VocabuLaw

Royal Assent

What is it and what does it mean?

Description of the legal term Royal Assent:

Royal Assent is a constitutional formality in the United Kingdom, representing the final step for a proposed piece of legislation to become law. After a bill has successfully passed through all stages of debate and approval in both the House of Commons and the House of Lords, it is presented to the reigning monarch for approval. Although it is termed ‘Assent’, the reality of the process in modern times is that it is largely a ceremonial function, and it is exceedingly rare for the monarch to refuse to provide Assent to a bill.

Historically, Royal Assent was more than a formality. The monarch had the right to withhold Assent and effectively veto legislation. However, the last monarch to exercise this power was Queen Anne in 1708. Since then, Royal Assent has been automatically granted as a matter of course, reflecting the United Kingdom’s constitutional monarchy where the monarch’s powers are largely symbolic and the actual governance of the country is conducted by the elected Parliament.

The granting of Assent is typically done during a ceremony known as a Commission. Diplomatic letters patent authorize Commissioners, usually Lords who are members of the Privy Council, to declare the Assent in the name of the Sovereign. There is also the older method of royal Assent by notification, where the Sovereign informs the House of Lords that they have granted Assent, and the clerk then reads out the titles of the acts that have received it.

This process underscores the constitutional principle that the Sovereign ‘reigns but does not rule’, adhering to the democratic principle that elected representatives make and pass legislation. Though the power of refusal remains technically within the Sovereignty’s remit, to exercise it would provoke a constitutional crisis, given that the UK’s modern democratic structure functions on the basis that the government of the day has the mandate of the people.

Royal Assent is therefore a critical juncture in the legislative process. It is the point at which proposals approved by Parliament formally become part of the law of the land, subject to the oversight and interpretation of the courts. The Assent reaffirms the balance of power between the Crown and the Parliament, casting the Sovereign in a role that respects the supremacy of Parliament while maintaining the traditional rites of the constitutional monarchy.

Legal context in which the term Royal Assent may be used:

The importance and ceremonial nature of Assent can be illustrated by the passage of the Brexit-related legislation. The European Union (Withdrawal) Act 2018, commonly referred to as the Brexit bill, was a highly debated piece of legislation that sought to end the supremacy of EU law in the UK statute book. After a protracted period of scrutiny, amendments, and debates in both Houses of Parliament, the bill was finally ready to receive the formal approval of Queen Elizabeth II. On 26 June 2018, it was announced that the Queen had granted her Assent to the bill, a pivotal moment in the UK’s history. The bill’s progression to law was widely reported and symbolized the concrete legal steps the country was taking towards leaving the European Union.

Another context in which the term gains significance was during the passage of the Marriage (Same Sex Couples) Act 2013. This act was a landmark in social legislation, enabling same-sex couples to marry in England and Wales. Given the sensitivity and historical significance of the issue, the granting of Assent by the Queen was a meaningful moment that demonstrated the monarch’s role in the progressive evolution of society. While there was no question that the Queen would grant her Assent, the act of doing so underscored the ceremonial role of the monarchy in sanctioning and recognizing the changes in societal norms as reflected by Parliament’s legislation.

Royal Assent remains a crucial component of the United Kingdom’s legislative process, symbolizing the final accord between the democratic institutions of governance and the constitutional monarchy. It solidifies the respect for democratic processes while maintaining a link to the ceremonial traditions that are part of the UK’s rich constitutional history.

This website is for informational purposes only and may contain inaccuracies. It should not be used as a substitute for professional legal advice.