with over 1.3 billion citizens. Located in East Asia, the country covers approximately 9.6 million square kilometres...

, bills are signed and promulgated by the Chief Executive

Chief Executive of Hong Kong

The 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...

, who is both the head of the territory and the head of government, to become ordinances.

General

In many monarchies, such as Belgium

Belgium

Belgium , 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...

, Denmark

Denmark

Denmark is a Scandinavian country in Northern Europe. The countries of Denmark and Greenland, as well as the Faroe Islands, constitute the Kingdom of Denmark . It is the southernmost of the Nordic countries, southwest of Sweden and south of Norway, and bordered to the south by Germany. Denmark...

, Japan

Japan

Japan 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...

, 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...

, Malaysia, 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...

, Norway

Norway

, 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 Thailand

Thailand

Thailand , officially the Kingdom of Thailand , formerly known as Siam , is a country located at the centre of the Indochina peninsula and Southeast Asia. It is bordered to the north by Burma and Laos, to the east by Laos and Cambodia, to the south by the Gulf of Thailand and Malaysia, and to the...

, the monarch is responsible for promulgating laws. In other monarchies, such as Sweden

Sweden

Sweden , officially the Kingdom of Sweden , is a Nordic country on the Scandinavian Peninsula in Northern Europe. Sweden borders with Norway and Finland and is connected to Denmark by a bridge-tunnel across the Öresund....

, the government officially promulgates laws. In both cases, however, the process is usually ceremonial, whether by constitutional convention or by an explicit provision of the constitution.

Belgium

In Belgium the "sanction royale" has the same legal effect as Royal Assent, with the government held responsible if the King refuses the royal sanction. The King promulgates the law, meaning that he formally publishes the law and orders that it be executed. In 1990, when King Baudouin advised the government he could not, in conscience, sign a bill decriminalizing abortion

Abortion

Abortion is defined as the termination of pregnancy by the removal or expulsion from the uterus of a fetus or embryo prior to viability. An abortion can occur spontaneously, in which case it is usually called a miscarriage, or it can be purposely induced...

, the Council of Ministers

Belgian federal government

The Cabinet of Belgium is the executive branch of the Belgian federal government, consisting of ministers and secretaries of state drawn from the political parties which form the governing coalition. Formally, the ministers are appointed by the King...

declared him incapable of exercising his powers at his own request. In accordance with the Belgian Constitution, upon the declaration of the King's incapacity, the Council of Ministers assumed the powers of the Head of State until Parliament could rule on the King's incapacity and appoint a Regent. The bill was then assented to by all members of the Council of Ministers on the King's behalf. Both houses of Parliament declared the King capable of exercising his powers again the next day.

Jordan

The constitution of Jordan

Jordan

Jordan , officially the Hashemite Kingdom of Jordan , Al-Mamlaka al-Urduniyya al-Hashemiyya) is a kingdom on the East Bank of the River Jordan. The country borders Saudi Arabia to the east and south-east, Iraq to the north-east, Syria to the north and the West Bank and Israel to the west, sharing...

grants its monarch the right to withhold assent to laws passed by its parliament. Article 93 of that document gives the king of Jordan six months to sign or veto any legislation sent to him from the National Assembly; if he vetoes it within that timeframe, the Assembly may override his veto by a two-thirds vote of both houses, otherwise the law does not go into effect (but it may be reconsidered in the next session of the Assembly). If the king fails to act within six months of the bill being presented to him, it becomes law without his signature.

Liechtenstein

allows its monarch to withhold Royal Assent of his or her own will. When Prince Hans Adam II, in an unprecedented move for the constitutional monarchy, refused to give Royal Assent to a bill legalising abortion, he pushed for a bill to give him sweeping powers in the government beyond only ceremonial matters, including the power to appoint judges. Though in a moment of pique, he had once quipped that he would sell the country to Bill Gates

Bill Gates

William Henry "Bill" Gates III is an American business magnate, investor, philanthropist, and author. Gates is the former CEO and current chairman of Microsoft, the software company he founded with Paul Allen...

and rename it Microsoft

Microsoft

Microsoft Corporation is an American public multinational corporation headquartered in Redmond, Washington, USA that develops, manufactures, licenses, and supports a wide range of products and services predominantly related to computing through its various product divisions...

