Royal Assent — LLMpedia

Royal Assent
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Term	Royal Assent

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Royal Assent is the process by which a monarch or their representative formally approves and gives consent to a bill passed by a parliament or legislature, such as the United Kingdom Parliament, Canadian Parliament, or Australian Parliament, to become a law. This process is a crucial part of the legislative process in many Commonwealth countries, including the United Kingdom, Canada, Australia, and New Zealand. The British monarch, such as Elizabeth II or Charles III, plays a significant role in this process, as do other monarchs like Carl XVI Gustaf of Sweden and Harald V of Norway. The Prime Minister of the United Kingdom, such as Boris Johnson or Rishi Sunak, and other government officials, like the Premier of Ontario or the Prime Minister of Canada, also have important roles in the process.

History of Royal Assent

The history of Royal Assent dates back to the Middle Ages, when the English monarchy held significant power and influence over the English Parliament. Over time, the process has evolved, with the Glorious Revolution of 1688 and the Bill of Rights 1689 establishing the constitutional monarchy and limiting the power of the monarch. The Act of Settlement 1701 and the Succession to the Crown Act 2013 have also played important roles in shaping the process. Key figures, such as Winston Churchill, Clement Attlee, and Margaret Thatcher, have navigated the process, while institutions like the House of Lords and the House of Commons have been instrumental in its development. The Canadian Charter of Rights and Freedoms and the Australia Act 1986 have also influenced the process in their respective countries.

The procedure for granting Royal Assent typically involves the Clerk of the Parliaments or other officials presenting the bill to the monarch or their representative, such as the Governor General of Canada or the Governor-General of Australia. The monarch then formally approves the bill, often in a ceremony, such as the State Opening of Parliament, which is attended by dignitaries like the Archbishop of Canterbury and the Lord Chancellor. The Prime Minister of the United Kingdom, Prime Minister of Canada, and Prime Minister of Australia often play key roles in this process, as do other officials like the Speaker of the House of Commons and the President of the Senate (Australia). The Order of the Garter and the Order of the Thistle are also involved in the ceremony. The process is often formalized through documents like the Letters Patent and the Royal Warrant.

Once Royal Assent is granted, the bill becomes a law and is enacted, with the statute coming into effect on a specified date or immediately. This has significant effects on the judiciary, such as the Supreme Court of the United Kingdom and the High Court of Australia, as well as on the executive branch, including the Cabinet of the United Kingdom and the Cabinet of Canada. The European Court of Human Rights and the International Court of Justice may also be impacted. Key laws, such as the Human Rights Act 1998 and the Charter of Rights and Freedoms, have been enacted through this process, while institutions like the National Health Service and the Canadian Broadcasting Corporation have been established or affected by it. The Treaty of Versailles and the Treaty of Rome have also had significant impacts on the process.

Royal Assent is used in various countries, including the United Kingdom, Canada, Australia, and New Zealand. In the United Kingdom, the process is formalized through the Royal Assent Act 1967, while in Canada, it is governed by the Constitution Act, 1867 and the Royal Assent Act (Canada). The Australian Constitution and the Constitution of New Zealand also provide for the process. Other countries, like Sweden and Norway, have similar processes, with the Riksdag and the Storting playing important roles. The European Union and the Council of Europe have also been involved in the process, particularly with regards to the Treaty of Lisbon and the European Convention on Human Rights.

While rare, the refusal of Royal Assent can occur, as seen in the case of the Scottish Parliament's Scottish Independence Referendum Act 2013 or the Australian Parliament's Australia Act 1986. The Canadian Parliament's Constitution Act, 1982 and the New Zealand Parliament's Constitution Act 1986 have also been subject to refusal. In such cases, the monarch or their representative may withhold assent, often on the advice of the Prime Minister or other government officials, such as the Attorney General for England and Wales or the Solicitor General of Canada. The House of Lords and the House of Commons may also be involved in the process, as well as other institutions like the Supreme Court of Canada and the High Court of Australia. The European Court of Justice and the International Court of Arbitration may also play a role in resolving disputes related to the refusal of Royal Assent. Category:Legislative terminology