How Bills Become Laws Without Royal Assent

can a bill become law without royal assent

Royal assent is the final step required for a bill to become law. It is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on their behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others, it is a separate step. While the power to veto by withholding royal assent was once frequently exercised by European monarchs, such an occurrence has become rare since the eighteenth century. In modern times, the monarch almost never withholds assent, except in a dire political emergency or on the advice of the government. This being said, there are certain circumstances in which a bill can become law without royal assent.

Characteristics Values
Royal Assent Required Yes, it is the final step for a bill to become a law
Exceptions If not received within 30 days, the bill automatically becomes a law (Malaysia)
Delay Possible through reserve powers
Refusal Possible but rare, last refused in 1708 (or 1707)
Signature Not required, but signature on Letters Patent or Commission is required

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Royal assent is the final step for a bill to become law

In modern constitutional monarchies, royal assent is considered little more than a formality. Even in nations that still theoretically permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on the advice of the government. While the power to veto by withholding royal assent was once frequently exercised by European monarchs, such an occurrence has been very rare since the eighteenth century.

The last bill that was refused assent was the Scottish Militia Bill during Queen Anne's reign in 1708. Erskine May's Parliamentary Practice advises "...and from that sanction they cannot be legally withheld", meaning that bills must be sent for royal assent, not that it must be given. However, some authorities have stated that the sovereign no longer has the power to withhold assent from a bill against the advice of ministers. Under modern constitutional conventions, the sovereign generally acts on, and in accordance with, the advice of his or her ministers.

In Canada, the lieutenant governors may defer assent to the governor-general, who may, in turn, defer assent to federal bills to the sovereign. If the governor general is unable to give assent, it can be done by a deputy, specifically a justice of the Supreme Court of Canada. In Malaysia, if a bill does not receive royal assent within 30 days of being presented to the King, the bill will automatically become law.

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The monarch's sign-off is required for a bill to pass into law

Royal assent is the final step required for a bill to become law. It is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on their behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others, it is a separate step. The monarch's sign-off on a bill is the last stage in making laws in the United Kingdom. Once a bill has completed all the parliamentary stages in both Houses, it is ready to receive royal assent. This is when the King formally agrees to make the bill into an Act of Parliament (law).

The process of granting royal assent involves the monarch signing Letters Patent, which announce that assent has been given, or a document known as a Commission, which instructs specific Lords, called Royal Commissioners, to inform both Houses of Parliament that royal assent has been granted. Following this, the Act of Parliament typically comes into force at midnight on the same date. However, there is a growing trend for Acts of Parliament to come into force at a later date, with the Act itself stating the commencement date or delegating the decision to the relevant minister, who then issues a commencement order.

While the monarch's signature is not required for a bill to become law in some countries, such as Canada, where the signature is considered an attestation, the monarch's assent is still necessary. In Canada, the lieutenant governors may defer assent to the governor general, who may further defer it to the sovereign. If the governor general is unable to provide assent, a deputy, typically a justice of the Supreme Court of Canada, can do so. While the power to veto legislation by withholding royal assent has rarely been exercised since the 18th century, it is theoretically retained by monarchs in several nations, including the United Kingdom, Norway, the Netherlands, Liechtenstein, and Monaco.

In Malaysia, Article 66(3) of the Federal Constitution stipulates that a bill must be presented to the Yang di-Pertuan Agong (King of Malaysia) for assent before becoming law. However, Article 66(4A) specifies that if royal assent is not granted within 30 days of the bill being presented, it will automatically become law. Similarly, if a Ruler of a Malaysian state does not assent to a bill passed by the state legislature within 30 days, it will automatically become law.

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The monarch can delay a bill's assent or refuse royal assent

In some jurisdictions, royal assent is equivalent to promulgation, while in others, it is a separate step. Under a modern constitutional monarchy, royal assent is considered a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein, and Monaco, which still technically permit their monarch to withhold assent to laws, the monarch almost never does so except in a dire political emergency or on the advice of the government.

The power to veto by withholding royal assent was once frequently exercised by European monarchs, but such an occurrence has been very rare since the eighteenth century. The monarch's sign-off on a bill is the last stage in making laws in the United Kingdom. Once a bill has completed all the parliamentary stages in both Houses, it is ready to receive royal assent. There is no set time period between the conclusion of the consideration of amendments and royal assent.

Theoretically, the monarch has the power to withhold royal assent to a bill passed if advised to do so by ministers. However, it is generally accepted that the monarch will follow the advice of the government and, in particular, the Prime Minister. The monarch never takes the decision to withhold consent independently.

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Royal assent is typically associated with an elaborate ceremony

Royal assent is the final step required for a parliamentary bill to become law. Once a bill is presented to the Sovereign, they have several formal options: they can grant royal assent, thereby making the bill an act of Parliament; they can delay the bill's assent through the use of reserve powers, thereby invoking a veto; or they can refuse royal assent on the advice of their ministers.

> My Lords, in obedience to His 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 His Majesty has given His Royal Assent to the several Acts in the Commission mentioned.

In other nations, such as Australia, the governor-general (as the Monarch's representative) has the right to dissolve parliament and to sign a bill. In Canada, the governor general may give assent either in person at a ceremony in the Senate or by a written declaration notifying Parliament of their agreement to the bill. The traditional ceremony for granting assent in Parliament is still regularly used in Canada, long after it had been discontinued in the United Kingdom and other Commonwealth realms.

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In some nations, the monarch can withhold assent to laws

In the United Kingdom, Norway, the Netherlands, Liechtenstein, and Monaco, the monarch still technically has the power to withhold assent to laws. However, this power is rarely exercised, and royal assent is now considered a formality. The monarch will generally act on the advice of their ministers. In Jordan, the constitution grants its monarch the explicit right to withhold assent to laws passed by its parliament. The Jordanian sovereign has six months to sign or veto any legislation sent by the National Assembly. If the monarch fails to act within this timeframe, the law will go into effect without their signature.

In Malaysia, if a bill does not receive royal assent from the King of Malaysia within 30 days of being presented, it will automatically become law under Article 66(4A) of the Constitution. Similarly, if a Ruler of a Malaysian state does not grant assent to a bill passed by the state legislature within 30 days, the bill will automatically become law. As of 2016, the only federal law that failed to receive royal assent but still became law was the National Security Council Act 2016.

While the power to veto by withholding royal assent was historically exercised by European monarchs, such occurrences have become very rare since the 18th century. The role of the monarch in enacting modern legislation is largely ceremonial.

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Frequently asked questions

Yes, royal assent is the final step for a bill to become law. It is when the monarch formally agrees to make the bill into an Act of Parliament.

In some countries, a bill can become law without explicit royal assent. For example, in Malaysia, if a bill is not rejected within 30 days of being presented to the King, it automatically becomes law.

Royal assent has rarely been withheld since the 18th century. The last time it was withheld was by Queen Anne in 1707 or 1708 when she blocked the Scottish Militia Bill.

The monarch signs Letters Patent, which announces that assent has been given. Alternatively, they sign a Commission that commands certain Lords, known as Royal Commissioners, to inform both Houses of Parliament that Royal Assent has been granted.

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