Constitutional law notes pdf kenya
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The concept of a veto body originated with the Roman consuls and tribunes. In Westminster systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely used reserve power of the monarch. United Kingdom Parliament may not repeal any Act of the Parliament of the Commonwealth of Australia on the grounds that is repugnant to the laws and interests of the United Kingdom. When a proposed law passed by both Houses of the Parliament is presented to the Governor-General for the Queen’s assent, he shall declare, according to his discretion, but subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent, or that he reserves the law for the Queen’s pleasure.
This reserve power is however, constitutionally arguable, and it is difficult to foresee an occasion when such a power would need to be exercised. It is possible that a Governor-general might so act if a bill passed by the Parliament was in violation of the Constitution. With regard to the six governors of the states which are federated under the Australian Commonwealth, a somewhat different situation exists. Until the Australia Act 1986, each state was constitutionally dependent upon the British Crown directly. According to the Constitution Act, 1867, the Governor General of Canada may veto a bill by refusing Royal Assent. 1961 by the Lieutenant Governor of Saskatchewan. In India, the president has three veto powers i.
The president can send the bill back to parliament for changes, which constitutes a limited veto that can be overridden by a simple majority. But the Bill reconsidered by the parliament becomes a law with or without the assents of President after 14 days. The president can also take no action indefinitely on a bill, sometimes referred to as a pocket veto. In Spain, Section 91 of the Constitution provides that the King shall give his assent to laws passed by the General Courts within 15 days after their final passing by them.
The absence of the royal assent, although not constitutionally provided, would mean the bill did not become a part of the law. 1708 by Queen Anne with the Scottish Militia Bill 1708. The House of Lords used to have an effective power of veto by refusing to concur in bills adopted by the House of Commons. However, reform first by a Liberal government and then by a Labour government has limited its powers. All legislation passed by both houses of Congress must be presented to the President. This presentation is in the President’s capacity as Head of Government. If the President approves of the legislation, then the President signs it into law.
If the Congress overrides the veto by a two-thirds vote in each house, it becomes law without the President’s signature. Otherwise, the bill fails to become law unless it is presented to the President again and the President chooses to sign it. A bill can also become law without the President’s signature if, after its presentment, the President simply fails to sign it within the ten days noted. If there are fewer than ten days left in the session before Congress adjourns, and if Congress does so adjourn before the ten days have expired in which the President might sign the bill, then the bill fails to become law. This section does not cite any sources. In 1983, the Supreme Court had struck down the one-house legislative veto, on separation of powers grounds and on grounds that the action by one house of Congress violated the Constitutional requirement of bicameralism. The Immigration and Nationality Act was one of many acts of Congress passed since the 1930s, which contained a provision allowing either house of that legislature to nullify decisions of agencies in the executive branch simply by passing a resolution.
In 1996, the United States Congress passed, and President Bill Clinton signed, the Line Item Veto Act of 1996. In 2006, Senator Bill Frist introduced the Legislative Line Item Veto Act of 2006 in the United States Senate. During the Constitutional Convention, the veto was routinely referred to as a ‘revisionary power’. The Veto was constructed not as an absolute veto, but rather with limits, such as that Congress can override a veto, and that the President’s objections must be stated in writing. During the Constitutional Convention the framers overwhelmingly rejected three proposals for an absolute veto. The presidential veto power was first exercised on 5 April 1792 when President George Washington vetoed a bill outlining a new apportionment formula.
Apportionment described how Congress divides seats in the House of Representatives among the states based on the US census figures. In addition to the ability to veto an entire bill as a “package,” many states allow the governor to exercise specialty veto authority to strike or revise portions of a bill without striking the whole bill. Amendatory veto Allows a governor to amend bills that have been passed by the legislature. Revisions are subject to confirmation or rejection by the legislature. Deletions can be overridden by the legislature. Many European republics allow some form of presidential veto on legislation, which may vary, according to their constitutional form or by convention. These include France, Italy, Portugal, the Republic of Ireland, Latvia, Lithuania, Ukraine, and Hungary.
The President of Austria has no veto power, but signs bills into law. The President of Iceland may refuse to sign a bill, which is then put to referendum. This right was not exercised until 2004, by President Ólafur Ragnar Grímsson, who has since refused to sign two other bills. The first bill was withdrawn, but the latter two resulted in referenda. The President of France has only a very limited form of suspensive veto: when presented with a law, he or she can request another reading of it by the Assembly, but only once per law.
Aside from it, the President can only refer bills to the Constitutional Council. The President of Hungary has two options to veto a bill: submit it to the Constitutional Court if he suspects that it violates the constitution or send it back to the Parliament and ask for a second debate and vote on the bill. Supreme Court, which finally determines the matter. The President of Italy may request a second deliberation of a bill passed by Parliament before it is promulgated. This is a very weak form of veto as the Parliament can override the veto by an ordinary majority. The same provision exists in France and Latvia. The President of Estonia may effectively veto a law adopted by Estonian parliament by refusing to proclaim it and demanding a new debate and decision.
The President of Latvia may suspend a bill for a period of two months, during which it may be referred to the people in a referendum if a certain number of signatures are gathered. This is potentially a much stronger form of veto, as it enables the President to appeal to the people against the wishes of the Parliament and Government. The President of Poland may submit a bill to the Constitutional Tribunal if he suspects that bill is unconstitutional or send it back to the Sejm for a second voting. The President of Portugal may refuse to sign a bill or refer it, or parts of it, to the Constitutional Court. The President of Ukraine may refuse to sign a bill and return it to Parliament with his proposals. If the parliament agrees on his proposals, the President must sign the bill.