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Posts Tagged ‘Parliaments’

Vetoes, Parliaments and Pardons: The Royal Prerogative

Elizabeth II is the Head of State of the United Kingdom and fifteen other member states of the Commonwealth of Nations. These countries are constitutional monarchies, meaning that they operate under an essentially democratic constitution, the Queen’s principal role being to represent the state. Very often, she is viewed as a symbolic and apolitical personage with no real power. But is this entirely true? Does the Queen really possess purely nominal authority, or can she in fact exercise her will in any public action? This is not an easy question to answer. I will attempt to do so by focusing mainly on one of her most important theoretical prerogatives: the right to grant or deny royal assent to laws passed by Parliament.

A difficulty in judging the extent of the authority presently held by the monarchy lies in the fact that the British constitution has not been codified into one single document and much of it remains unwritten. The extensive power that the monarch once indisputably possessed, including the right to administer justice, dissolve Parliament or pardon crimes, was largely a matter of common law and not statute. What laws were codified (the Bill of Rights of 1689 and the Act of Settlement of 1701 standing among the most important) served more to restrict the Monarch’s power than to entrench it. Thus, the residual powers still reserved to the Queen continue to be more a matter of constitutional convention than of written rules. Formally, no Act of the British Parliament becomes a proper law until it is given assent by the Queen. Yet in practice, Elizabeth II assents to all bills, irrespective of her opinion on them. The last time a British monarch rejected a law was in 1708, when Queen Anne vetoed the Scottish Militia Bill, and even then, she did so at the request of her ministers. Since then, the right of royal assent has fallen into disuse, leading some constitutional theorists to claim that a new convention obligating the monarch to assent to all bills has arisen. This view was famously stressed by Walter Bagehot in his 1867 volume “The English Constitution”:

“…the Queen has no such veto. She must sign her own death-warrant if the two Houses unanimously send it up to her. It is a fiction of the past to ascribe to her legislative power. She has long ceased to have any.”

In earlier generations, such a bold assertion of the monarch’s supposed lack of power would have been unpardonable. Even I see some flaws in this theory. For one thing, the only evidence on which it stands (besides Bagehot’s claim) is custom. Even if all the monarchs since Queen Anne have assented to all bills presented to them, there is no formal change in any official policy that would indicate that the practice will be followed for the next bill. Additionally, if the Queen decided to withhold assent to a bill, what legal mechanism could force her to do otherwise? It would seem to me that in such an event, the veto could only be effectively circumvented by some kind of revolutionary act – as a minimum, by the Government refusing to respect the veto, which would undoubtedly lead to a constitutional crisis.

The situation is more clear-cut in Canada, which, unlike the United Kingdom, has a constitution that is largely written. The Constitution Act, 1867 clearly delineates the powers of the Crown. According to Section 55 of the Act, when the Governor General (the Queen’s representative in Canada) is presented with a bill that has been passed by Parliament, he may declare that he assents to it in the Queen’s name, that he withholds his assent, or that he reserves the bill for the “signification of the Queen’s pleasure” (letting the Queen decide the matter; according to Section 57, she may do so within two years after the Governor General receives the bill). Furthermore, as per Section 56, the “Queen in Council” (the Queen acting on the advice of her Privy Council) may disallow a law assented to by the Governor General within two years after receiving a copy of the law. Therefore, the Queen, together with the Governor General, does have the formal authority to veto a law passed by the Canadian Parliament. Nevertheless, no Governor General has done this since Confederation in 1867, although some provincial Lieutenant Governors have vetoed provincial laws or reserved them to the pleasure of the Governor General (under the authority of Section 90 of the Constitution Act, 1867). This happened most recently in 1963 when Saskatchewan’s Lieutenant Governor Frank Bastedo reserved a bill.

On top of that, there are instances in recent Commonwealth history of other royal prerogatives being directly exercised by the Crown against a government’s wishes. Depending on the country, the crown may have extensive official powers, including the appointment of ministers, granting of pardons for eliminating criminal records, or calling an early election, and some of these have been exercised in person, especially during unclear political situations. A classic example is Governor General Byng’s 1926 refusal to call a very early election at the request of Canadian Liberal Prime Minister William Lyon Mackenzie King, who wished to remain in power despite the stronger footing of the Conservative party in Parliament. Byng refused to do so; King was incensed by this supposed infringement on democracy, but Byng stood his ground. Another famous example was the dismissal of Prime Minister Gough Whitlam by Australian Governor General John Kerr during the 1975 Australian constitutional crisis. Whitlam’s controversial government did not have control of both houses of Parliament and he petitioned Kerr to call a half-senate election. Instead, Kerr dismissed him and appointed Malcolm Fraser, the leader of the Opposition, in his place.

