■ Freedom from Veto
The strength of a legislature is also influenced by its degree of autonomy in its core discipline, the law making process. In most countries, the Head of State must sign or otherwise promulgate the law before it enters into force. However, the relevant question is not the mere involvement of the executive, but the substantive impact this involvement might have on the legislature’s powers. Various degrees of interference by a Head of State might hamper the legislative process. As long as the executive does not set a higher additional threshold for passage of the law, the legislature’s power remains intact.
Provisions
The Constitution of the Democratic Socialist Republic of Sri Lanka (1978, as Amended to 2001)Article 80 When Bill becomes law.(1) Subject to the provisions of paragraph (2) of this Article, a Bill passed by Parliament shall become law when the certificate of the Speaker is endorsed thereon.
Provisions
The Constitution of the Federal Democratic Republic of Ethiopia (1995)Article 57Adoption of LawsLaws deliberated upon and passed by the House shall be submitted to the Nation’s President for signature. The President shall sign a law submitted to him within fifteen days. If the President does not sign the law within fifteen days it shall take effect without his signature.
The Constitution of Ireland (1937, as Amended to 2002)Article 251. As soon as any Bill, other than a Bill expressed to be a Bill containing a proposal for the amendment of this Constitution, shall have been passed or deemed to have been passed by both Houses of the Oireachtas, the Taoiseach shall present it to the President for his signature and for promulgation by him as a law in accordance with the provisions of this Article.2.1 Save as otherwise provided by this Constitution, every Bill so presented to the President for his signature and for promulgation by him as a law shall be signed by the President not earlier than the fifth and not later than the seventh day after the date on which the Bill shall have been presented to him.
Provisions
The Constitution of Greece (1975, as Amended to 2002)Article 421. The President of the Republic shall promulgate and publish the statutes passed by the Parliament within one month of the vote. The President of the Republic may, within the time-limit provided for in the preceding sentence, send back a Bill passed by Parliament, stating his reasons for this return.2. A Bill sent back to Parliament by the President of the Republic shall be introduced to the Plenum and, if it is passed again by an absolute majority of the total number of members, following the procedure provided in article 76 paragraph 2, the President of the Republic is bound to promulgate and publish it within ten days of the second vote.
The Constitution of the Bolivaran Republic of Venezuela (1999)Article 214The President of the Republic will promulgate the law within the ten days following that in which he has received it. Within this period he can, with the agreement of the Council of Ministers, request the National Assembly, by means of a reasoned exposition, to modify any of the provisions of the law or raise the sanction to the entire law or to part of it.The National Assembly will decide on the issues posed by the President of the Republic, by absolute majority of the deputies present and will submit the law to him for promulgation.The President of the Republic must proceed to promulgate the law within the five days following its receipt, without being able to formulate new observations.The Constitution of Botswana (1966, as Amended 2002)Article 87 Mode of exercising legislative powers(1) Subject to the provisions of section 89(4) of this Constitution the power of Parliament to make laws shall be exercised by Bills passed by the National Assembly, after reference in the cases specified in section 88(2) of this Constitution to the House of Chiefs, and assented to by the President.(2) When a Bill is presented to the President for assent he shall either assent or withhold his assent.(3) Where the President withholds his assent to a Bill, the Bill shall be returned to the National Assembly.(4) If where the President withholds his assent to a Bill the Assembly resolves within six months of the Bill being returned to it that the Bill should again be presented for assent, the President shall assent to the Bill within 21 days of its being again presented to him, unless he sooner dissolves Parliament.(5) When a Bill that has been duly passed and presented for assent is assented to in accordance with the provisions of this Constitution it shall become law and the President shall thereupon cause it to be published in the Gazette as a law.(6) No law made by Parliament shall come into operation until it has been published in the Gazette, but Parliament may postpone the coming into operation of any such law and may make laws with retrospective effect.(7) All laws made by Parliament shall be styled “Acts” and the words of enactment shall be “enacted by the Parliament of Botswana”.The Constitution of the Republic of India (1950, as Amended to 2005)Article 111 Assent to BillsWhen a Bill has been passed by the Houses of Parliament, it shall be presented to the President, and the President shall declare either that he assents to the Bill, or that he withholds assent therefrom:Provided that the President may, as soon as possible after the presentation to him of a Bill for assent, return the Bill if it is not a Money Bill to the Houses with a message requesting that they will reconsider the Bill or any specified provisions thereof and, in particular, will consider the desirability of introducing any such amendments as he may recommend in his message, and when a Bill is so returned, the Houses shall reconsider the Bill accordingly, and if the Bill is passed again by the Houses with or without amendment and presented to the President for assent, the President shall not withhold assent therefrom.The Constitution of the Republic of Turkey (1982, as Amended to 2002)Article 89 The President of the Republic promulgates the laws adopted by the Grand National Assembly of Turkey within fifteen days.He, within the same period, refers to the Grand National Assembly of Turkey for further consideration, laws which he deems partially or in full or unsuitable for promulgation, together with a statement of his reasons. In the event of being deemed partially unsuitable by the President, the Grand National Assembly of Turkey may only deliberate those articles deemed to be unsuitable. Budget laws are not subjected to this provision.If the Grand National Assembly of Turkey adopts in its unchanged form the law referred back, the President of the Republic promulgates it; if the Assembly amends the law, which was referred back, the President of the Republic may again refer back the amended law to the Assembly.Provisions relating to Constitutional amendments are reserved.The Political Constitution of the Republic of Peru (1993, as Amended to 2005)Article 108A law approved according to a provision in the Constitution is sent to the President of the Republic for his promulgation within a period of 15 days. In case the President of the Republic does not promulgate a law, the President of Congress or its Standing Committee does so, as appropriate.If the President of the Republic has comments to make on the entire law or part of the law approved by Congress, he transmits these to the latter within the stated deadline of 15 days.Once Congress reconsiders the law, its President promulgates it as long as more than half of the legal number of members approve it.
