The Refusal or Deferral of Royal Assent

Public Law, pp. 580-602, Autumn 2006

Sydney Law School Research Paper No. 07/58

23 Pages Posted: 16 Aug 2007 Last revised: 20 Nov 2007

See all articles by Anne Twomey

Anne Twomey

The University of Sydney Law School

Abstract

If a Bill is duly passed by both Houses of Parliament and presented to the Queen or her vice-regal representative for royal Assent, can ministers advise that assent be deferred or refused? The issue has recently arisen twice in the Australian States. It has exposed quite different understandings of the Sovereign's role as part of Parliament, and opened up questions as to the discretion, if any, that may be exercised by the Sovereign or her vice-regal representatives in giving Royal Assent. This article discusses examples of cases where Ministers have interfered with the grant of royal assent and the grounds upon which this might be legitimate.

Keywords: royal assent, legislation, Parliament, parliamentary procedure, commencement of Acts, Crown, advice to Queen, ministerial responsibility, executive power, validity of laws, Governors, Commmonwealth of Nationas, reserve powers, manner and form

JEL Classification: K10, K30

Suggested Citation

Twomey, Anne, The Refusal or Deferral of Royal Assent. Public Law, pp. 580-602, Autumn 2006; Sydney Law School Research Paper No. 07/58. Available at SSRN: https://ssrn.com/abstract=1007341

Anne Twomey (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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