Ponsonby Rule
Encyclopedia
The Ponsonby Rule was a constitutional convention
in the United Kingdom
constitutional law
that dictated that most international treaties
had to be laid before parliament
21 days before ratification
.
On 11 November 2010 Part 2 of the Constitutional Reform and Governance Act 2010
was brought into force by a commencement order. Part 2 of the Act deals with the ratification of treaties and puts Parliamentary scrutiny of treaties on a statutory footing, effectively replacing the Ponsonby Rule.
On 1 April 1924, during the Second Reading Debate on the Treaty of Peace (Turkey)
Bill, Mr Arthur Ponsonby
(Parliamentary Under-Secretary of State for Foreign Affairs in Ramsay MacDonald
's first Labour
Government) made the following statement:
At the same time he stated that:
The Ponsonby Rule was withdrawn during the subsequent Baldwin
Government, but was reinstated in 1929 and gradually hardened into a practice observed by all successive Governments.
varies from country to country. In most countries, the constitution requires most treaties to be approved by legislature before they can formally enter into force and bind the country in question. This is particularly the case in states where international treaties become part of domestic law directly, without the need for special implementation as required in the case of the United Kingdom.
In countries with a strong separation of powers
, this may lead to treaties being signed by the executive, but not coming into force because of legislative opposition.
In the United States
, president
must submit treaties to the Senate
for its advice and consent to ratification, which requires a two-thirds supermajority. A famous example of a treaty not receiving consent is the Treaty of Versailles
, which ended World War I
, because of opposition to the League of Nations
.
In Australia
, the opposite situation exists although the practical effect does not greatly differ. The Executive (that is, the Australian Federal Government) may enter into a binding treaty without the involvement of parliament. The Department of Foreign Affairs and Trade
states "The power to enter into treaties is an executive power within Section 61 of the Australian Constitution and accordingly, is the formal responsibility of the Executive rather than the Parliament" and discusses the issues surrounding this fact, including the way treaties are handled in practice (which involves parliament). Implementation of treaties does require legislation by Federal parliament, following Section 51(xxix) of the Australian Constitution
. Treaties must be signed by the Governor-General of Australia
.
Constitutional convention (political custom)
A constitutional convention is an informal and uncodified procedural agreement that is followed by the institutions of a state. In some states, notably those Commonwealth of Nations states that follow the Westminster system and whose political systems derive from British constitutional law, most...
in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
that dictated that most international treaties
Treaty
A treaty is an express agreement under international law entered into by actors in international law, namely sovereign states and international organizations. A treaty may also be known as an agreement, protocol, covenant, convention or exchange of letters, among other terms...
had to be laid before parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
21 days before ratification
Ratification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
.
On 11 November 2010 Part 2 of the Constitutional Reform and Governance Act 2010
Constitutional Reform and Governance Act 2010
The Constitutional Reform and Governance Act 2010 is an Act of Parliament in the United Kingdom that substantially reformed the Royal Prerogative. It made two significant changes: it put the civil service on a statutory footing for the first time, and it made treaties subject to ratification by...
was brought into force by a commencement order. Part 2 of the Act deals with the ratification of treaties and puts Parliamentary scrutiny of treaties on a statutory footing, effectively replacing the Ponsonby Rule.
History
From the late 19th century it became the common practice to present the treaties of the United Kingdom to Parliament after they had come into force.On 1 April 1924, during the Second Reading Debate on the Treaty of Peace (Turkey)
Treaty of Lausanne
The Treaty of Lausanne was a peace treaty signed in Lausanne, Switzerland on 24 July 1923, that settled the Anatolian and East Thracian parts of the partitioning of the Ottoman Empire. The treaty of Lausanne was ratified by the Greek government on 11 February 1924, by the Turkish government on 31...
Bill, Mr Arthur Ponsonby
Arthur Ponsonby, 1st Baron Ponsonby of Shulbrede
Arthur Augustus William Harry Ponsonby, 1st Baron Ponsonby of Shulbrede was a British politician, writer, and social activist. He was the third son of Sir Henry Ponsonby, Private Secretary to Queen Victoria, and the great-grandson of Frederick Ponsonby, 3rd Earl of Bessborough...
