Wednesday, December 26, 2007
The Queen-in-Parliament (or King-in-Parliament when there is a male monarch), sometimes referred to as the Crown-in-Parliament, is a constitutional law term for the Crown in its legislative role, acting with the advice and consent of the House of Commons and House of Lords (in the United Kingdom) or Senate (in other Commonwealth Realms). Each realm parliament consists of the Crown and the two houses of Parliament (or the unicameral House of Representatives of New Zealand), and bills passed by the two houses are sent to the Sovereign, or Governor General as her representative, for royal assent before they become law. These primary acts of legislation are known as Acts of Parliament. An Act may also provide for secondary legislation which can be made by the Crown, subject to the simple approval, or the lack of disapproval, of both houses of Parliament.
A modern British Act of Parliament will typically contain the following enacting clause:
"BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows..."
The phrasing is different when the bill is passed under the provisions of the Parliament Acts, without the consent of the Lords.
Modern Canadian Acts of Parliament typically contain the following enacting clause:
"NOW, THEREFORE, Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows..."
Acts of the Scottish Parliament follow a different approach. Although such Acts require Royal Assent, the concept of Queen-in-Parliament has not been incorporated. Instead of the enacting clause seen in UK Acts, Acts of the Scottish Parliament bear the following text above the long title.
"The Bill for this Act of the Scottish Parliament was passed by the Parliament on DATE and received Royal Assent on DATE"
Posted by bushganizer258 at 8:40 AM