List of enacting formulae

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An enacting formula, or enacting clause, is a short phrase that introduces the main provisions of a law enacted by some legislatures. It usually declares the source from which the law claims to derive its authority. In other countries an enacting formula is not considered necessary and is simply omitted.

The simplest enacting formulae merely cite the legislature by which the law has been adopted, for example the formula used in Australia since 1990 is "The Parliament of Australia enacts". Alternatively an enacting formula may refer to the individual components of the legislature. The Parliament of the United Kingdom formally consists of three tiers, the monarch, the House of Commons and the House of Lords, and these are referred to individually in the British enacting formula, which reads

BE IT ENACTED by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows

In contrast to the practice in the United Kingdom, the enacting formula of the United States Congress refers only to the two houses of the legislature and does not mention the head of state. This is because the President of the United States, despite his extensive legislative role (in contrast to the head of state under a parliamentary system), is not considered to be a tier of Congress. The formula reads "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled".

While most enacting formulae invoke the legislature as the source of the law's authority some, in accordance with the principle of popular sovereignty, cite the 'people' instead. For example in California the enacting formula is "The People of the State of California do enact as follows".

Contents

[edit] National legislatures

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  • Parliament of Australia: "The Parliament of Australia enacts:"
    • Prior to October 1990: "BE IT ENACTED by the Queen [King], and the Senate and the House of Representatives of the Commonwealth of Australia, as follows:"
    • 1901–?: "BE IT ENACTED by the King's [Queen's] Most Excellent Majesty, the Senate and the House of Representatives of the Commonwealth of Australia, as follows:"
  • Parliament of Belize: "BE IT ENACTED, by and with the advice and consent of the House of Representatives and the Senate of Belize and by the authority of the same, as follows:-"
  • Parliament of Bermuda: "Be it enacted by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and the House of Assembly of Bermuda, and by the authority of the same, as follows:"
  • National Congress of Brazil: "THE PRESIDENT OF THE REPUBLIC: I make known that the National Congress has decreed, and that I assent to the following Law:" (Portuguese: "O PRESIDENTE DA REPÚBLICA: Faço saber que o Congresso Nacional decreta e eu sanciono a seguinte Lei:"). When the president vetoes a bill, and the veto is overridden, the formula differs.
  • Parliament of Canada: "Her Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:" (French: "Sa Majesté, sur l'avis et avec le consentement du Sénat et de la Chambre des communes du Canada, édicte:")
  • Parliament of France: "The National Assembly and the Senate have adopted, the President of the Republic promulgates the law which follows:" (French: "L'Assemblée nationale et le Sénat ont adopté, Le Président de la République promulgue la loi dont la teneur suit:")
  • Bundestag of Germany:
    • For acts which do not need the consent of the Bundesrat: "The Bundestag has adopted the following act. The constitutional rights of the Bundesrat have been observed" (German: "Der Bundestag hat folgendes Gesetz beschlossen. Die verfassungsmäßigen Rechte des Bundestages sind gewahrt").
    • For acts which need the consent of the Bundesrat: "The Bundestag has, with consent of the Bundesrat, adopted the following act ("Der Bundestag hat mit Zustimmung des Bundesrates folgendes Gesetz beschlossen").
  • Parliament of Grenada: "Be it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Grenada, and by the authority of the same, as follows:—"
  • Parliament of India: "BE it enacted by Parliament in the [number of years since 1950] Year of the Republic of India as follows:—"
Since 1937: "Be it enacted by the Oireachtas as follows:—" (Irish: "Achtaitear ag an Oireachtas mar a leanas:—")
1922-1937: "Be it enacted by the Oireachtas of Saorstát Éireann as follows:—" (Irish: "Achtuigheadh Oireachtas Shaorstáit Éireann mar leanas:—")
  • For an act with a preamble:
Since 1937: "Be it therefore enacted by the Oireachtas as follows:—" (Irish: "Achtuigheadh an tOireachtas ar an ábhar san mar leanas:—")
1922-1937: "Be it therefore enacted by the Oireachtas of Saorstát Éireann as follows:—" (Irish: Achtuigheadh Oireachtas Shaorstáit Éireann ar an ábhar san mar leanas:—")
  • Parliament of Jamaica: "BE IT ENACTED by The Queen's Most Excellent Majesty, by and with the advice and consent of the Senate and House of Representatives of Jamaica, and by the authority of the same, as follows:-"
  • Parliament of Malaysia: "BE IT ENACTED by the Seri Paduka Baginda Yang di-Pertuan Agong with the advice and consent of the Dewan Negara and Dewan Rakyat in Parliament assembled, and by the authority of the same, as follows:–" (Malay: "MAKA INILAH DIPERBUAT UNDANG-UNDANG oleh Duli Yang Maha Mulia Seri Paduka Baginda Yang di-Pertuan Agong dengan nasihat dan persetujuan Dewan Negara dan Dewan Rakyat yang bersidang dalam Parlimen, dan dengan kuasa daripadanya, seperti berikut:–")
  • Parliament of Malta: "BE IT ENACTED by the President, by and with the advice and consent of the House of Representatives, in this present Parliament assembled, and by the authority of the same, as follows:"
  • Estates-General of the Netherlands: "We Beatrix [i.e., name of sovereign], by the Grace of God, Queen [King] of the Netherlands, Princess [Prince] of Orange-Nassau, etc., etc., etc. All, who shall see this or hear this being read: salute! Be it known:" (here follows a short recital of the purpose of the law), then "So we, the Council of State heard, in consultation with the Estates-General, have approved and understood as we approve and understand herewith:" (Dutch: "Wij Beatrix [i.e., name of sovereign], bij de gratie Gods, Koningin [Koning] der Nederlanden, Prinses [Prins] van Oranje-Nassau, enz. enz. enz. Allen, die deze zullen zien of horen lezen, saluut! doen te weten:...Zo is het, dat Wij, de Raad van State gehoord, en met gemeen overleg der Staten-Generaal, hebben goedgevonden en verstaan, gelijk Wij goedvinden en verstaan bij deze:")[2]