(Parliamentary Under-Secretary of State for Foreign Affairs in Ramsay MacDonald
Ramsay MacDonald
James Ramsay MacDonald, PC, FRS was a British politician who was the first ever Labour Prime Minister, leading a minority government for two terms....
's first Labour
Labour Party (UK)
The Labour Party is a centre-left democratic socialist party in the United Kingdom. It surpassed the Liberal Party in general elections during the early 1920s, forming minority governments under Ramsay MacDonald in 1924 and 1929-1931. The party was in a wartime coalition from 1940 to 1945, after...
Government) made the following statement:
At the same time he stated that:
The Ponsonby Rule was withdrawn during the subsequent Baldwin
Stanley Baldwin
Stanley Baldwin, 1st Earl Baldwin of Bewdley, KG, PC was a British Conservative politician, who dominated the government in his country between the two world wars...
Government, but was reinstated in 1929 and gradually hardened into a practice observed by all successive Governments.
Other countries
The practice on legislative approval of treaties before ratificationRatification
Ratification is a principal's approval of an act of its agent where the agent lacked authority to legally bind the principal. The term applies to private contract law, international treaties, and constitutionals in federations such as the United States and Canada.- Private law :In contract law, the...
varies from country to country. In most countries, the constitution requires most treaties to be approved by legislature before they can formally enter into force and bind the country in question. This is particularly the case in states where international treaties become part of domestic law directly, without the need for special implementation as required in the case of the United Kingdom.
In countries with a strong separation of powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
, this may lead to treaties being signed by the executive, but not coming into force because of legislative opposition.
In the United States
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, president
President of the United States
The President of the United States of America is the head of state and head of government of the United States. The president leads the executive branch of the federal government and is the commander-in-chief of the United States Armed Forces....
must submit treaties to the Senate
United States Senate
The United States Senate is the upper house of the bicameral legislature of the United States, and together with the United States House of Representatives comprises the United States Congress. The composition and powers of the Senate are established in Article One of the U.S. Constitution. Each...
for its advice and consent to ratification, which requires a two-thirds supermajority. A famous example of a treaty not receiving consent is the Treaty of Versailles
Treaty of Versailles
The Treaty of Versailles was one of the peace treaties at the end of World War I. It ended the state of war between Germany and the Allied Powers. It was signed on 28 June 1919, exactly five years after the assassination of Archduke Franz Ferdinand. The other Central Powers on the German side of...
, which ended World War I
World War I
World War I , which was predominantly called the World War or the Great War from its occurrence until 1939, and the First World War or World War I thereafter, was a major war centred in Europe that began on 28 July 1914 and lasted until 11 November 1918...
, because of opposition to the League of Nations
League of Nations
The League of Nations was an intergovernmental organization founded as a result of the Paris Peace Conference that ended the First World War. It was the first permanent international organization whose principal mission was to maintain world peace...
.
In Australia
Australia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the opposite situation exists although the practical effect does not greatly differ. The Executive (that is, the Australian Federal Government) may enter into a binding treaty without the involvement of parliament. The Department of Foreign Affairs and Trade
Department of Foreign Affairs and Trade (Australia)
The Department of Foreign Affairs and Trade is a department of the government of Australia charged with advancing the interests of Australia and its citizens internationally...
states "The power to enter into treaties is an executive power within Section 61 of the Australian Constitution and accordingly, is the formal responsibility of the Executive rather than the Parliament" and discusses the issues surrounding this fact, including the way treaties are handled in practice (which involves parliament). Implementation of treaties does require legislation by Federal parliament, following Section 51(xxix) of the Australian Constitution
Section 51(xxix) of the Australian Constitution
Section 51 of the Australian Constitution is a subsection of Section 51 of the Australian Constitution that gives the Commonwealth Parliament of Australia the right to legislate with respect to "external affairs"....
. Treaties must be signed by the Governor-General of Australia
Governor-General of Australia
The Governor-General of the Commonwealth of Australia is the representative in Australia at federal/national level of the Australian monarch . He or she exercises the supreme executive power of the Commonwealth...
.