Thursday, August 25, 2016

Royal Assent, The Queen - She has to sign laws

So,

in order for a proposed law (Bill) to become an actual law, it must be signed off by the current reigning monarch, in this case Queen Elizabeth the Second, written into law (Acts) as "the Queen's Most Excellent Majesty".



Reading the above line some people by this stage would be absolute outrage in saying that this is not the case in Australia.

So, currently in the British penal colony called Australia, there are some laws that say that a person that holds the title of Governor-General can give Royal Assent as a representative of the sovereign.

As always, anything to do with law in Australia, is actually a question of law.

So, does that person who holds the title of Governor-General actually hold it 'lawfully' (as opposed to legally)?

Please note also that in order for a law to be 'lawful' it must pass through BOTH houses of Parliament.

The current Governor-General of Australia is Peter Cosgrove, since 28 March 2014.

With reference to an article from Business Insider Australia from 20 May 2015 an excerpt has been taken out from the article of the following subheading:



She has to sign laws.

The Queen’s consent is necessary to turn any bill into an actual law. Once a proposed law has passed both houses of Parliament, it makes its way to the Palace for approval, which is is called “Royal Assent.” The last British Monarch to refuse to provide Royal Assent was Queen Anne, back in 1708.




Royal Assent is different than “Queen’s consent,” in which the Queen must consent to any law being debated in Parliament which affects the Monarchy’s interests (such as reforming the prerogative or tax laws that might affect the Duchy of Cornwall, for example). Without consent, the bill cannot be debated in Parliament.

Queen’s consent is only exercised on the advice of ministers, but its existence provides the government with a tool for blocking debate on certain subjects if bills are tabled by backbench rebels or the opposition.

It has been exercised at least 39 times, according to documents released under the Freedom of Information act, including “one instance [in which] the Queen completely vetoed the Military Actions Against Iraq Bill in 1999, a private member’s bill that sought to transfer the power to authorise military strikes against Iraq from the monarch to parliament,” the Guardian reported in 2013.

Also note blog post:

How to easily spot an unlawful Act

The entire article can be read at:

http://www.businessinsider.com.au/weirdest-powers-queen-elizabeth-ii-british-sovereign-prerogative-swans-dolphins-2015-5


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