Promulgation

Look up promulgation in Wiktionary, the free dictionary.

Promulgation is the formal proclamation or declaration that a new statutory or administrative law is enacted after its final approval.^[1] In some jurisdictions, this additional step is necessary before the law can take effect.

After a new law is approved, it is announced to the public through the publication of government gazettes and/or on official government websites. National laws of extraordinary importance to the public may be announced by the head of state on national broadcast. Local laws are usually announced in local newspapers and published in bulletins or compendia of municipal regulations.

Jurisdiction-specific details

Armenia

Bills are enacted by the President of Armenia and published in the Official Gazette of the Republic of Armenia.

Belgium

Statutes are promulgated by the King of the Belgians^[2] and published in the Belgian Official Journal. Decrees and Ordinances are promulgated by the different Regional and Community governments and published in the Belgian Official Journal.

Canon law (Catholic Church)

Part of a series on the
Jurisprudence of Catholic canon law
Current law 1983 Code of Canon Law Omnium in mentem Code of Canons of the Eastern Churches Ad tuendam fidem Ex Corde Ecclesiae Indulgentiarum Doctrina Pastor Bonus Pontificalis Domus Universi Dominici gregis Custom
Legal history 1917 Code of Canon Law Corpus Juris Canonici Decretist Regulæ Juris Decretals of Gregory IX Decretalist Decretum Gratiani Extravagantes Liber Septimus Ancient Church Orders Didache The Apostolic Constitutions Canons of the Apostles Collections of ancient canons Collectiones canonum Dionysianae Collectio canonum quadripartita Collectio canonum Quesnelliana Collectio canonum Wigorniensis Other Pseudo-Isidorian Decretals Benedictus Deus (Pius IV) Contractum trinius Defect of Birth
Oriental law Code of Canons of the Eastern Churches Eastern Canonical Reforms of Pius XII Nomocanon Archeparchy Eparchy
Liturgical law Ecclesia Dei Mysterii Paschalis Sacrosanctum Concilium Musicam Sacram Summorum Pontificum Tra le sollecitudini
Sacramental law Canon 844 Ex opere operato Omnium in mentem Valid but illicit Holy Orders Impediment (canon law) Abstemius Clerical celibacy (Catholic Church) Nullity of Sacred Ordination Dimissorial letters Approbation Confession Apostolic Penitentiary Complicit absolution Canon penitentiary Internal forum Paenitentiale Theodori Penitential canons Seal of the Confessional Eucharist Eucharistic discipline Canon 915
Matrimonial law Affinity Banns of Marriage Declaration of Nullity Matrimonial Nullity Trial Reforms of Pope Francis Defender of the Bond Impediments to Marriage Impediment of crime Disparity of Cult Ligamen Matrimonial Dispensation ratum sed non consummatum Natural Marriage Pauline privilege Petrine privilege
Trials and tribunals Tribunals Supreme Tribunal of the Apostolic Signatura Tribunal of the Roman Rota Apostolic Penitentiary Tribunal Officers Judicial Vicar/Officialis Auditor Advocatus Diaboli Defender of the Bond Tribunal Procedure Appeal as from an abuse Presumption
Canonical structures Particular churches Particular churches sui juris Latin Church Eastern Catholic Churches Local particular churches Abbacy nullius Abbot nullius Apostolic vicariate Apostolic vicar Apostolic administration Apostolic administrator Archdiocese Diocese Cathedraticum Archeparchy Eparchy Deanery Vicar forane Military ordinariate Mission sui juris Personal ordinariate Anglicanorum Coetibus Personal Prelature Juridic persons Parish Roman Curia Dicastery Congregation Pontifical council
Jurisprudence Canonical coronation Canonically crowned images Computation of time Custom Delegata potestas non potest delegari Derogation Dispensation Taxa Innocentiana Indult Impediment Interpretation Pontifical Council for Legislative Texts Jurisdiction Peritus Obreption & subreption Obrogation Promulgation Resignation of the Roman Pontiff Sede vacante Vacatio legis Valid but illicit
Philosophy, theology, and fundamental theory Theology Ecclesiology Treatise on Law Determinatio
Law of persons Canonical age Canonical faculties Clerics and public office Clerical celebacy Consecrated life Defect of Birth Emancipation Juridic & physical persons Jus patronatus Laicization (dispensation)
Canonical documents Notary (canon law) Protonotary apostolic Apostolic constitution Canon Concordat Decree Decretal Encyclical Motu proprio Ordinance Papal brief Papal bull Penitential Positive law Rescript
Penal law Canon 1324 Canon 1398 Excommunication Interdict Internal forum Laicization (penal) Latae Sententiae censure
Catholicism portal

A canonical law issued by the Pope (or with his consent in the case of laws issued by an ecumenical council or congregation) is promulgated when it is published in Acta Apostolicae Sedis, and by default has the force of law three months after promulgation.^[3] Laws issued by bishops and particular councils are promulgated in various ways but by default take effect one month after promulgation.^[4]

According to Canon 7 of the 1983 Code of Canon Law, Lex instituitur cum promulgatur ("A law is instituted when it is promulgated").^[5] This is an ancient provision in Latin-rite canon law, dating in its plural form to the Latin formulation of the great twelfth-century codifier of canon law, Gratian: Leges instituuntur cum promulgantur ("Laws are instituted when they are promulgated").

