The examples and perspective in this article may not represent a worldwide view of the subject.(February 2024) |
Proposed bills are often categorized into public bills and private bills. A public bill is a proposed law which would apply to everyone within its jurisdiction. A private bill is a proposal for a law affecting only a single person, group, or area, such as a bill granting a named person citizenship or, previously, granting named persons a legislative divorce.
Private law can afford relief from another law, grant a unique benefit or powers not available under the general law, or relieve someone from legal responsibility for some allegedly wrongful act. There are many examples of such private law in democratic countries, although its use has changed over time. A private bill is not to be confused with a private member's bill, which is a bill introduced by a "private member" of the legislature rather than by the ministry.
In modern practice, private bills are mixed and have both private and public aspects. In such cases the proposed legislation is called a hybrid bill. [1] Some public laws set out such narrow terms of applicability that they apply to only one person or organization, making them de facto private laws. This may be used (successfully or unsuccessfully) to get around prohibitions on certain kinds of public laws.
Public bills are the most common bills introduced in the Parliament of the United Kingdom. If they are enacted, they become public general acts (in contrast with local and personal acts).
Private bills create two types of act of Parliament in the United Kingdom. The first are acts for the benefit of individuals (known as private or personal acts) which have historically often dealt with divorces or granting British nationality to foreigners, but in modern times are generally limited to authorising marriages which would otherwise not be legal. [2] The most recent such act was made in 1987.
The second type are public acts for the benefit of organisations, or authorising major projects such as railways or canals, or granting extra powers to local authorities (known as local acts). [3] Private bills were used in the nineteenth century to create corporations and grant monopolies. They are still used in relation to large infrastructure projects, such as HS2, where law is being created primarily to give effect to rights and powers being exercised by a private (even if largely state owned) entity. [4]
There is another classification known as a hybrid instrument which shares characteristics of both public and private bills. Hybrid bills become public acts.
Divorce in Canada prior to the passage of the Divorce Act of 1968 was sometimes handled by private laws. [5] If unavailable by administrative or judicial means, it was possible to obtain a legislative divorce by application to the Senate of Canada, which reviewed and investigated petitions for divorce, which would then be voted upon by the Senate and subsequently made into law.
Public bills are the most common type of law in the United States.
The Constitution of the United States prohibits bills of attainder in both state and federal legislatures, meaning private laws cannot be used to punish any specific individual or organization. This does not prohibit private laws which are favorable to a person or corporation.
In the United States, private bills were previously common. However, federal agencies are now able to deal with most of the issues that were previously dealt with under private bills as these agencies have been granted sufficient discretion by the United States Congress to deal with exceptions to the general legislative scheme of various laws. The kinds of private bills that are still introduced include grants of citizenship to individuals who are otherwise ineligible for normal visa processing; alleviation of tax liabilities; armed services decorations; and veteran benefits.[ examples needed ]
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. The Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation.
A trust is a legal relationship in which the owner of property, or any transferable right, gives it to another to manage and use solely for the benefit of a designated person. In the English common law, the party who entrusts the property is known as the "settlor", the party to whom it is entrusted is known as the "trustee", the party for whose benefit the property is entrusted is known as the "beneficiary", and the entrusted property is known as the "corpus" or "trust property". A testamentary trust is an irrevocable trust established and funded pursuant to the terms of a deceased person's will. An inter vivos trust is a trust created during the settlor's life.
The Parliament of Canada is the federal legislature of Canada, seated at Parliament Hill in Ottawa, and is composed of three parts: the King, the Senate, and the House of Commons. By constitutional convention, the House of Commons is dominant, with the Senate rarely opposing its will. The Senate reviews legislation from a less partisan standpoint and may initiate certain bills. The monarch or his representative, normally the governor general, provides royal assent to make bills into law.
An act of parliament, as a form of primary legislation, is a text of law passed by the legislative body of a jurisdiction. In most countries with a parliamentary system of government, acts of parliament begin as a bill, which the legislature votes on. Depending on the structure of government, this text may then be subject to assent or approval from the executive branch.
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, Liechtenstein and Monaco 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.
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain.
Bicameralism is a type of legislature that is 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 2022, roughly 40% of the world's national legislatures are bicameral, while unicameralism represents 60% nationally and much more at the subnational level.
