Coming into force

From Wikipedia, the free encyclopedia

Coming into force refers to the date and process by which legislation, or part of legislation, comes to have legal force and effect.

It is important to note that the process whereby a Bill becomes an Act is an entirely different process from that of bringing the Act into force. A Bill, even although pass by law makers, which does not amount to an Act cannot be of any force and effect.

Of course it may be that a country's law determines that on being passed by the law makers, a Bill becomes an Act without further ado. However, more usually, the process whereby a Bill becomes an Act is well prescribed in general constitutional or administrative legislation. This process varies from country to country, and from political system to political system

Typically, the process by which a Bill becomes an Act would include that the Bill be signed by the head of state, and that it be published in the Government Gazette so that people know the law exists.

Generally:

• In parliamentary systems, an Act typically comes into force when it receives Royal Assent by the head of state, such as a Governor General or monarch.
• In presidential systems, an Act may variously come into force either when signed by the President, or when signed and published, or on a date or dates determined by the head of state or a specified functionary in terms of the Act
• When it receives the requisite majority of votes or ratifications, such as an amendment to the United States Constitution.

See also: rule of law