The fact that the royal prerogative is rarely exercised, if at all, by the Queen and her representatives, appears to be more the product of a conventional good will on their part than an actual legal requirement. I hope Bagehot would pardon me if I surmised that he overdid it when he claimed that the Queen “must sign her own death-warrant”; what he was speaking about was more a matter of everyday practice as he saw it than a real summary of the standing law. After all, the monarchy seeks to stay popular and in today’s age of democracy, its very existence depends on public approval.

Ned Lecic writes for a pardons agency in Toronto. He also enjoys writing in his spare time, including on legal topics.

Article Source:
http://EzineArticles.com/?expert=Ned_Lecic

Ke$ ha - Your Love Is My Drug + Lyrics

-READ WHOLE DESC. FIRST.* Yeshh, I know. I haven’t uploaded a REAL LYRICS video in the longest. Pardon me, sorry d: I finished this video like last weekend but WMM was acting retarded due to the images I used so I took em all off today and did em all again and took screenshots of em and WAAH LA. Here’s the video. Clever, huh? It may not me as great as how it was before I took all the cool moving sparkling images, but I tried my best to make it work, so here it is. Sorry if it’s to crappy for you. Oh and it was requested by x3dinorawrrx . Sorry megan for uploading it so lateee D: Lovee yah guys. Gotta love Ke$ ha. By the by, it’s pronounced KEHH SHAH. Not key shah. That’s how I thought back in September lol. But we all make mistakes. Byee loves x3 PROGRAM USED// Windows Movie Maker BACKGROUNDS USED// I made some, screenshoted, Google. *if you ask what font this is, i’m gunna go to bollywood island, throw myself in the water, swim 14 miles, stop, go back to the island, find my computer, smash it with a hammer, and throw it in the water. [i used a crapload of fonts, kay? i’m not gunna list ’em all. if you want fonts, go to www.dafont.com . PLZNTHX.] -sorry if i sounded mean, haha. i don’t mean to o: ask me stuff on my formspring! www.formspring.me
Video Rating: 4 / 5

Question by mark_hensley@sbcglobal.net: In advance I ask you to pardon the dumb question. What is the proper way to use a manual clutch?
We often think that we know, but in order to have a clutch last for many, many miles what is the best practice? Please inform.

Best answer:

Answer by alvarz
when you are driving down the rod do not let your foot rest on the clutch pedal. keep it on the floor

Know better? Leave your own answer in the comments!
Pardon My F*?#$ ! French
Pardon My F*?#$ ! French. Shane Green July 25, 2012. zx. Are bad language, swearing, cussing, profanity, impiety and blasphemy part of being Australian? IN HINDSIGHT, Craig Symes realised he shouldn't have gone to work that early summer day in 2011.
Read more on Sydney Morning Herald

Pardon My Dust

Pardon My Dust

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This is a parody of the song All I Do is Win! You can download it for free here! tindeck.com Thanks to everyone who helped me film: Alefnull SatoriLove djrodw Imperialistic diegogriff Mhykol If I missed someone let me know!! All I do is dig dig dig No matter what Got diamonds on my mind I cant never get enough And everytime I step into the mine shaft everybody’s picks go up and they stay there and they stay there up down, up down, up down All I do is dig, dig, dig So if you going in put your picks in the air make em stay there Yo it’s HOJ mining deep on the verse Cause I’ve never been a griefer and I won’t start now Keep your picks up, moon is in the sky, and we gotta lotta mining so we won’t stop now I never went nowhere They sayin Hoj is back Time is like a creeper It gave a sneak attack Now I got this brand new track, so I’ll spit this brand new flow My pick goes up and down, I got a while to go For diamonds I am searching, all night long we working Homies playing creeper defense, I just wish we were up on the surface Dont ever count us out Ya’ll better count us in Got 20 diamond stacks, That’s just where it begins Find diamonds everyday, and ride off on my pig Cause all I do, all I, all I, all I All I do is… CHORUS Diggin in my mine shaft Head on a swivel Looking for those mobs in sneak mode Dog comes when I whistle as I ride out on my saddled pig Man i’m just a passenger, can’t steer it, I got dirt to dig Tell this pig to back it up, My miner’s call me Loco It’s
Video Rating: 4 / 5

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