Approval and Control of Legislative Acts
6.5.1 Detailed Provisions
Various mechanisms of approvals and control, including referrals back to Parliament or to the constitutional court of the county have been established, see Table 6.6.
6.5.2 Remarks
The laws enacted by parliaments are normally promulgated by the Head of State, either monarch or president. In parliamentary monarchies the promulgation (signing, sanction) usually takes place without any counterweight in the form of a veto as the law is sufficiently legitimized by the representative assemblies (e.g. UK, Sweden, Netherlands, Belgium, Denmark, Spain, Japan).
However in “parliamentary republics” as well as in semi-presidential and presidential systems the Head of State disposes of various instruments of review: He may either control the procedural correctness, examine the form and substance of the law for constitutional reasons, withhold his assent and remit it to the chambers concerned which will reconsider anew the founded objections (e.g. USA, Ukraine, Turkey, Russia, India, Pakistan, Argentina, Brazil, Australia) or may—due to the system of constitutional review -submit the question of constitutionality to the Constitutional or Supreme Courts (e.g. Germany, Austria, France, Algeria, Cameroon). But there are also constitutions where the President may not only veto a law for constitutional
Table 6.6 | | Approval and control of legislative acts
| Approval by referendum | Vetoing and signing power of President/Monarch | Countries |
| If Parliament (“Nationalrat”) or a majority so decides (art. 43 B-VG) | Authentication by Federal President and countersigning of chancellor (art. 47 B-VG) | Austria |
| Sanction and promulgation by King (art. 109); countersigning of royal acts by minister | Belgium | |
| Request by 1/3 of members of Parliament (“Folketing”) to submit the bill to a referendum (except tax, budget and other laws): § 42 | Royal approval. §22 | Denmark |
| Any Government bill may be submitted by President, Government or 1/5 of MPs or 1/10 of voters to a referendum in certain prescribed matters (art. 11) | President may request a new reading of a bill or of single articles; otherwise promulgation within 14 days after final version: art. 10 | France |
| Signature of President (“Gegenzeichnung”) art. 82, but President may scrutinize any law for procedural or substantial doubts and refer it to the Federal Constitutional Court. | Germany | |
| Promulgation of laws by President within 1 month, but he may request with a reasoned opinion a new deliberation: art. 73, 74 | Italy | |
| Majority of Senate and 1/3 of members of Lower House may petition the President to sign a people’s referendum concerning essential matters: art. 27 | Promulgation by President: art. 25, but he may refer the law to the Constitutional Court for judicial review: art. 25, 26 | Ireland |
| Ratification by monarch | Netherlands | |
| Prior preventive control of Constitutional Court on request by president: art. 134 lit. g; veto by President against bill within 20 days which can be overruled with abs. majority of MP’s; otherwise promulgation by President within 20 days; law only valid with promulgation and signing of President: art. 137 | Portugal | |
| King gives his assent, promulgates the law and orders its publication: art. 91 | Spain | |
| President may refer the law to the Constitutional Court, if no previous review took place. (art. 6 par. 4), otherwise he signs it within 5 days (art. 4 par. 3), he may also remit the law to the Parliament for renewed deliberation (art. 6 par. 5) | Hungary |
Table 6.6 (continued)
| Approval by referendum | Vetoing and signing power of President/Monarch | Countries |
| President may submit the law for constitutional review to the Const Court; he signs the law if no unconstitutional norm has been declared invalid or without the latter: art. 122 par. 3; he may also remit the law to the Sejm for a renewed deliberation which must be “overruled” by a 3/5 majority of MP’s: art. 122 par. 4; “normal” promulgation by President within 21 days, in the case or remittal after 7 days: art. 122 par. 2, 5 | Poland | |
| President may submit the law for constitutional review to the Const. Court or also remit it to the Parliament for renewed deliberation: art. 77; promulgation by President: art. 77 | Romania | |
| Publication by government: Chap. 8 § 19 | Sweden | |
| Signing or referral to Sejmas for a renewed deliberation: art. 77 par. 1, 2; promulgation by President | Lithuania | |
| President signs and promulgates the law if he does not return the law to Parliament for a renewed consideration: art. 46 par. 3 | Georgia | |
| President may sign the law or return it for new consideration to Parliament (“Verkovna rada”): art. 94 par. 1, 2; if he does not sign it finally President of Parliament substitutes the signature. art. 94 par. 4 | Ukraine | |
| President may sign or return the bill to the Grand Assembly which can override the veto by an absolute majority vote; promulgation by President: art. 89 par. 1, 2 | Turkey | |