  • Parliament of New Zealand: "The Parliament of New Zealand enacts as follows:-"
    • 1986-1999: "BE IT ENACTED by the Parliament of New Zealand as follows:-"
    • Prior to 1986: "BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:-"
  • Congress of Peru: "The Congress of the Republic has given the following Law" (Spanish: "El Congreso de la Republica ha dado la Ley siguiente")
  • Parliament of Saint Kitts and Nevis: "BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the National Assembly of Saint Christopher and Nevis, and by the authority of the same as follows:-"
  • Parliament of Saint Lucia: "BE IT ENACTED by the Queen’s Most Excellent Majesty, by and with the advice and consent of the House of Assembly and the Senate of Saint Lucia, and by the authority of the same, as follows:"
  • Parliament of Saint Vincent and the Grenadines: "BE IT ENACTED by the Queen's Most Excellent Majesty by and with the advice and consent of the House of Assembly of Saint Vincent and the Grenadines, and by the authority of the same, as follows:-"
  • Parliament of South Africa: "BE IT ENACTED by the Parliament of the Republic of South Africa, as follows:—" (when preceded by a Preamble, "THEREFORE" is inserted as the formula's third word)
  • Cortes Generales of Spain:
    • For Constitutions: "Juan Carlos I [Name of the king/queen], King [Queen] of Spain, to all who should see and understand this act, know: That the Cortes Generales have approved and the people of Spain have ratified the following Constitution" (Spanish: "Juan Carlos I [Name of the king/queen], Rey [Reina] de España, a todos los que la presente vieren y entendieren, sabed: Que las Cortes Generales han aprobado y el pueblo español ratificado la siguiente Constitución").
    • For Organic acts: "Juan Carlos I [Name of the king/queen], King [Queen] of Spain, to all who should see and understand this act, know: That the Cortes Generales have approved and I come from enacting the following Organic act" (Spanish: "Juan Carlos I [Name of the king/queen], Rey [Reina] de España, a todos los que la presente vieren y entendieren, sabed: Que las Cortes Generales han aprobado y Yo vengo en sancionar la siguiente Ley Orgánica").
    • For standard acts: "Juan Carlos I [Name of the king/queen], King [Queen] of Spain, to all who should see and understand this act, know: That the Cortes Generales have approved and I come from enacting the following Act" (Spanish: "Juan Carlos I [Name of the king/queen], Rey [Reina] de España, a todos los que la presente vieren y entendieren, sabed: Que las Cortes Generales han aprobado y Yo vengo en sancionar la siguiente Ley").
  • National Assembly of Thailand:
    • Constitution: "May there be virtue. Today is the [e.g. eleventh] day of the [e.g. ninth] month of the year of the [e.g. pig] under the lunar calendar, being [e.g. Friday], the [e.g. twenty fourth] day of [e.g. August] under the solar calendar, in the [e.g. 2550th] Year of the Buddhist Era.
"Phra Bat Somdet Phra Poramin Maha Bhumibol Adulyadej Mahitalathibet Ramathibodi Chakkrinaruebodin Sayaminthrathirat Borommanatbophit [Name of the King in full title] is graciously pleased to proclaim that..............[e.g. the President of the National Legislative Assembly has made submission to the King that...]
"................................................................................................................................
".............[e.g. The President of the National Legislative Assembly] therefor submitted the draft charter to His Majesty to affix the royal signature to henceforth promulgate it as the Constitution of the Kingdom of Thailand. Having throughly considered by the King, the expedience to grant the royal permission in accordance with the public opinion.
"Be it, therefor, commanded by the King the enactment of this Constitution of the Kingdom of Thailand replaces the Constitution of the Kingdom of Thailand which enacted on [e.g. 1 October B.E. 2549 (2006)] as of the date of its publication, henceforth onwards.
"May the Thai People unite in observing, protecting and upholding this Constitution of the Kingdom of Thailand in order to maintain the democratic regime and the sovereignty of the Thai people, and bring about happiness, prosperity and dignity to His Majesty’s subjects throughout the Kingdom according to the will of His Majesty in every respect. [This last verse usually changes in every promulgation of Constitutions, but alway contains the same main matters]."
"Whereas it is expedient/amend/abrogate to have a law on............
"Be it, therefor, enacted by the King, by and with the advice and consent of the National Assembly, as follows:"
  • Parliament of the United Kingdom
    • Standard: "BE IT ENACTED by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-"
    • For money bills:"WE, Your Majesty's most dutiful and loyal subjects, the Commons of the United Kingdom in Parliament assembled, towards raising the necessary supplies to defray Your Majesty's public expenses, and making an addition to the public revenue, have freely and voluntarily resolved to give and grant unto Your Majesty the several duties hereinafter mentioned; and do therefore most humbly beseech Your Majesty that it may be enacted, and be it enacted by the Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:-"
    • Under the Parliament Acts: "BE IT ENACTED by The Queen's [King's] most Excellent Majesty, by and with the advice and consent of the Commons in this present Parliament assembled, in accordance with the provisions of the Parliament Acts 1911 and 1949, and by the authority of the same, as follows:-"
  • Congress of the United States: "Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,"
  • National Assembly of Venezuela: "The Congress of the Republic of Venezuela decrees: the following..." (Spanish: El Congreso de la República de Venezuela Decreta: la siguiente"


