Royal Assent

Royal Assent
Royal Assent
Full Overview Of Royal Assent

Royal Assent is the final stage in the legislative process within the United Kingdom, where a bill, having passed through both Houses of Parliament, receives the formal approval of the monarch. This process transforms a bill into law. As DLS Solicitors, we aim to comprehensively explore Royal Assent, its historical context, its role in contemporary governance, and its procedural intricacies.

Historical Context

The concept of Royal Assent dates back to the early days of the English monarchy when the sovereign’s approval was crucial for enacting laws. Historically, monarchs exercised considerable influence over legislation, often using their power to veto bills that did not align with their interests or those of their advisors. Over time, however, the monarchy’s role in the legislative process has become more ceremonial, reflecting the shift towards a constitutional monarchy and parliamentary sovereignty.

Constitutional Significance

Royal Assent represents the final endorsement of a bill, signifying the monarch’s agreement to the proposed legislation. Although it is now largely a formality, Royal Assent remains a vital constitutional requirement. Without it, a bill cannot become law.

The process underscores the balance of power between the Crown and Parliament, maintaining the ceremonial link to the UK’s constitutional heritage while affirming the supremacy of Parliament in legislative matters.

The Legislative Process

  1. Introduction of the Bill: A bill can be introduced in either the House of Commons or the House of Lords. It undergoes several readings and stages of scrutiny, including committee and report stages, where it is debated, amended, and refined.
  2. Passage Through Both Houses: For a bill to reach Royal Assent, it must be approved by both the House of Commons and the House of Lords. This involves detailed examination, debates, and voting at various stages.
  3. Consideration of Amendments: If one House makes amendments to a bill, the other House must consider and agree to these changes. This process may involve several rounds of consideration, known as “ping-pong,” until both Houses reach an agreement.
  4. Final Approval: Once both Houses have approved the bill’s final version, it is prepared for Royal Assent. The Clerk of the Parliament prepares the bill in its final form and is then presented to the monarch.

The Royal Assent Process

  • Presentation to the Monarch: After passing all parliamentary stages, the bill is sent to the sovereign for approval. Historically, this would involve a formal ceremony, but the process is usually conducted through written communication in modern times.
  • Granting of Assent: The monarch signifies their approval by signing a formal document, known as Letters Patent. Alternatively, a form of words is used: “La Reyne le veult” (the Queen wills it) or “Le Roy le veult” (the King wills it).
  • Proclamation: Once Royal Assent is granted, the bill becomes law. The new Act of Parliament is announced and published and takes effect immediately or on a specified date.

Modern Practices and Implications

In contemporary practice, granting Royal Assent is a formality, and the monarch’s refusal is unheard of in modern times. The last instance of a monarch withholding assent was Queen Anne in 1708. Today, Royal Assent is typically given through a Commission of Royal Assent. During this procedure, commissioners appointed by the monarch, including senior members of the judiciary and Parliament, formally announce the assent on the monarch’s behalf.

The significance of Royal Assent lies more in its ceremonial value and its role in the constitutional process rather than in its potential to alter legislative outcomes. It reinforces the procedural integrity of the legislative process and symbolizes the unity of the Crown and Parliament.

Special Circumstances and Exceptions

Certain bills, known as “money bills,” which solely concern national taxation or public expenditure, follow a slightly different process. These bills must be presented for Royal Assent within a month of their introduction and cannot be delayed or amended by the House of Lords.

In rare circumstances, the need for Royal Assent can be bypassed in times of emergency or under specific legislative frameworks, such as when certain delegated or secondary legislation is passed. However, these instances are exceptions rather than rules and are governed by strict legal and procedural guidelines.

Conclusion

Royal Assent is a crucial, albeit largely ceremonial, step in the United Kingdom’s legislative process. It signifies the monarch’s formal bill approval, transforming it into law. While its practical implications have evolved over centuries, its constitutional significance remains intact, reflecting the enduring balance of power between the Crown and Parliament.

At DLS Solicitors, we recognise the importance of understanding this process to appreciate fully the legislative framework within which we operate.

Royal Assent FAQ'S

Royal Assent is the final step in the legislative process in the UK, where the monarch formally agrees to a bill passed by both Houses of Parliament, allowing it to become law.

Royal Assent is usually given by the monarch through letters patent, which are documents signed by the sovereign, or by the monarch’s commissioners in a formal ceremony in Parliament. In modern times, it is often signified by a simple announcement in both Houses.

While theoretically possible, refusal of Royal Assent has not occurred since the early 18th century. It is now considered a constitutional convention that the monarch always grants assent to bills passed by Parliament.

Once Royal Assent is given, the bill becomes an Act of Parliament and is part of the law. It is then published as a statute and implemented according to its provisions.

Yes, Royal Assent is required for all types of primary legislation (bills) passed by Parliament. However, it is not required for secondary legislation (statutory instruments), which are made under the authority of an existing Act.

Royal Assent is typically given shortly after a bill is passed by both Houses of Parliament. Depending on the legislative calendar and procedures, it can occur on the same day or within a few days.

The Speaker of the House of Commons and the Lord Speaker of the House of Lords formally inform their respective Houses that Royal Assent has been granted.

No, Royal Assent does not change the content of a bill. It is a formal approval that allows the bill to become law in its final form as passed by Parliament.

No, a bill cannot become law without Royal Assent. This step is a constitutional requirement for enacting legislation in the UK.

There are no exceptions; all primary legislation requires Royal Assent to become law. However, certain emergency procedures may expedite the legislative process, but Royal Assent is still required at the end.

Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 22nd July 2024.

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