How a Bill Becomes
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The Constitutional Requirements for the Royal Morganatic Marriage
The Constitutional Requirements for the Royal Morganatic Marriage Benoît Pelletier* This article examines the constitutional Cet article analyse les implications implications, for Canada and the other members of the constitutionnelles, pour le Canada et les autres pays Commonwealth, of a morganatic marriage in the membres du Commonwealth, d’un mariage British royal family. The Germanic concept of morganatique au sein de la famille royale britannique. “morganatic marriage” refers to a legal union between Le concept de «mariage morganatique», d’origine a man of royal birth and a woman of lower status, with germanique, renvoie à une union légale entre un the condition that the wife does not assume a royal title homme de descendance royale et une femme de statut and any children are excluded from their father’s rank inférieur, à condition que cette dernière n’acquière pas or hereditary property. un titre royal, ou encore qu’aucun enfant issu de cette For such a union to be celebrated in the royal union n’accède au rang du père ni n’hérite de ses biens. family, the parliament of the United Kingdom would Afin qu’un tel mariage puisse être célébré dans la have to enact legislation. If such a law had the effect of famille royale, une loi doit être adoptée par le denying any children access to the throne, the laws of parlement du Royaume-Uni. Or si une telle loi devait succession would be altered, and according to the effectivement interdire l’accès au trône aux enfants du second paragraph of the preamble to the Statute of couple, les règles de succession seraient modifiées et il Westminster, the assent of the Canadian parliament and serait nécessaire, en vertu du deuxième paragraphe du the parliaments of the Commonwealth that recognize préambule du Statut de Westminster, d’obtenir le Queen Elizabeth II as their head of state would be consentement du Canada et des autres pays qui required. -
President, Prime Minister, Or Constitutional Monarch?
I McN A I R PAPERS NUMBER THREE PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH? By EUGENE V. ROSTOW THE INSTITUTE FOR NATIONAL S~RATEGIC STUDIES I~j~l~ ~p~ 1~ ~ ~r~J~r~l~j~E~J~p~j~r~lI~1~1~L~J~~~I~I~r~ ~'l ' ~ • ~i~i ~ ,, ~ ~!~ ,,~ i~ ~ ~~ ~~ • ~ I~ ~ ~ ~i! ~H~I~II ~ ~i~ ,~ ~II~b ~ii~!i ~k~ili~Ii• i~i~II~! I ~I~I I• I~ii kl .i-I k~l ~I~ ~iI~~f ~ ~ i~I II ~ ~I ~ii~I~II ~!~•b ~ I~ ~i' iI kri ~! I ~ • r rl If r • ~I • ILL~ ~ r I ~ ~ ~Iirr~11 ¸I~' I • I i I ~ ~ ~,i~i~I•~ ~r~!i~il ~Ip ~! ~ili!~Ii!~ ~i ~I ~iI•• ~ ~ ~i ~I ~•i~,~I~I Ill~EI~ ~ • ~I ~I~ I¸ ~p ~~ ~I~i~ PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH.'? PRESIDENT, PRIME MINISTER, OR CONSTITUTIONAL MONARCH? By EUGENE V. ROSTOW I Introduction N THE MAKING and conduct of foreign policy, ~ Congress and the President have been rivalrous part- ners for two hundred years. It is not hyperbole to call the current round of that relationship a crisis--the most serious constitutional crisis since President Franklin D. Roosevelt tried to pack the Supreme Court in 1937. Roosevelt's court-packing initiative was highly visible and the reaction to it violent and widespread. It came to an abrupt and dramatic end, some said as the result of Divine intervention, when Senator Joseph T. Robinson, the Senate Majority leader, dropped dead on the floor of the Senate while defending the President's bill. -
The Governor Genera. and the Head of State Functions
The Governor Genera. and the Head of State Functions THOMAS FRANCK* Lincoln, Nebraska In most, though by no means all democratic states,' the "Head o£ State" is a convenient legal and political fiction the purpose of which is to personify the complex political functions of govern- ment. What distinguishes the operations of this fiction in Canada is the fact that the functions of head of state are not discharged by any one person. Some, by legislative enactment, are vested in the Governor General. Others are delegated to the Governor General by the Crown. Still others are exercised by the Queen in person. A survey of these functions will reveal, however, that many more of the duties of the Canadian head of state are to-day dis- charged by the Governor General than are performed by the Queen. Indeed, it will reveal that some of the functions cannot be dis- charged by anyone else. It is essential that we become aware of this development in Canadian constitutional practice and take legal cognizance of the consequently increasing stature and importance of the Queen's representative in Canada. Formal Vesting of Head of State Functions in Constitutional Governments ofthe Commonnealth Reahns In most of the realms of the Commonwealth, the basic constitut- ional documents formally vest executive power in the Queen. Section 9 of the British North America Act, 1867,2 states: "The Executive Government and authority of and over Canada is hereby declared to continue and be vested in the Queen", while section 17 establishes that "There shall be one Parliament for Canada, consist- ing of the Queen, an Upper House, styled the Senate, and the *Thomas Franck, B.A., LL.B. -
