The Legislative Process and Judicial Review: Royal Functions and Their Justiciability

Abstract

This paper looks at three procedural functions of the Crown in the legislative process (Royal Recommendation, Royal Consent and Royal Assent) and considers how they fit with the roles of the other branches of the State, particularly judicial review legislative action. The paper begins by describing the three procedural functions in general terms. It then looks at how these functions have been considered by the courts, both in terms of their review of legislative action as well as their application of legislation itself. The paper focuses on the concept of justiciability and argues that the courts have no role in relation to the Royal Recommendation and Royal Consent and have only a very limited role in terms of satisfying themselves that the parliamentary record shows that Royal Assent has been given.

Keywords: Parliament, legislative process, royal recommendation, royal consent, royal assent, judicial review, justiciability