Provisions
The Constitution of the Republic of Croatia (1990, as Amended to 2001)Article 88Laws are promulgated by the President of the Republic within eight days from the date when they were passed in the Croatian Sabor.If the President finds that the law which is to be promulgated is not in conformity with the Constitution, he may send it to the Constitutional Court for its opinion.The Constitution of the Republic of South Africa (1996, as Amended to 2007)Article 79 Assent to Bills(1) The President must either assent to and sign a Bill passed in terms of this Chapter or, if the President has reservations about the constitutionality of the Bill, refer it back to the National Assembly for reconsideration.....(4) If, after reconsideration, a Bill fully accommodates the President’s reservations, the President must assent to and sign the Bill; if not, the President must either—(a) assent to and sign the Bill; or(b) refer it to the Constitutional Court for a decision on its constitutionality.(5) If the Constitutional Court decides that the Bill is constitutional, the President must assent to and sign it......
Provisions
The Constitution of the Arab Republic of Egypt (1971, as Amended to 2007)Article 113If the President of the Republic vetoes a draft law adopted by the People’s Assembly, he shallrefer it back it to the Assembly within thirty days after the law had been transmitted to him bythe Assembly. If the draft law is not referred back within this period, it is considered law andshall be promulgated.If it is referred back to the Assembly within the aforementioned delay and approved onceagain by a majority of two- thirds of the members, it is considered law and shall bepromulgated.
The Constitution of the Republic of Poland (1997)Article 122(5) If the President of the Republic has not made reference to the Constitutional Tribunal in accordance with paragraph 3, he may refer the bill, with reasons given, to the Sejm for its reconsideration. If the said bill is repassed by the Sejm by a three-fifths majority vote in the presence of at least half of the legal number of Deputies, then, the President of the Republic shall sign it within 7 days and shall order its promulgation in the Official Gazette [Dziennik Ustaw] of the Republic of Poland. If the said bill has been repassed by the Sejm, the President of the Republic shall have no right to refer it to the Constitutional Tribunal in accordance with the procedure prescribed in paragraph 3.
The Constitution of Ghana (1992, as Amended to 1996)Article 106. MODE OF EXERCISING LEGISLATIVE POWER.(1) The power of Parliament to make laws shall be exercised by bills passed by Parliament and assented to by the President.(2) No bill, other than such a bill as is referred to in paragraph (a) of article 108 of this Constitution, shall be introduced in Parliament unless—(a) it is accompanied by an explanatory memorandum setting out in detail the policy and principles of the bill, the defects of the existing law, the remedies proposed to deal with those defects and the necessity for its introduction; and(b) it has been published in the Gazette at least fourteen days before the date of its introduction in Parliament.(3) A bill affecting the institution of chieftaincy shall not be introduced in Parliament without prior reference to the National House of Chiefs.(4) Whenever a bill is read the first time in Parliament, it shall be referred to the appropriate committee appointed under article 103 of this Constitution which shall examine the bill in detail and make all such inquiries in relation to it as the committee considers expedient or necessary.(5) Where a bill has been deliberated upon by the appropriate committee, it shall be reported to Parliament.(6) The report of the committee, together with the explanatory memorandum to the bill, shall form the basis for a full debate on the bill for its passage, with or without amendments, or its rejection, by Parliament.(7) Where a bill passed by Parliament is presented to the President for assent he shall signify, within seven days after the presentation, to the Speaker that he assents to the bill or that he refuses to assent to the bill, unless the bill has been referred by the President to the Council of State under article 90 of this Constitution.(8) Where the President refuses to assent to a bill, he shall, within fourteen days after the refusal—(a) state in a memorandum to the Speaker any specific provisions of the bill which in his opinion should be reconsidered by Parliament, including his recommendations for amendments if any; or(b) inform the Speaker that he has referred the bill to the Council of State for consideration and comment under article 90 of this Constitution.(9) Parliament shall reconsider a bill taking into account the comments made by the President or the Council of State, as the case may be, under clause (8) of this article.(10) Where a bill reconsidered under clause (9) of this article is passed by Parliament by a resolution supported by the votes of not less than two-thirds of all the members of Parliament, the President shall assent to it within thirty days after the passing of the resolution.(11) Without prejudice to the power of Parliament to postpone the operation of a law, a bill shall not become law until it has been duly passed and assented to in accordance with the provisions of this Constitution and shall not come into force unless it has been published in the Gazette.