The Westminster Model, Governance, and Judicial Reform
UC Berkeley UC Berkeley Previously Published Works Title The Westminster Model, Governance, and Judicial Reform Permalink https://escholarship.org/uc/item/82h2630k Journal Parliamentary Affairs, 61 Author Bevir, Mark Publication Date 2008 Peer reviewed eScholarship.org Powered by the California Digital Library University of California THE WESTMINSTER MODEL, GOVERNANCE, AND JUDICIAL REFORM By Mark Bevir Published in: Parliamentary Affairs 61 (2008), 559-577. I. CONTACT INFORMATION Department of Political Science, University of California, Berkeley, CA 94720-1950 Email: [email protected] II. BIOGRAPHICAL NOTE Mark Bevir is a Professor in the Department of Political Science, University of California, Berkeley. He is the author of The Logic of the History of Ideas (1999) and New Labour: A Critique (2005), and co-author, with R. A. W. Rhodes, of Interpreting British Governance (2003) and Governance Stories (2006). 1 Abstract How are we to interpret judicial reform under New Labour? What are its implications for democracy? This paper argues that the reforms are part of a broader process of juridification. The Westminster Model, as derived from Dicey, upheld a concept of parliamentary sovereignty that gives a misleading account of the role of the judiciary. Juridification has arisen along with new theories and new worlds of governance that both highlight and intensify the limitations of the Westminster Model so conceived. New Labour’s judicial reforms are attempts to address problems associated with the new governance. Ironically, however, the reforms are themselves constrained by a lingering commitment to an increasingly out-dated Westminster Model. 2 THE WESTMINSTER MODEL, GOVERNANCE, AND JUDICIAL REFORM Immediately following the 1997 general election in Britain, the New Labour government started to pursue a series of radical constitutional reforms with the overt intention of making British political institutions more effective and more accountable. -
Legislative Process Lpbooklet 2016 15Th Edition.Qxp Booklet00-01 12Th Edition 11/18/16 3:00 PM Page 1
LPBkltCvr_2016_15th edition-1.qxp_BkltCvr00-01 12th edition 11/18/16 2:49 PM Page 1 South Carolina’s Legislative Process LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 1 THE LEGISLATIVE PROCESS LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 2 October 2016 15th Edition LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 3 THE LEGISLATIVE PROCESS The contents of this pamphlet consist of South Carolina’s Legislative Process , pub - lished by Charles F. Reid, Clerk of the South Carolina House of Representatives. The material is reproduced with permission. LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 4 LPBooklet_2016_15th edition.qxp_Booklet00-01 12th edition 11/18/16 3:00 PM Page 5 South Carolina’s Legislative Process HISTORY o understand the legislative process, it is nec - Tessary to know a few facts about the lawmak - ing body. The South Carolina Legislature consists of two bodies—the Senate and the House of Rep - resentatives. There are 170 members—46 Sena - tors and 124 Representatives representing dis tricts based on population. When these two bodies are referred to collectively, the Senate and House are together called the General Assembly. To be eligible to be a Representative, a person must be at least 21 years old, and Senators must be at least 25 years old. Members of the House serve for two years; Senators serve for four years. The terms of office begin on the Monday following the General Election which is held in even num - bered years on the first Tuesday after the first Monday in November. -
The Constitution of the United States [PDF]
THE CONSTITUTION oftheUnitedStates NATIONAL CONSTITUTION CENTER We the People of the United States, in Order to form a within three Years after the fi rst Meeting of the Congress more perfect Union, establish Justice, insure domestic of the United States, and within every subsequent Term of Tranquility, provide for the common defence, promote ten Years, in such Manner as they shall by Law direct. The the general Welfare, and secure the Blessings of Liberty to Number of Representatives shall not exceed one for every ourselves and our Posterity, do ordain and establish this thirty Thousand, but each State shall have at Least one Constitution for the United States of America. Representative; and until such enumeration shall be made, the State of New Hampshire shall be entitled to chuse three, Massachusetts eight, Rhode-Island and Providence Plantations one, Connecticut fi ve, New-York six, New Jersey four, Pennsylvania eight, Delaware one, Maryland Article.I. six, Virginia ten, North Carolina fi ve, South Carolina fi ve, and Georgia three. SECTION. 1. When vacancies happen in the Representation from any All legislative Powers herein granted shall be vested in a State, the Executive Authority thereof shall issue Writs of Congress of the United States, which shall consist of a Sen- Election to fi ll such Vacancies. ate and House of Representatives. The House of Representatives shall chuse their SECTION. 2. Speaker and other Offi cers; and shall have the sole Power of Impeachment. The House of Representatives shall be composed of Mem- bers chosen every second Year by the People of the several SECTION. -