, he did seriously threaten to move to Austria with the Princely Family. The bill did pass, and the Prince now has many additional powers, including the power to withhold Royal Assent on his own accord.

Luxembourg

While the constitution of Luxembourg

Luxembourg

formerly required the Grand Duke

Grand Duke of Luxembourg

The Grand Duke of Luxembourg is the sovereign monarch and head of state of Luxembourg. Luxembourg has been a grand duchy since 15 March 1815, when it was elevated from a duchy when placed in personal union with the United Kingdom of the Netherlands...

's signature on a new law for it to take effect, this right was stripped from him in 2008 after the monarch informed his prime minister that he could not in good conscience sign a bill to permit euthanasia

Euthanasia

Euthanasia refers to the practice of intentionally ending a life in order to relieve pain and suffering....

in the country.

The Netherlands

Royal Assent to Laws or Royal Decrees (Koninklijk Besluit) in the Netherlands

Netherlands

can only be granted by the reigning monarch. In cases where the monarch is unable to reign, an appointed regent

Regent

A regent, from the Latin regens "one who reigns", is a person selected to act as head of state because the ruler is a minor, not present, or debilitated. Currently there are only two ruling Regencies in the world, sovereign Liechtenstein and the Malaysian constitutive state of Terengganu...

will exercise this prerogative, with the joint "Raad van State" (Council of State, similar to the British Privy Council) being permitted to do so if there is neither a monarch nor a regent. Every law or decree presented to the ruler must bear the signature of one or more minister

Minister (government)

A minister is a politician who holds significant public office in a national or regional government. Senior ministers are members of the cabinet....

s, who bear responsibility for the measure. Aside from the contingencies provided for above, the Royal Prerogatives cannot be handed over to anyone else.

Unlike in the United Kingdom, there are no Royal Commissioners; the monarch signs the law or decree using the formula: "Gegeven te [plaats], [datum]" (Dutch: "Given in [place] on the [date]"). Once this has been accomplished, the Minister of Justice must sign the document again to get it published in the Staatscourant, or State Gazette, which is a digital publication.

Reluctant or moody monarchs have sometimes stalled their consent in the past, and at least one Ambassador to London, Dirk Stikker

Dirk Stikker

Dirk Uipko Stikker, GBE, GCVO was a Dutch banker, industrialist, politician, and diplomat.Born in Winschoten, he studied law at the University of Groningen. After his studies he began a career in the banking sector. In 1935, he became director of Heineken International, the famous beer company...

, had to wait a lengthy time for his appointment decree because Queen Juliana of the Netherlands

Juliana

Juliana, Julianna, Giuliana, Iuliana, Yuliana, Uljana, Xuliana, Xhuliana or Ylyiana is a female name. It is a feminized version of Julianus, in turn derived from Julius, as in Julius Caesar. It can also refer to:- Medieval women :*Juliana of Paul and Juliana , d...

was allegedly angry with him. However, since the introduction of ministerial responsibility

Ministerial responsibility

Ministerial responsibility or individual ministerial responsibility is a constitutional convention in governments using the Westminster System that a cabinet minister bears the ultimate responsibility for the actions of their ministry or department...

in 1848, every proposed law has been signed by the head of state.

The present monarch, Queen Beatrix

Beatrix of the Netherlands

Beatrix is the Queen regnant of the Kingdom of the Netherlands comprising the Netherlands, Curaçao, Sint Maarten, and Aruba. She is the first daughter of Queen Juliana of the Netherlands and Prince Bernhard of Lippe-Biesterfeld. She studied law at Leiden University...

, has said in an interview that she considers her consent as a "sign that the proper constitutional procedures have been followed, no more and no less". Her probable successor, Willem Alexander, the Prince of Orange

Prince of Orange

Prince of Orange is a title of nobility, originally associated with the Principality of Orange, in what is now southern France. In French it is la Principauté d'Orange....

, has commented negatively on the movement to remove the monarch from the Dutch Government and abolish the required Royal Assent.

