Proclamation
Encyclopedia
A proclamation is an official declaration.
, a proclamation is a formal announcement ("royal proclamation"), made under the great seal
, of some matter which the King in Council
or Queen in Council
desires to make known to his or her subjects: e.g., the declaration of war
, or state of emergency
, the statement of neutrality
, the summoning or dissolution of Parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legislature has left to the discretion of the king in the announcement .
Royal proclamations of this character, made in furtherance of the executive power of the Crown
, are binding on the subject, "where they do not either contradict the old laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such matter as the sovereign shall judge necessary" (Blackstone's Commentaries, ed. Stephen, ii. 528; Stephen's Commentaries, 14th ed. 1903, ii. 506, 507; Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive powers of the Crown, either call upon the subjects to fulfil some duty which they are by law bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a misdemeanour) is an aggravation of the offence (see charge of Chief Justice Cockburn to the grand jury in R. v. Eyre (1867) and Case of Proclamations
1610, 12 Co. Rep. 74.re
The Crown has from time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life." But this enactment was repealed by an act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also Order in Council).
The Crown has power to legislate by proclamation for a newly conquered country (Jenkyns, British Rule and Jurisdiction beyond the Seas); and this power was freely exercised in the Transvaal Colony during the Second Boer War
. In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until they are proclaimed (e.g. the Foreign Enlistment Act 1870
); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator was empowered to legislate by proclamation.
In the old system of real property law in England, fines, levied with "proclamations", i.e., with successive public announcements of the transaction in open court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483-1484 and 1488–1489). These proclamations were originally made sixteen times, four times in the term in which the fine was levied, and four times in each of the three succeeding terms. Afterwards the number of proclamations was reduced to one in each of the four terms. The proclamations were endorsed on the back of the record. The system was abolished by the Fines and Recoveries Act 1833.
England and Wales
In English lawEnglish law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
, a proclamation is a formal announcement ("royal proclamation"), made under the great seal
Great Seal of the Realm
The Great Seal of the Realm or Great Seal of the United Kingdom is a seal that is used to symbolise the Sovereign's approval of important state documents...
, of some matter which the King in Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
or Queen in Council
Queen-in-Council
The Queen-in-Council is, in each of the Commonwealth realms, the technical term of constitutional law that refers to the exercise of executive authority, denoting the monarch acting by and with the advice and consent of his or her privy council or executive council The Queen-in-Council (during...
desires to make known to his or her subjects: e.g., the declaration of war
Declaration of war
A declaration of war is a formal act by which one nation goes to war against another. The declaration is a performative speech act by an authorized party of a national government in order to create a state of war between two or more states.The legality of who is competent to declare war varies...
, or state of emergency
State of emergency
A state of emergency is a governmental declaration that may suspend some normal functions of the executive, legislative and judicial powers, alert citizens to change their normal behaviours, or order government agencies to implement emergency preparedness plans. It can also be used as a rationale...
, the statement of neutrality
Neutral country
A neutral power in a particular war is a sovereign state which declares itself to be neutral towards the belligerents. A non-belligerent state does not need to be neutral. The rights and duties of a neutral power are defined in Sections 5 and 13 of the Hague Convention of 1907...
, the summoning or dissolution of Parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legislature has left to the discretion of the king in the announcement .
Royal proclamations of this character, made in furtherance of the executive power of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
, are binding on the subject, "where they do not either contradict the old laws or tend to establish new ones, but only confine the execution of such laws as are already in being in such matter as the sovereign shall judge necessary" (Blackstone's Commentaries, ed. Stephen, ii. 528; Stephen's Commentaries, 14th ed. 1903, ii. 506, 507; Dicey, Law of the Constitution, 6th ed., 51). Royal proclamations, which, although not made in pursuance of the executive powers of the Crown, either call upon the subjects to fulfil some duty which they are by law bound to perform, or to abstain from any acts or conduct already prohibited by law, are lawful and right, and disobedience to them (while not of itself a misdemeanour) is an aggravation of the offence (see charge of Chief Justice Cockburn to the grand jury in R. v. Eyre (1867) and Case of Proclamations
Case of Proclamations
The Case of Proclamations [1610] was a court decision during the reign of King James I which defined some limitations on the Royal Prerogative at that time. Principally, it established that the Monarch could make laws only through parliament...
1610, 12 Co. Rep. 74.re
The Crown has from time to time legislated by proclamation; and the Statute of Proclamations 1539 provided that proclamations made by the king with the assent of the council should have the force of statute law if they were not prejudicial to "any person's inheritance, offices, liberties, goods, chattels or life." But this enactment was repealed by an act of 1547; and it is certain that a proclamation purporting to be made in the exercise of legislative power by which the sovereign imposes a duty to which the subject is not by law liable, or prohibits under penalties what is not an offence at law, or adds fresh penalties to any offence, is of no effect unless itself issued in virtue of statutory authority (see also Order in Council).
The Crown has power to legislate by proclamation for a newly conquered country (Jenkyns, British Rule and Jurisdiction beyond the Seas); and this power was freely exercised in the Transvaal Colony during the Second Boer War
Second Boer War
The Second Boer War was fought from 11 October 1899 until 31 May 1902 between the British Empire and the Afrikaans-speaking Dutch settlers of two independent Boer republics, the South African Republic and the Orange Free State...
. In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial acts do not take effect in a colony until they are proclaimed (e.g. the Foreign Enlistment Act 1870
Foreign Enlistment Act 1870
The Foreign Enlistment Act 1870 is an Act of Parliament of the Parliament of the United Kingdom that seeks to regulate mercenary activities of British citizens.It received the royal assent on 9 August 1870.-Background:...
); and proclamations are constantly issued in furtherance of executive acts. In many British protectorates the high commissioner or administrator was empowered to legislate by proclamation.
In the old system of real property law in England, fines, levied with "proclamations", i.e., with successive public announcements of the transaction in open court, barred the rights of strangers, as well as parties, in case they had not made claim to the property conveyed within five years thereafter (acts 1483-1484 and 1488–1489). These proclamations were originally made sixteen times, four times in the term in which the fine was levied, and four times in each of the three succeeding terms. Afterwards the number of proclamations was reduced to one in each of the four terms. The proclamations were endorsed on the back of the record. The system was abolished by the Fines and Recoveries Act 1833.
See also
- Proclamation DayProclamation DayProclamation Day is the name of a number of official or unofficial holidays or other anniversaries which commemorate or mark an important proclamation. In some cases it may be the day of, or the anniversary of, the proclamation of a monarch's accession to the throne...
- Proclamation For the Encouragement of Piety and VirtueProclamation For the Encouragement of Piety and VirtueKing George III's Royal Proclamation For the Encouragement of Piety and Virtue, and for the Preventing and Punishing of Vice, Profaneness and Immorality exhorted the British public against sexually explicit material...
- Proclamation of the Irish Republic
- UkaseUkaseA ukase , in Imperial Russia, was a proclamation of the tsar, government, or a religious leader that had the force of law...
- EdictEdictAn edict is an announcement of a law, often associated with monarchism. The Pope and various micronational leaders are currently the only persons who still issue edicts.-Notable edicts:...
- DecreeDecreeA decree is a rule of law issued by a head of state , according to certain procedures . It has the force of law...
- Presidential ProclamationPresidential ProclamationA Presidential Proclamation is a statement issued by a President on a matter of public policy. They are generally defined as, "The act of causing some state matters to be published or made generally known...