| President may sign or veto the law but can be “overruled” by a 2/3 majority of both chambers: art. 107 par. 3; Promulgation by President | Russia | |
| President may sign or reject law to be reconsidered by Chambers; veto can be overruled ba 2/3 majority of members of both houses: art. I, Sec. VII, par. 2; Promulgation by President | USA |
Table 6.6 (continued)
| Approval by referendum | Vetoing and signing power of President/Monarch | Countries |
| Royal assent by Governor General | Canada | |
| Governor General may give Royal assent or return the law to the House with recommendation: Part V, 58 | Australia | |
| President may assent to the law or return it with recommendations: art. 111 | India | |
| President may assent or return the law for consideration by either house; veto may be overruled by parliament: Sec. 75 | Pakistan | |
| Minister or Prime Minister sign the Act: art. 74; Promulgation by Emperor: art. 7,1. Diet Act | Japan | |
| President may sign law or return it for consideration to Nat Assembly; but Nat Ass can override veto by 2/3 majority: art. 53 par. 3; promulgation by president | South Korea | |
| President may return law for new consideration to chambers which can be overruled by a 2/3 majority: art. 83; promulgation by President: art. 83, 99 par. 3 | Argentina | |
| President may return bill to the chambers but can be overruled by abs majority of “Plurinational Assembly”: art. 163.10: President promulgates the law. art. 163.8. | Bolivia | |
| President may veto bill if deemed “unconstitutional or contrary to public interest”: art. 66 par. 1; can be overruled by 2/3 majority of both chambers (par. 4.). President sanctions the law: art. 66 | Brazil | |
| President may veto a bill but may be overruled by a 2/3 majority of Congress: art. 73; if President does not sign the law within 30 days it will enter into force: art. 75 | Chile | |
| President may veto the bill and send it back for reconsideration; veto may be overruled by a 2/3 majority: art. 72 par. 1 lit.c; promulgation by President | Mexico | |
| President may return Act to Houses within 30 days after final vote; veto can be overruled by a 2/3 majority of | Algeria |
Table 6.6 (continued)
| Approval by referendum | Vetoing and signing power of President/Monarch | Countries |
| both houses; art. 154; otherwise President promulgates act within 30 days, if not submitted to Constitutional Council: art. 144 | ||
| President may veto bills within 30 days; veto can be overruled by a 2/3 majority of Parliament: art. 123 par. 3; if President does not react within the delay or 30 days the Act “is considered law and issued” | Egypt | |
| President promulgates the Act unless he vetoes it for a 2nd reading or refers it to the Const. Council (“Conseil Constitutionnel”): art. 31 | Cameroon | |
| - | Congo | |
| President may veto law within 30 days but may be “overruled” by 2/3 majority in both houses: art. 59 par. 5 | Nigeria | |
| President may veto the law and refers it to Nat Assembly if doubts on constitutionality exist; if after a renewed approval by both houses the President still vetoes the law he must refer it to the Constitutional Court: Sec. 79; in any case President promulgates the law and signs it to become an Act of Parliament: Sec. 79, 81 | South Africa |
doubts but also for political reasons (e.g. USA, Ukraine, Brazil, Bolivia, Mexico, Chile). The control of the executive thus largely depends on the position of the President in the constitutional framework (see also President, Table 8.1) and is even more circumscribed by the power and role of the veto vis a vis the Parliament which usually overrules the veto by special voting majorities. Certainly, the strong position of the President in systems is more accentuated if the veto can only be overridden by qualified 2/3 or 4/5 majorities in the respective chambers (e.g. Poland, Russia, USA, South Korea, Argentina, Brazil, Mexico, Egypt, Nigeria) whereas in other constitutions an “absolute majority” (of legal members) or “majority” may be sufficient.[399] However this is not a decisive criterion for the power of legislation and the final balance of power between the Executive and Parliament in representative democracies but an additional element how to better evaluate the forms of presidential or semi-presidential systems.
Enacted and promulgated laws are usually published in official gazettes but this is rarely required in the constitutional texts (e.g. Austria, Germany, Ireland, Poland, Romania, Georgia, Bolivia) but is apparently left to the ordinary legislator or constitutional custom; however some constitutions prescribe the delay after which the law will become valid and enter into force after promulgation (e.g. 15 days Italy, Georgia, 20 days South Korea).[400] Once the legislature ends, most countries require that a new legislature commences afresh with previous bills. Only a few countries such as the Netherlands and Switzerland allow a carryover.[401]
6.6