Idea Becomes a Law
How an Idea Becomes a Law Bill is introduced Ideas from many sources: Committee reports “do not pass” or does not STOP and undergoes First constituents, interest groups, Author requests Bill is filed electronically take action on the measure.* and Second Readings. Committee government agencies, bill to be researched with Clerk and is Speaker assigns it to Consideration interim studies, businesses, and drafted. assigned a number. committee(s) or the Governor. Bill reported “do pass” or “do pass as amended.” direct to calendar. Bill moves to General Order. Available to Floor Leader for possible scheduling Returned to House Bill passes on Floor Agenda. Engrossed to Senate: Bill goes through similar process Bill passes in the Senate. ** Floor Consideration: Bill scheduled on Floor Agenda. With Without STOP Bill does not pass Bill is explained, possibly amended, debated, and amendments amendments voted upon. Third Reading and final passage. ** STOP Bill does not pass House refuses House concurs in Enrolled to concur and Senate amendments. To Governor to Governor requests conference Fourth Reading Becomes law on date specified in bill with Senate. and final passage.** Signs bill If no date is specified, and bill contains To Secretary of State emergency clause, bill is effective Conference Committee immediately upon Governor’s signature. Bill becomes law without signature*** If no date is specified, and no emergency Two-thirds vote in each house to override clause, bill becomes law 90 days after Conference CCR filed: CCR electronically filed and veto, unless passed with an emergency, sine die adjournment. Committee Conferees available for Floor Leader Vetoes bill which then requires a three-fourths vote. -
The Sovereign and Parliament
Library Note The Sovereign and Parliament The Sovereign fulfils a number of ceremonial and formal roles with respect to Parliament, established by conventions, throughout the parliamentary calendar. The State Opening of Parliament marks the beginning of each new session of Parliament. It is the only routine occasion when the three constituent parts of Parliament—that is the Sovereign, the House of Lords and the House of Commons—meet. The Queen’s Speech during State Opening is the central element around which the ceremony pivots, without which no business of either the House of Lords or the House of Commons can proceed. Each ‘Parliament’ lasts a maximum of five years, within which there are a number of sessions. Each session is ‘prorogued’ to mark its end. An announcement is made in the House of Lords, to Members of both Houses following the Queen’s command that Parliament should be prorogued by a commissioner of a Royal Commission. At the end of the final session of each Parliament—which is immediately prior to the next general election—Parliament is also dissolved. Following the Prime Minister’s advice, the Sovereign issues a proclamation summoning the new Parliament, appointing the day for the first meeting of Parliament. All bills must be agreed by both Houses of Parliament and the Sovereign before they can become Acts of Parliament. Once a bill has passed both Houses, it is formally agreed by the Sovereign by a process known as royal assent. Additionally, Queen’s consent is sometimes required before a bill completes its passage through Parliament, if the bill affects the Sovereign. -
House of Lords Reform 1997–2010: a Chronology
House of Lords Reform 1997–2010: A Chronology This House of Lords Library Note sets out in summary form the principal developments in House of Lords reform under the Labour Government of 1997–2010. Chris Clarke and Matthew Purvis 28th June 2010 LLN 2010/015 House of Lords Library Notes are compiled for the benefit of Members of Parliament and their personal staff. Authors are available to discuss the contents of the Notes with the Members and their staff but cannot advise members of the general public. Any comments on Library Notes should be sent to the Head of Research Services, House of Lords Library, London SW1A 0PW or emailed to [email protected]. Table of Contents Introduction ....................................................................................................................... 1 1997 .................................................................................................................................. 2 1998 .................................................................................................................................. 2 1999 .................................................................................................................................. 3 2000 .................................................................................................................................. 4 2001 .................................................................................................................................. 5 2002 ................................................................................................................................. -
