Background: Constitutional Vocabulary
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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. -
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 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 . -
Roles of the Crown and Houses of the Victorian Parliament in Law‑Making Student Learning Activity
VCE LEGAL STUDIES UNIT 4: THE PEOPLE AND THE LAW — AREA OF STUDY 1, OUTCOME 1 ROLES OF THE CROWN AND HOUSES OF THE VICTORIAN PARLIAMENT IN LAW-MAKING STUDENT LEARNING ACTIVITY Overview The study of Australia’s laws and legal system involves an understanding of institutions that make our laws. Parliament is the supreme law-making body and its main function of the parliament is to make laws for and on behalf of the community. In this lesson you will look at the roles of the Crown and Houses of Parliament on Victoria in law-making. After completing this lesson plan, you will be able to • Define and use the correct legal terminology, principles and information relating to parliamentary procedure • Understand the role of the Crown in law-making • Understand the roles of the Legislative Assembly and the Legislative Council • Be more engaged with the Parliament of Victoria. Roles of the houses of parliament in Victoria in law making One of the important roles of parliament is to makes new laws and update old laws for the good government of our society. Victoria has a bi-cameral parliament and there are two houses, an upper house and Bi-cameral means having a lower house. The Victorian Parliament is made up of the two Houses of Parliament. • Legislative Assembly (lower house), with 88 members who each represent an electorate. • Legislative Council (upper house), with 40 members from eight regions. Each Members of Parliament region has five members. can belong to a political party or be independent. • The Crown, represented by the Governor. -
Bill C-53: Succession to the Throne Act, 2013
Bill C-53: Succession to the Throne Act, 2013 Publication No. 41-1-C53-E 30 August 2013 Michel Bédard Legal and Social Affairs Division Parliamentary Information and Research Service Library of Parliament Legislative Summaries summarize government bills currently before Parliament and provide background about them in an objective and impartial manner. They are prepared by the Parliamentary Information and Research Service, which carries out research for and provides information and analysis to parliamentarians and Senate and House of Commons committees and parliamentary associations. Legislative Summaries are revised as needed to reflect amendments made to bills as they move through the legislative process. Notice: For clarity of exposition, the legislative proposals set out in the bill described in this Legislative Summary are stated as if they had already been adopted or were in force. It is important to note, however, that bills may be amended during their consideration by the House of Commons and Senate, and have no force or effect unless and until they are passed by both houses of Parliament, receive Royal Assent, and come into force. Any substantive changes in this Legislative Summary that have been made since the preceding issue are indicated in bold print. © Library of Parliament, Ottawa, Canada, 2013 Legislative Summary of Bill C-53 (Legislative Summary) Publication No. 41-1-C53-E Ce document est également publié en français. CONTENTS 1 BACKGROUND ........................................................................................................ -
Monarchist League of Canada
THE MONARCHIST LEAGUE of CANADA Justin Trudeau takes Oath of Office as Prime Minister before Governor General David Johnston. “I do swear that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors. So help me God.” – Canada’s Oath of Allegiance, sworn by many public officials Members of the Canadian Royal Family make frequent homecomings here. In May 2016, Prime Minister Trudeau joined Prince Harry in checking out facilities for the Toronto 2017 Invictus Games, Prince Harry’s sporting event for ill, injured and wounded soldiers and veterans. Our Canadian Monarchy © 2017 by the Monarchist League of Canada. All rights reserved. All images remain the property of their respective owners 2 OUR CANADIAN MONARCHY Canada 150 portrait of The Queen, wearing the Maple Leaf brooch presented to her mother by George VI before their 1939 tour of Canada. Elizabeth II, Queen of Canada The Queen is the representation of all of Canada within one person. Together with her representatives and members of the Royal Family, she promotes “all that is best and most admired in the Canadian ideal”. Governor General Julie Payette gives Royal Assent in the Senate on December 12, 2017. 3 THE MONARCHIST LEAGUE of CANADA Canada: always a monarchy he lands that now comprise modern-day Canada Thave long been reigned over by hereditary leaders. Canada enjoys a history of functioning government that began to evolve centuries before European contact with Indigenous peoples. Many Indigenous groups were headed by a chieftain who was advised by a council of elders, not unlike the series of French and British monarchs in whose name the original colonies of North America were founded. -
How a Bill Becomes