(12) The provisions of clauses (7) to (10) of this article shall not apply to a bill certified by the Speaker as a bill to which the provisions of article 108 of this Constitution apply; and accordingly, the President shall give his assent to any such bill when presented for assent.(13) Where it is determined by a committee of Parliament appointed for the purpose that a particular bill is of an urgent nature, the provisions of the preceding clauses of this article, other than clause (1) and paragraph (a) of clause (2) shall not apply, and accordingly, the President shall give his assent to the bill on its presentation for assent.(14) A bill introduced in Parliament by or on behalf of the President shall not be delayed for more than three months in any committee of Parliament.The Political Constitution of the Republic of Chile (1980, as Amended to 2005)Article 73If the President of the Republic disapproves of the bill, it shall be returned to the Chamber of origin with the appropriate observations within a period of thirty (30) days.In no case shall observations be admitted which do not have a direct relation with the central or fundamental ideas of the bill, unless they had been considered in the respective message.If the two Chambers approve the observations, the bill shall have the force of law and shall be returned to the President for its promulgation.If the two Chambers reject all or some of the observations, and persist with two-thirds (2/3) of their members present with the whole or part of the draft approved by them, it shall be returned to the President for its promulgation.The Constitution of the Oriental Republic of Uruguay (1966, as Amended to 1996)Article 138Whenever a bill shall have been returned by the Executive Power with total or partial objections or observations, the General Assembly shall be convoked and the matter shall be decided by a three-fifths vote of the members present of each of the Chambers, who may incorporate the observations or reject them, maintaining the adopted bill.The Constitution of the Syrian Arab Republic (1973, as Amended to 2000)Article 98 The President of the Republic promulgates the laws approved by the People’s Council, he may veto these laws through a decision, giving the reasons for this objection, within a month after their receipt by the President. If the Council again approves them by a two-thirds majority, the President of the Republic has to issue them.
Provisions
The Constitution of the Republic of Cyprus (1960, as Amended to 1996)Article 501. The President and the Vice-President of the Republic, separately or conjointly, shall have the right of final veto on any law or decision of the House of Representatives or any part thereof concerning—(a) foreign affairs, except the participation of the Republic in international organizations and pacts of alliance in which the Kingdom of Greece and the Republic of Turkey both participate.For the purposes of this sub-paragraph, “foreign affairs” includes—(i) the recognition of States, the establishment of diplomatic and consular relations with other countries and the interruption of such relations. The grant of acceptance to diplomatic representatives and of exequatur to consular representatives. The assignment of diplomatic representatives and of consular representatives already in the diplomatic service to posts abroad and the entrusting of functions abroad to special envoys already in the diplomatic service. The appointment and the assignment of persons who are not already in the diplomatic service to any posts abroad as diplomatic or consular representatives and the entrusting of functions abroad to persons who are not already in the diplomatic service as special envoys;(ii) the conclusion of international treaties, conventions and agreements;(iii) the declaration of war and the conclusion of peace;(iv) the protection abroad of the citizens of the Republic and of their interests;(v) the establishment, the status and the interests of aliens in the Republic;(vi) the acquisition of foreign nationality by citizens of the Republic and their acceptance of employment by, or their entering the service of, a foreign Government;(b) the following questions of defense—(i) composition and size of the armed forces and credits for them;(ii) nominations of cadres (διορισμοι στελεχων/kadrolara tayinler) and their promotions (χαι η προαγωγη αυτων/ve bunlardaki terfiler);(iii) importation of war materials and also explosives of all kinds;(iv) cession of bases and other facilities to allied countries;(c) the following questions of security―(i) nominations of cadres (διορισμοι στελεχων/kadrolara tayinler) and their promotions (χαι η προαγωγη αυτων/ve bunlardaki terfiler);(ii) distribution and stationing of forces;(iii) emergency measures and martial law;(iv) police laws.It is specified that the right of veto under sub-paragraph (c) above shall cover all emergency measures or decisions, but not those which concern the normal functioning of the police and the gendarmerie.2. The above right of veto may be exercised either against the whole of a law or decision or against any part thereof, and in the latter case such law or decision shall be returned to the House of Representatives for a decision whether the remaining part thereof will be submitted, under the relevant provisions of this Constitution, for promulgation.3. The right of veto under this Article shall be exercised within the period for the promulgation of laws or decisions of the House of Representatives as in Article 52 provided.
