Legislative veto

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The legislative veto describes features of at least two different forms of government, monarchies and those based on the separation of powers, applied to the authority of the monarch in the first and to the authority of the legislature in the second.

In the case of monarchy, legislative veto describes the right of the ruler to nullify the actions of a legislative body, for example, the French monarch's claim to the right to veto actions of the National Assembly at the start of the French Revolution. [1]

In a parliamentary system with a bicameral legislature, it refers to the authority of the upper chamber, like Canada's Senate, to reject legislation or certain prescribed categories of legislation. [2]

In the case of representative governments that divide their executive and legislative functions, legislative veto refers to the power of a legislature, or one house of a bicameral legislature, to nullify an action of the executive authority. The practice was common for several decades in the United States at the federal level until the Supreme Court ruled the practice unconstitutional in 1983 in Immigration and Naturalization Service v. Chadha . [3]

In Germany, the term refers to the authority of the Bundesrat, which represents the German states, to nullify certain categories of legislation enacted by the Bundestag, the nation's legislature. [4]

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Constitutional monarchy Type of monarchy in which power is restricted by a constitution

A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in deciding. Constitutional monarchies differ from absolute monarchies in that they are bound to exercise powers and authorities within limits prescribed by an established legal framework. Constitutional monarchies range from countries such as Liechtenstein, Monaco, Morocco, Jordan, Kuwait, and Bahrain, where the constitution grants substantial discretionary powers to the sovereign, to countries such as Australia, the United Kingdom, Canada, the Netherlands, Spain, Belgium, Sweden, Malaysia, Thailand, Cambodia, and Japan, where the monarch retains significantly less personal discretion in the exercise of their authority.

A head of state is the public persona who officially embodies a state in its unity and legitimacy. Depending on the country's form of government and separation of powers, the head of state may be a ceremonial figurehead or concurrently the head of government and more.

Parliament Legislative body of government

In modern politics and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word parliament to parliamentary systems, although it is also used to describe the legislature in some presidential systems, even where it is not in the official name.

Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typical division is into three branches: a legislature, an executive, and a judiciary, which is sometimes called the trias politica model. It can be contrasted with the fusion of powers in parliamentary and semi-presidential systems where there can be overlap in membership and functions between different branches, especially the executive and legislative.

Westminster system Housing parliamentary system of government

The Westminster system or Westminster model is a type of parliamentary government that incorporates a series of procedures for operating a legislature. This concept was first developed in England.

Legislature Deliberative assembly that makes laws

A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government.

Veto Legal power to stop an official action, usually enactment of legislation

A veto is a legal power to unilaterally stop an official action. In the most typical case, a president or monarch vetoes a bill to stop it from becoming law. In many countries, veto powers are established in the country's constitution. Veto powers are also found at other levels of government, such as in state, provincial or local government, and in international bodies.

Royal assent Formal approval of a proposed law in monarchies

Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands and Liechtenstein which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century.

Parliamentary system Form of government

A parliamentary system or parliamentary democracy is a system of democratic governance of a state where the executive derives its democratic legitimacy from its ability to command the support ("confidence") of the legislature, typically a parliament, to which it is accountable. In a parliamentary system, the head of state is usually a person distinct from the head of government. This is in contrast to a presidential system, where the head of state often is also the head of government and, most importantly, where the executive does not derive its democratic legitimacy from the legislature.

Bicameralism is a type of legislature, one divided into two separate assemblies, chambers, or houses, known as a bicameral legislature. Bicameralism is distinguished from unicameralism, in which all members deliberate and vote as a single group. As of 2015, about 40% of world's national legislatures are bicameral, and about 60% are unicameral.

States General of the Netherlands Supreme legislature of the Netherlands

The States General of the Netherlands is the supreme bicameral legislature of the Netherlands consisting of the Senate and the House of Representatives. Both chambers meet at the Binnenhof in The Hague.

Speech from the throne A monarchs speech outling governmental agenda and opening the legislative session

A speech from the throne, or throne speech, is an event in certain monarchies in which the reigning sovereign, or a representative thereof, reads a prepared speech to members of the nation's legislature when a session is opened, outlining the government's agenda and focus for the forthcoming session, or in some cases closed. When a session is opened, the address sets forth the government’s priorities with respect to its legislative agenda, for which the cooperation of the legislature is sought. The speech is often accompanied with formal ceremony and is often held annually, although in some places it may occur more or less frequently, whenever a new session of the legislature is opened.

An upper house is one of two chambers of a bicameral legislature, the other chamber being the lower house. The house formally designated as the upper house is usually smaller and often has more restricted power than the lower house. A legislature composed of only one house is described as unicameral.

Clinton v. City of New York, 524 U.S. 417 (1998), is a legal case in which the Supreme Court of the United States ruled that the line-item veto as granted in the Line Item Veto Act of 1996 violated the Presentment Clause of the United States Constitution because it impermissibly gave the President of the United States the power to unilaterally amend or repeal parts of statutes that had been duly passed by the United States Congress. The decision of the Court, in a six-to-three majority, was delivered by Justice John Paul Stevens.

Australian Government Federal government of Australia

The Australian Government, also known as the Commonwealth Government, is the national government of Australia, a federal parliamentary constitutional monarchy. Like other Westminster-style systems of government, the Australian Government is made up of three branches: the executive, the legislative, and the judicial.

Immigration and Naturalization Service v. Chadha, 462 U.S. 919 (1983), was a United States Supreme Court case ruling in 1983 that the one-house legislative veto violated the constitutional separation of powers.

The legislative veto was a feature of dozens of statutes enacted by the United States federal government between approximately 1930 and 1980, until held unconstitutional by the U.S. Supreme Court in 1983. It is a provision whereby Congress passes a statute granting authority to the President and reserving for itself the ability to override, through simple majority vote, individual actions taken by the President pursuant to that authority.

A concurrent resolution is a resolution adopted by both houses of a bicameral legislature that lacks the force of law and does not require the approval of the chief executive (president). Concurrent resolutions are typically adopted to regulate the internal affairs of the legislature that adopted them, or for other purposes, if authority of law is not necessary.

Semi-parliamentary system System where voters vote simultaneously for both prime minister and members of legislature

Semi-parliamentary system can refer to either a prime-ministerial system, in which voters simultaneously vote for both members of legislature and the prime minister, or to a system of government in which the legislature is split into two parts that are both directly elected – one that has the power to remove the members of the executive by a vote of no confidence and another that does not. The former was first proposed by Maurice Duverger, who used it to refer to Israel from 1996-2001. The second was identified by German academic Steffen Ganghof.

Veto power in the United States

In the United States, the president can use the veto power to prevent a bill passed by the Congress from becoming law. Congress can override the veto by a two-thirds vote of both chambers.

References

  1. Baker, Keith Michael (1990). Inventing the French Revolution: Essays on French Political Culture in the Eighteenth Century. Cambridge University Press. pp. 280–1.
  2. "Reforming the Senate". CBC News. December 22, 2008. Retrieved July 5, 2013.
  3. Barbara Hinkson Craig, Chadha: The Story of an Epic Constitutional Struggle (NY: Oxford University Press, 1988)
  4. Steiner, Jürg; et al. (2004). Deliberative Politics in Action: Analyzing Parliamentary Discourse. Cambridge University Press. p. 102. ISBN   9780521828710.

See also