Queen's Or Prince's Consent
QUEEN’S OR PRINCE’S CONSENT This pamphlet is intended for members of the Office of the Parliamentary Counsel. Unless otherwise stated: • references to Erskine May are to the 24th edition (2011), • references to the Companion to the Standing Orders are to the Companion to the Standing Orders and Guide to Proceedings of the House of Lords (25th edition, 2017), • references to the Cabinet Office Guide to Making Legislation are to the version of July 2017. Office of the Parliamentary Counsel September 2018 CONTENTS CHAPTER 1 INTRODUCTION CHAPTER 2 QUEEN’S CONSENT Introduction. 2 The prerogative. 2 Hereditary revenues, the Duchies and personal property and interests . 4 Exceptions and examples . 6 CHAPTER 3 PRINCE’S CONSENT Introduction. 7 The Duchy of Cornwall . 7 The Prince and Steward of Scotland . 8 Prince’s consent in other circumstances . 8 Exceptions and examples . 8 CHAPTER 4 GENERAL EXCEPTIONS The remoteness/de minimis tests . 10 Original consent sufficient for later provisions . 10 No adverse effect on the Crown. 11 CHAPTER 5 THE SIGNIFICATION OF CONSENT Signification following amendments to a bill. 13 Re-signification for identical bill . 14 The manner of signification . 14 The form of signification . 15 CHAPTER 6 PRACTICAL STEPS Obtaining consent. 17 Informing the Whips . 17 Writing to the House authorities . 17 Private Members’ Bills. 17 Informing the Palace of further developments . 18 Other. 18 CHAPTER 7 MISCELLANEOUS Draft bills . 19 Consent not obtained . 19 Inadvertent failure to signify consent . 19 Consent in the absence of the Queen. 20 Consent before introduction of a bill . 20 Queen’s speech . 20 Royal Assent . -
How a Bill Becomes 4
WELCOME TO THE WISCONSIN STATE ASSEMBLY ince becoming a state in 1848, Wisconsin has continued to demonstrate strong leadership and democracy. Because TABLE OF CONTENTS S 2 ...... Introduction of this proud history, our state has been looked to repeatedly as a national leader in government 4 ...... “The Law Needs to Change” innovation and reform. “How A Bill Becomes 4 ...... WisconsinEye Provides View of the Legislature Law” was created to help visitors understand 5 ...... Deliberation and Examination Wisconsin’s legislative process and provide 5 ...... Making a Good Idea Better suggestions on how citizens can participate in 6 ...... The Importance of Caucuses that process. This booklet explains how one idea 7 ...... First & Second Reading or inspiration becomes a bill and moves through 7 ...... Third Reading and Passage the legislative process and into the law books. 7 ...... On to the Senate It is a long road from initial development of an 8 ...... Assembly Bill 27 idea to the emergence of a new law. During 9 ...... Approval of the Governor and Into the Law Books consideration, the bill will be scrutinized and 9 ...... Conclusion examined, criticized and praised. It will be 10 .... Staying in Touch–How to Contact changed, improved, strengthened, and even Your State Representative weakened. If passed, it will undergo the ultimate 11 .... Find Information Online test of merit—time. 12 .... “How a Bill Becomes Law” Cartoon 13 .... “How a Bill Becomes Law” Flow Chart *Words in bold print are defined in the Glossary at the back of the booklet. 14 .... Glossary In this booklet, the bill used as an example of “How a Bill Becomes Law” is 2015 Assembly Bill 27. -
The Legislative Process in Texas the Legislative Process in Texas
The Legislative Process in Texas The Legislative Process in Texas Published by the Texas Legislative Council February 2021 Texas Legislative Council Lieutenant Governor Dan Patrick, Joint Chair Speaker Dade Phelan, Joint Chair Jeff Archer, Executive Director The mission of the Texas Legislative Council is to provide professional, nonpartisan service and support to the Texas Legislature and legislative agencies. In every area of responsibility, we strive for quality and efficiency. During previous legislative sessions, the information in this publication was published as part of the Guide to Texas Legislative Information. Copies of this publication have been distributed in compliance with the state depository law (Subchapter G, Chapter 441, Government Code) and are available for public use through the Texas State Publications Depository Program at the Texas State Library and other state depository libraries. This publication can be found at https://www.tlc.texas.gov/publications. Additional copies of this publication may be obtained from the council: By mail: P.O. Box 12128, Austin, TX 78711-2128 By phone: (512) 463-1144 By e-mail: [email protected] By online request form (legislative offices only): https://bilreq/House.aspx If you have questions or comments regarding this publication, please contact Kellie Smith by phone at (512) 463-1155 or by e-mail at [email protected]. Table of Contents HOW A BILL ORIGINATES. .1 INTRODUCING A BILL . 1 THE ROLE OF COMMITTEES. .2 REFERRAL TO A COMMITTEE. 2 COMMITTEE MEETINGS. 2 COMMITTEE REPORTS . .3 HOUSE CALENDARS AND LIST OF ITEMS ELIGIBLE FOR CONSIDERATION. 4 SENATE REGULAR ORDER OF BUSINESS AND INTENT CALENDAR.