Norway

Articles 77–79 of the Norwegian constitution specifically grant the King of Norway the right to withhold Royal Assent from any bill passed by the Storting, or parliament. Should the king ever choose to exercise this privilege, Article 79 provides a means by which his veto may be overridden: "If a Bill has been passed unaltered by two sessions of the Storting, constituted after two separate successive elections and separated from each other by at least two intervening sessions of the Storting, without a divergent Bill having been passed by any Storting in the period between the first and last adoption, and it is then submitted to the King with a petition that His Majesty shall not refuse his assent to a Bill which, after the most mature deliberation, the Storting considers to be beneficial, it shall become law even if the Royal Assent is not accorded before the Storting goes into recess." This prerogative has not been used by a Norwegian king since the personal union with Sweden was ended in 1905, though it was used by the Swedish monarchy during the time of the Union.

Spain

Title IV of the 1978 Spanish Constitution invests the sanction (Royal Assent) and promulgation (publication) of laws with the King of Spain, while Title III The Cortes Generals, Chapter 2 Drafting of Bills outlines the method by which bills are passed. According to Article 91, within fifteen days of passage of a bill by the Cortes Generales

Cortes Generales

The Cortes Generales is the legislature of Spain. It is a bicameral parliament, composed of the Congress of Deputies and the Senate . The Cortes has power to enact any law and to amend the constitution...

, the king shall give his assent and publish the new law. Article 92 invests the king with the right to call for a referendum, on the advice of the president of the government

Prime Minister of Spain

The President of the Government of Spain , sometimes known in English as the Prime Minister of Spain, is the head of Government of Spain. The current office is established under the Constitution of 1978...

(commonly referred to in English as the "Prime Minister") and the authorization of the Cortes.

No provision within the constitution grants the king an ability to veto legislation directly; however, no provision prohibits the king from withholding royal assent, which effectively constitutes a veto. When the Spanish media asked King Juan Carlos

Juan Carlos I of Spain

Juan Carlos I |Italy]]) is the reigning King of Spain.On 22 November 1975, two days after the death of General Francisco Franco, Juan Carlos was designated king according to the law of succession promulgated by Franco. Spain had no monarch for 38 years in 1969 when Franco named Juan Carlos as the...

if he would endorse the bill legalizing gay marriages

Same-sex marriage in Spain

Same-sex marriage in Spain has been legal since July 3, 2005. In 2004, the nation's newly elected social democratic government, led by President José Luis Rodríguez Zapatero, began a campaign for its legalization, including the right of adoption by same-sex couples...

, he answered "Soy el Rey de España y no el de Bélgica" ("I am the King of Spain, not of Belgium")– a reference to King Baudouin I of Belgium, who had refused to sign the Belgian law legalising abortion

Abortion

. The King gave his Royal Assent to Law 13/2005 on 1 July 2005; the law was gazette

Gazette

A gazette is a public journal, a newspaper of record, or simply a newspaper.In English- and French-speaking countries, newspaper publishers have applied the name Gazette since the 17th century; today, numerous weekly and daily newspapers bear the name The Gazette.Gazette is a loanword from the...

d in the Boletín Oficial del Estado
Boletín Oficial del Estado
The Boletín Oficial del Estado , Spanish for Official Bulletin of the State, is the official gazette of the Government of Spain. It publishes the laws of the Cortes Generales and the dispositions of the Autonomous Communities...

on 2 July, and came into effect on 3 July 2005. Likewise, in 2010, King Juan Carlos gave his Royal Assent to a law permitting abortion on demand.
If the King of Spain ever refused in conscience to grant Royal Assent to a Bill a procedure similar to the one that was used in Belgium to handle King Baudouin's objection would not be possible under the current Constitution: in Spain, if the King were ever declared incapable of discharging the royal authority, his powers would not be transferred to the Cabinet pending the parliamentary appointment of a Regency. Instead, under the Constitution, the next person of age in the line of succession would immediately become the Regent. Therefore, if King Juan Carlos had decided to follow the Belgian example in 2005 or 2010, a declaration of incapacity would only transfer the problem to Prince Felipe, his heir apparent.

United Kingdom

Historical development

Ceremony

Scotland

Wales

Northern Ireland

Church of England Measures

Other Commonwealth realms

Historical development

Ceremony

Channel Islands

Isle of Man

British overseas territories

General

Belgium

Jordan

Liechtenstein

Luxembourg

The Netherlands

Norway

Spain

Further reading