Dimension: 1.6.5 Enactment

This dimension concerns the provisions by which a proposal for a law that has gone through all stages of the legislative process and been approved by parliament finally becomes law. In most countries, proposals for laws adopted by parliament require the consent of, or signature by, the Head of State in order enter into force – a process known as “promulgation”.

In some jurisdictions, the constitution gives the Head of State the power to refuse to give assent to, or to veto, a law approved by parliament. Where a Head of State can veto legislation, parliament usually has the power to override this veto. Different jurisdictions provide different grounds for applying veto powers, as well as different levels of complexity for overriding them.

The nature of the power to refuse to give assent to, or to veto, a piece of legislation also varies. In some cases, assent by the Head of State is a formality, whereas in others, the Head of State has the authority to prevent legislation from being enacted, and even to propose specific amendments to a proposal for a law.

Overriding a veto normally requires a supermajority vote in parliament. The relevant procedure is typically prescribed in the constitution. In systems where the Head of State has the authority to propose specific amendments to the law, as a rule, parliament is allowed to approve the proposal for a law by ordinary majority if the proposed amendments are fully adopted.

Constitutions usually provide for a special procedure and timeline for the promulgation of laws, which can include the number of days for submitting the adopted proposal for a law to the Head of State, the number of days for signing the proposal for a law or imposing a veto, and arrangements for proposing amendments to parliament. The detailed procedures for overriding a veto should also be outlined in the constitution and/or in other aspects of the legal framework.