Promulgation is the formal proclamation or the declaration that a newstatutory oradministrative law is enacted after its finalapproval.[1] In somejurisdictions, this additional step is necessary before the law can take effect.
After a new law is approved, it is announced to the public through the publication ofgovernment gazettes and/or on official government bulletins. National laws of extraordinary importance to the public may be announced by thehead of state orhead of government on a national broadcast. Local laws are usually announced in localnewspapers and published in bulletins orcompendia of municipal regulations.[citation needed]
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Bills are enacted by thePresident of Armenia and published in theOfficial Gazette of Armenia.
Statutes are promulgated by theKing of the Belgians[2] and published in theBelgian Official Journal. Decrees and Ordinances are promulgated by the different Regional and Community governments and published in the Belgian Official Journal.
Canadian federal Acts of Parliament, orders in council, proclamations, public notices, official appointments and proposed regulations from theGovernment of Canada are promulgated in theCanada Gazette (French:Gazette du Canada).[3] TheCanada Gazette consists of three parts that are published separately. Part 1 promulgates public notices, official appointments and proposed regulations; Part 2 promulgates regulations; and Part 3 promulgates Acts of Parliament.[4] Each province and territory has its own publication in which their laws, regulations, and other statutory instruments are promulgated.
| Province | Publication[5] |
|---|---|
| Alberta | The Alberta Gazette |
| British Columbia | TheBritish Columbia Gazette |
| Manitoba | The Manitoba Gazette / Gazette du Manitoba |
| New Brunswick | The Royal Gazette / Gazette royal |
| Newfoundland and Labrador | The Newfoundland and Labrador Gazette |
| Northwest Territories | Northwest Territories Gazette / Gazette des Territoires du Nord-Ouest |
| Nova Scotia | Royal Gazette |
| Nunavut | Nunavut Gazette / Gazette du Nunavut |
| Ontario | The Ontario Gazette / La Gazette de l'Ontario |
| Prince Edward Island | Royal Gazette |
| Quebec | Gazette officielle du Québec: |
| Saskatchewan | The Saskatchewan Gazette |
| Yukon | The Yukon Gazette / La Gazette du Yukon |
Acanonical law issued by thePope (or with his consent in the case of laws issued by anecumenical council orcongregation) is promulgated when it is published inActa Apostolicae Sedis, and by default has theforce of law three months after promulgation.[6] Laws issued by bishops andparticular councils are promulgated in various ways but by default take effect one month after promulgation.[7]
According tocanon 7 of the1983Code of Canon Law,Lex instituitur cum promulgatur ("A law is instituted when it is promulgated").[8] This is an ancient provision inLatin Church canon law, dating in its plural form to theLatin formulation of the great 12th century codifier of canon law,Gratian:Leges instituuntur cum promulgantur ("Laws are instituted when they are promulgated").[citation needed]
ThePresident of France promulgates law (he may ask Parliament to reconsider the law, but only once).
ThePresident of Germany has the duty to duly promulgate and issue laws, unless the President deems them "evidentlyunconstitutional". The question to what degree they must be convinced of the constitutional violation to deny promulgation is hotly debated.
Bills have to be signed and promulgated by theChief Executive, and be announced by the government in thegazette.
Legislative proposals adopted by theNational Assembly obtain theforce of law only after they are signed by thePresident of the Republic and published in theofficial gazetteMagyar Közlöny.