[edit] Former legislatures

[edit] Subnational legislatures

[edit] Australia

[edit] Canada

[edit] New Zealand

[edit] Provincial councils (abolished in 1876)

  • Canterbury Provincial Council: "Be it enacted by the Superintendent of the Province of Canterbury, by and with the advice and consent of the Provincial Council thereof, as follows:—"

[edit] United Kingdom

[edit] Devolved institutions

  • Northern Ireland Assembly: "BE IT ENACTED by being passed by the Northern Ireland Assembly and assented to by Her [His] Majesty as follows:"
  • Scottish Parliament: Acts of the Scottish Parliament do not begin with a conventional enacting formula. Instead they begin with a phrase that reads: "The Bill for this Act of the Scottish Parliament was passed by the Parliament on [Date] and received Royal Assent on [Date]"
  • National Assembly for Wales: "This Measure, passed by the National Assembly for Wales on [Date] and approved by Her Majesty in Council on [Date], enacts the following provisions:-" (Welsh: Mae'r Mesur hwn, a basiwyd gan Gynulliad Cenedlaethol Cymru ar [ ] ac a gymeradwywyd gan Ei Mawrhydi yn ei Chyngor ar [ ], yn deddfu'r darpariaethau a ganlyn:-)

[edit] Former legislatures
  • Parliament of Northern Ireland (1921-1972): "BE it enacted by the Queen's [King's] most Excellent Majesty, and the Senate and the House of Commons of Northern Ireland in this present Parliament assembled, and by the authority of the same, as follows:-"

[edit] Crown dependencies

  • Tynwald of the Isle of Man: "WE, your Majesty’s most dutiful and loyal subjects, the Council and Keys of the said Isle, do humbly beseech your Majesty that it may be enacted, and be it enacted, by the Queen’s Most Excellent Majesty, by and with the advice and consent of the Council and Keys in Tynwald assembled, and by the authority of the same, as follows (that is to say):—"
  • States of Jersey: "THE STATES, subject to the sanction of Her Most Excellent Majesty in Council, have adopted the following Law-" (French: "LES ETATS, moyennant la sanction de Sa Très Excellente Majesté en Conseil, ont adopté la Loi suivante -")
  • States of Guernsey: "THE STATES, in pursuance of their Resolution of DATE, have approved the following provisions which, subject to the Sanction of Her Most Excellent Majesty in Council, shall have force of law in the Bailiwick of Guernsey.

[edit] Overseas territories

This list is incomplete; you can help by expanding it.

[edit] United States

This list is incomplete; you can help by expanding it.

[edit] Territorial legislatures

[edit] References