Understanding the Role of Royal Ascent in the Governance of UK Dependencies
The role of the Queen in the legislative process has been a topic of interest, especially when it comes to the various legislative bodies in the United Kingdom, such as the National Assembly for Wales, the legislatures of British Crown dependencies, and the Scottish Parliament. This article will explore the concept of Royal Ascent and its current implementation in these jurisdictions.
What is Royal Ascent?
Royal Ascent, also known as Royal Assent, is the final step in the process of making a bill into a law. A law cannot be considered valid and effective until it has received this formal approval. The Queen's role in this process has evolved over time and is now largely ceremonial, reflecting a shift towards a more parliamentary-centric legislative process.
Role of the Queen in Royal Ascent
Traditionally, the Queen would have to sign the bill to demonstrate her agreement with the legislative process. However, in practice, this has become a mere formality, a tradition that is now almost entirely ceremonial. The actual process of giving Royal Ascent is typically handled by the Privy Council. This is exemplified in the extracts from the minutes of the Privy Council meeting held on 28th April 2021, where various orders were approved for Jersey, Guernsey, and Sark.
Cases in Point
Jersey: Finance 2021 Budget
The order approving the Finance 2021 Budget, designated as Jersey Law 2021, is a prime example of the current practice. Although the Queen's formal signature is not required, the decision is made by a representative of the Queen, specifically the Privy Council. This ensures that the budget is legally binding and can be enacted without further ado.
Guernsey: Orders for Damages Assumed Rate of Return and Parole Review Committee
The two Orders that approved the Damages Assumed Rate of Return and Related Matters Enabling Provisions Guernsey and Alderney Law 2020, as well as the Parole Review Committee Validation Guernsey Law 2020, also highlight this process. Again, these are approvals by the Privy Council, making the legal process unambiguous and providing clear guidance for governance in Guernsey.
Sark: Reform Sark Amendment Law 2020
The Order approving the Reform Sark Amendment Law 2020 further substantiates the role of the Privy Council. This procedure ensures that all necessary legal changes are made without delay, maintaining the legal integrity of Sark's governance framework.
Modern Implications
Despite the diminishing practical role of the Queen in the process of Royal Ascent, the symbolic importance of this tradition continues. It serves as a clear link between the monarchy and the legislative process, affirming the Queen's role as a constitutional monarch. Moreover, the implementation of this process ensures that no single legislative body can bypass the need for Royal Ascent, maintaining the balance of power within the UK's governance structure.
The current system, where Royal Ascent is given by the Privy Council, reflects a pragmatic approach to governance. It balances the traditional role of the Queen with the modern, efficient workings of legislative bodies across the UK and its dependencies. The ceremonial nature of Royal Ascent serves as a reminder of the historical and constitutional significance of this practice, while its current function remains crucial for the legal system.
Conclusion
The process of Royal Ascent, particularly in the context of the Modern UK, has significantly evolved. While the Queen's role is now largely ceremonial, the process remains essential for legal clarity and continuity. Understanding the role of Royal Ascent, as exemplified in the various cases of Jersey, Guernsey, and Sark, provides a deeper insight into the governance structure of the United Kingdom and its dependencies.
By examining the historical and contemporary relevance of Royal Ascent, this article aims to provide a comprehensive overview of the current state of this practice and its importance in the legislative process. Whether it involves the National Assembly for Wales, the Scottish Parliament, or the legislatures of British Crown dependencies, Royal Ascent remains a crucial and symbolic element of UK governance.