A private member's bill is a bill introduced into a legislature by a legislator who is not acting on behalf of the executive branch. The designation "private member's bill" is used in most Westminster system jurisdictions, in which a "private member" is any member of parliament (MP) who is not a member of the cabinet (executive). Other labels may be used for the concept in other parliamentary systems; for example, the label member's bill is used in the Scottish Parliament and the New Zealand Parliament, the term private senator's bill is used in the Australian Senate, and the term public bill is used in the Senate of Canada. In legislatures where the executive does not have the right of initiative, such as the United States Congress, the concept does not arise since bills are always introduced by legislators.
Promulgation is the formal proclamation or the declaration that a new statutory or administrative law is enacted after its final approval. In some jurisdictions, this additional step is necessary before the law can take effect.
A bill is a proposal for a new law, or a proposal to substantially alter an existing law.
Special legislation is a legal term of art used in the United States to refer to legislation that targets an individual or a small, identifiable group for treatment that does not apply to all the members of a given class. A statute is often called special legislation when it targets a named person, but the term can also be applied to legislation that singles out an association or corporation. Although a prototypical special law applies only to a single particular person or entity, legislation is often considered special when it applies to a small group of people or other entities.
The Parliament of Victoria is the bicameral legislature of the Australian state of Victoria that follows a Westminster-derived parliamentary system. It consists of the King, represented by the governor of Victoria, the Legislative Assembly and the Legislative Council. It has a fused executive drawn from members of both chambers. The parliament meets at Parliament House in the state capital Melbourne. The current Parliament was elected on 26 November 2022, sworn in on 20 December 2022 and is the 60th parliament in Victoria.
An Act of Parliament in the United Kingdom is primary legislation passed by the UK Parliament in Westminster, London.
In the UK and certain other Commonwealth countries, King's Consent is a parliamentary convention under which Crown consent is sought whenever a proposed parliamentary bill will affect the Crown's own prerogatives or interests. Prince's Consent is a similar doctrine, under which consent of the Prince of Wales must be obtained for matters relating to the Duchy of Cornwall. King's or Prince's Consent must be obtained early in the legislative process, generally before parliament may debate or vote on a bill. In modern times, following the tenets of constitutional monarchy, consent is granted or withheld as advised by government.
The Chronological Table of the Statutes is a chronological list of the public Acts passed by the Parliament of England (1235–1706), the Parliament of Great Britain (1707–1800), and the Parliament of the United Kingdom, as well as the acts of the old Parliament of Scotland and of the modern Scottish Parliament, and the measures passed by the National Assembly for Wales and by the General Synod of the Church of England. It is produced by Her Majesty's Stationery Office and published by The Stationery Office.
Local and personal acts are laws in the United Kingdom which apply to a particular individual or group of individuals, or corporate entity. This contrasts with a public general Act of Parliament (statute) which applies to the nation-state. Acts of Parliament can afford relief from another law; grant a unique benefit or, grant powers not available under the general law; or, relieve someone from legal responsibility for some allegedly wrongful act.
The Variation of Trusts Act 1958 is an Act of the Parliament of the United Kingdom that governs the courts' ability to vary the terms of trust documents. Prior to the 1950s, the courts were willing to approve "compromise" agreements as to what terms meant, not only when they were disputed but also for the benefit of certain parties, such as minors. In 1954, the House of Lords decided in Chapman v Chapman that this would no longer be permitted, creating a gap between the rights of trusts under the Settled Land Act 1925 and those trusts that were not. As a result, following a report by the Law Reform Committee, Petre Crowder introduced the Variation of Trusts Bill to Parliament, where it was given royal assent on 23 July 1958, and came into force as the Variation of Trusts Act 1958.
An act of the Scottish Parliament is primary legislation made by the Scottish Parliament. The power to create acts was conferred to the Parliament by section 28 of the Scotland Act 1998 following the successful 1997 referendum on devolution.
The Electric Lighting Acts 1882 to 1909 are acts of the Parliament of the United Kingdom.
Disallowance and reservation are historical constitutional powers in Canada that act as a mechanism to delay or overrule legislation passed by Parliament or a provincial legislature. In contemporary Canadian history, disallowance is an authority granted to the governor general in council to invalidate an act passed by a provincial legislature. Reservation is an authority granted to the lieutenant governor to withhold royal assent from a bill which has been passed by a provincial legislature; the bill is then "reserved" for consideration by the federal cabinet.