France

The President of France promulgates law (he may ask Parliament to reconsider the law, but only once).

Germany

The President of Germany has the duty to duly promulgate and issue laws, unless the President deems them "evidently unconstitutional". The question to what degree they must be convinced of the constitutional violation to deny promulgation is hotly debated.

Hong Kong

Bills have to be signed and promulgated by the Chief Executive, and be announced by the government in the gazette.

Hungary

Laws have to be promulgated by the President of the Republic and must be published afterwards in the Magyar Közlöny, which is the national gazette.

India

If at any time the Indian Parliament is not in session, the President of India may promulgate an ordinance, which will same effect as an Act. However, such ordinance will be presented before the parliament for final approval.^[6]

Republic of Ireland

All laws passed by the Oireachtas are promulgated by a notice in the Iris Oifigiúil published by the President of Ireland, as required by the Constitution of Ireland.^[7]

Isle of Man

By ancient custom an Act of Tynwald, the legislature of the island, did not come into force until it had been "promulgated" at an open-air sitting of Tynwald, usually held on Tynwald Hill at St John's on St John's Day (24 June) but since the adoption of the Gregorian calendar in 1753^[8] on 5 July (or on the following Monday if 5 July is a Saturday or Sunday^[9]). Promulgation originally consisted of the reading of the Act in English and Manx, but after 1865 the reading of the title of the Act and a summary of each section were sufficient.^[10] This was reduced in 1895 to the titles and a memorandum of the object and purport of the Act,^[11] and since 1988 only the short title and a summary of the long title have been read.^[12] An emergency procedure enabling an Act to come into force on royal assent being announced at an ordinary sitting of Tynwald, subject to its being promulgated within 12 months, was introduced in 1916;^[13] since 1976 this has been the 'default' procedure,^[14] and since 1988 an Act ceases to have effect unless promulgated within 18 months after royal assent is announced in Tynwald.^[15]

Italy

The President of the Republic promulgates law. The President remand a law to the Chambers of Parliament, with an explanation, and ask for reconsideration—but must promulgate the law if it is re-approved without modification.

Japan

The Emperor of Japan promulgates laws passed by the Diet. The Emperor cannot refuse to promulgate a law.

Kenya

Promulgation is performed by the President.

Macau

Bills have to approved by the Legislative Assembly, signed and promulgated by the Chief Executive. They must be published in the Official Gazette Boletim Oficial.

Malta

When a bill is approved by the House of Representatives of Malta, it is presented to the President of Malta for his assent. According to constitutional obligation he shall without delay signify that he assents and hence promulgate the said Bill into a Parliamentary Act. The Parliamentary Act is then published in the Malta Government Gazette, and thus comes into force.

Mexico

A law is approved by Congress, signed by the President, and published in the Official Diary of the Federation (Spanish: Diario Oficial de la Federación), or DOF. Each law in its Transitional Articles (Transitorios) states when the Law takes effect (entra en vigor) and, when applicable, what law it cancels and replaces. Regulations are prepared by the Executive branch in order to establish the administration of the Law. They are signed by the President and published in the DOF.

Poland

Laws have to be promulgated by the President of the Republic in the Dziennik Ustaw journal. The President may refer to the Constitutional Tribunal; if he has not made reference, he may refer the bill to the Sejm (veto) for further reconsideration. The bill shall then be

Romania

Bills have to be promulgated by the President and afterwards published in the official gazette, Monitorul Oficial.

Sweden

Laws and secondary legislation are promulgated by the Government of Sweden and are published in the Swedish Code of Statutes (Swedish: Svensk författningssamling).

Turkey

Bills are promulgated by President of the Republic and published in the official gazette, Resmi Gazete.

United Kingdom and other Commonwealth realms

Acts of Parliament are promulgated when given royal assent by the Queen. In the United Kingdom, the sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce that royal assent has been granted at a ceremony held at the Palace of Westminster for this purpose. However, royal assent is usually granted less ceremonially by letters patent.

United States

Acts of Congress are given the force of law, in one of the following ways: signed by the President of the United States; neither signed nor vetoed by the President within ten days from reception (excluding Sundays) while the Congress is in session; or, when both the Senate and the House of Representatives vote, by a two-thirds majority in each chamber, to override a presidential veto during its session.^[16] In United States administrative law, a federal regulation may be said to be formally promulgated when it appears in the Federal Register and after the public-comment period concludes.

Amendments to the United States Constitution attain force of law "when ratified by the legislatures of three fourths of the several states, or by conventions in three fourths thereof, as the one or the other mode of ratification may be proposed by the Congress".^[17] When the requisite number of state ratifications has been reached (currently 38), it is the duty of the Archivist of the United States to issue a certificate proclaiming a particular amendment duly ratified and part of the Constitution.^[18]

References