How a Bill Most public bills are introduced to the Legislative ■ First Reading Becomes Law Assembly by Cabinet ministers. Only government bills At the first reading, the bill’s sponsor introduces the can require the spending of public money (our tax proposed bill and explains its purpose. MLAs do not dollars) or impose a new tax and must be accompanied discuss the bill’s merits at this point, but simply vote In British Columbia’s grand and historic Parliament by a recommendation or “message” from the Lieutenant on whether to accept it for future debate. If they vote Buildings, our elected representatives – called Members Governor. This tradition dates back hundreds of years, yes, the bill is scheduled for second reading – to give of the Legislative Assembly or MLAs – meet to shape the when only the King or Queen could raise funds for MLAs time to study it. future of our province by debating and passing the laws public projects. that govern British Columbians. A public bill introduced by an MLA who is not a ■ Second Reading British Columbia is divided into 87 constituencies or Cabinet minister is known as a public bill in the hands During second reading, MLAs debate the bill’s general ridings. One MLA is elected from each riding to speak of a private member. principles and goals, but do not yet discuss specific on behalf of the people who live there. sections. If a bill is complex or contentious, second A bill introduced by an MLA on behalf of a person or reading may last for several days. -
EXPLANATORY NOTES Succession to the Crown Act 2013
EXPLANATORY NOTES Succession to the Crown Act 2013 Chapter 20 £5.75 These notes refer to the Succession to the Crown Act 2013 (c.20) which received Royal Assent on 25 April 2013 SUCCESSION TO THE CROWN ACT 2013 —————————— EXPLANATORY NOTES INTRODUCTION 1. These explanatory notes relate to the Succession to the Crown Act 2013, which received Royal Assent on 25 April 2013. They have been prepared by the Cabinet Office in order to assist the reader of the Act. They do not form part of the Act and have not been endorsed by Parliament. 2. The notes need to be read in conjunction with the Act. They are not, and are not meant to be, a comprehensive description of the Act. So where a section or part of a section does not seem to require any explanation or comment, none is given. SUMMARY 3. The Succession to the Crown Act 2013 makes three changes to the law governing the succession to the Crown. It ends the system of male preference primogeniture under which a younger son displaces an elder daughter in the line of succession. 4. The Act also removes the statutory provisions under which anyone who marries a Roman Catholic loses their place in the line of succession. 5. Thirdly, the Act repeals the Royal Marriages Act 1772, which (with some exceptions) makes void the marriage of any of the descendants of George II who fails to obtain the Sovereign’s permission prior to their marriage. BACKGROUND 6. The Prime Minster announced at the Commonwealth Heads of Government Meeting in Perth on 28 October 2011 that, with the agreement of the fifteen other Commonwealth Realms of which Her Majesty is also Head of State, the United Kingdom would change the rules of royal succession to end the system of male preference primogeniture and the bar on those who marry Roman Catholics from succeeding to the Throne. -
Legislation Handbook on Assembly Bills August 2017
Welsh Government Legislation Handbook on Assembly Bills August 2017 gov.wales Mae’r ddogfen yma hefyd ar gael yn Gymraeg / This document is also available in Welsh. © Crown copyright 2017 WG32040 Digital ISBN 978-1-78859-074-7 1 Table of Contents Introduction ............................................................................................................................... 9 Examples ................................................................................................................................ 10 Presentation ........................................................................................................................... 10 Keeping the Legislation Handbook up to date .................................................................. 10 Chapter 1 – Acts of the Assembly and the Government’s legislative programme ..... 11 Acts of the Assembly ............................................................................................................ 11 The Government’s approach to legislation ........................................................................ 13 Preparing the legislative programme ................................................................................. 13 Chapter 2 – Overview of preparing a Bill ........................................................................... 14 Working on an Assembly Bill ............................................................................................... 14 Key phases of work prior to introduction of the Bill ......................................................... -
Royal Assent in Victoria
Royal Assent in Victoria # Kate Murray * In October 2005 the Governor of Victoria withheld the royal assent from a bill on advice from the Premier. This caused private concern for parliamentary staff, outspoken complaints from some members of Parliament and even somewhat of a media frenzy — well a frenzy relative to the usual media attention paid to parliamentary procedure. The withholding of assent led to a range of questions. What exactly is the legal and constitutional basis for royal assent in Victoria? How has the procedure for giving assent changed over the 150 year history of the Parliament of Victoria? What are the roles of the clerk of the parliaments, the governor and the executive in the process and, in particular, who can and should advise the governor? This paper will attempt to answer some of those questions and examine a range of situations in which there have been difficulties with the royal assent process in Victoria. New comers to the Victorian Constitution might be surprised to find that it is not a ‘how to’ on democracy in Victoria. Much of what happens in the three branches of government and the relationships between them is left unsaid. 1 Instead the traditions of the Westminster system, together with various adaptations developed during the 150 years of responsible government in Victoria, are followed. And so it is with the process for royal assent. Royal assent is one of the stages of making a law in Victoria. It occurs when the governor, on behalf of the Queen, approves a bill that has been passed by both Houses of Parliament.