If at any time theIndian Parliament is not in session, thePresident of India on the recommendation of theUnion Cabinet maypromulgate an ordinance, which will have the same effect as anAct of Parliament. However, such ordinance will be presented before the parliament for final approval. They can only be issued whenParliament is not in session. They enable theIndian government to take immediate legislative action. Ordinances cease to operate either if Parliament does not approve of them within six weeks of reassembly, or if disapproving resolutions are passed by both Houses. It is also compulsory for a session of Parliament to be held within six months.[9][10][11]
All laws passed by theOireachtas are promulgated by a notice in theIris Oifigiúil published by thePresident of Ireland, as required by theConstitution of Ireland.[12]
By ancient custom an Act ofTynwald, the legislature of the island, did not come into force until it had been "promulgated" at an open-air sitting ofTynwald, usually held onTynwald Hill at St John's on St John's Day (24 June) but since the adoption of the Gregorian calendar in 1753[13] on 5 July (or on the following Monday if 5 July is a Saturday or Sunday[14]). Promulgation originally consisted of the reading of the Act in English andManx, but after 1865 the reading of the title of the Act and a summary of each section were sufficient.[15] This was reduced in 1895 to the titles and a memorandum of the object and purport of the Act,[16] and since 1988 only the short title and a summary of the long title have been read.[17] An emergency procedure enabling an Act tocome into force on royal assent being announced at an ordinary sitting ofTynwald, subject to its being promulgated within 12 months, was introduced in 1916;[18] since 1976 this has been the 'default' procedure,[19] and since 1988 an Act ceases to have effect unless promulgated within 18 months after royal assent is announced in Tynwald.[20]
ThePresident of the Republic promulgates law. The President remands a law to the Chambers of Parliament, with an explanation, and asks for reconsideration—but must promulgate the law if it is re-approved without modification.
TheEmperor of Japan promulgates laws passed by theDiet. The Emperor cannot refuse to promulgate a law.
Promulgation is performed by the President.
Article 34 of the constitution ofLuxembourg requires thegrand duke or duchess topromulgate a new law for it to take effect.
Bills have to approved by the Legislative Assembly, signed and promulgated by theChief Executive. They must be published in the Official GazetteBoletim Oficial.
When a bill is approved by theHouse of Representatives ofMalta, it is presented to thePresident of Malta for his assent. According to constitutional obligation he shall without delay signify that he assents and hence promulgate the said bill into a parliamentary act. The parliamentary act is then published in theMalta Government Gazette, and thuscomes into force[citation needed].
A law is approved by Congress, signed by the President, and published in theOfficial Diary of the Federation (Spanish:Diario Oficial de la Federación), or DOF. Each law in its Transitional Articles (Transitorios) states when the Law takes effect (entra en vigor) and, when applicable, what law it cancels and replaces. Regulations are prepared by the Executive branch in order to establish the administration of the Law. They are signed by the President and published in the DOF.
Laws have to be promulgated by thePresident of the Republic in theDziennik Ustaw journal. The President may refer to theConstitutional Tribunal; if he has not made reference, he may refer the bill to theSejm (veto) for further reconsideration. The bill shall then be promulgated.
The laws (statutes issued by theParliament) and the decree-laws (statutes issued by theGovernment) have to be promulgated by thePresident of Portugal to take effect. The promulgation is the act by which the President solemnly testifies the existence of a rule of law and intimates its observation. The President may however decide not to promulgate the bill and to veto it with a political or legal justification. After the promulgation, the statutes are published in theDiário da República (official journal), with the laws needing a Government referendum before.
Bills have to be promulgated by thePresident and afterwards published in the official gazette,Monitorul Oficial.
Article 91 of theSpanish Constitution establishes that bills, upon being passed by theCortes Generales, must be sanctioned (i.e., givenroyal assent) by theKing of Spain within two weeks of their passing. The King will then promulgate and immediately publish them in the official gazette, theBoletín Oficial del Estado.
Laws andsecondary legislation are promulgated by theGovernment of Sweden and are published in theSwedish Code of Statutes (Swedish:Svensk författningssamling).
Bills are promulgated by thePresident of the Republic and published in the official gazette,Resmi Gazete.
Acts of Parliament in theUnited Kingdom are promulgated when givenroyal assent by theKing. The sovereign may appear personally in theHouse of Lords or may appointLords Commissioners, who announce that royal assent has been granted at a ceremony held at thePalace of Westminster for this purpose. However, royal assent is usually granted less ceremonially byletters patent.
Acts of Congress are given the force of law, in one of the following ways: signed by thePresident of the United States; neither signed norvetoed by the President within ten days from reception (excluding Sundays) while the Congress is in session; or, when both theSenate and theHouse of Representatives vote, by atwo-thirds majority in each chamber, to override a presidential veto during its session.[21] InUnited States administrative law, a federal regulation may be said to be formally promulgated when it appears in theFederal Register and after the public-comment period concludes.
Amendments to theUnited States Constitution attain force of law "when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress".[22] When the requisite number of state ratifications has been reached (currently 38), it is the duty of theArchivist of the United States to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution.[23]
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The dictionary definition ofpromulgation at Wiktionary