Veto

The power to veto legislation by withholding the Royal Assent is a rarely used reserve power of the monarch. The Queen may veto a bill that has been given royal assent by the Governor-General within one year of the legislation being assented to. Since 1986, each state was constitutionally dependent upon the British Crown, but they are fully independent entities.

About Veto in brief

Summary Veto A veto is the power to unilaterally stop an official action, especially the enactment of legislation. The concept of a veto body originated with the Roman offices of consul and tribune of the plebs. The institution of the veto, known to the Romans as the intercessio, was adopted by the Roman Republic in the 6th century BC. In Westminster systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely used reserve power of the monarch. However, according to the Australian Constitution, the Queen may veto a bill that has been given royal assent by the Governor-General within one year of the legislation being assented to. This power has never been used. Since 1986, each state was constitutionally dependent upon the British Crown, but they are fully independent entities. So the Crown may not veto any federal act of a state or state legislature, more independent than the Crown of the UK. The power may also be used in a hung parliament, where the governor-general could withhold consent from the executive on the advice of the executive, thereby preventing its passage into law. This reserve power is, however, constitutionally arguable, and it is difficult to foresee an occasion when such a power would need to be exercised. It is possible that a Governor-general might so act if a bill passed by the Parliament was in violation of the Constitution. The veto was an essential component of the Roman conception of power being wielded not only to manage state affairs but to moderate and restrict the power of state’s high officials and institutions.

Since the Statute of Westminster, the UK Parliament may not repeal any Act of the Parliament of the Commonwealth of Australia on the grounds that is repugnant to the laws and interests of the United Kingdom. Other countries in the Commonwealth, such as Canada and New Zealand, are likewise affected. The governor-General may return to the house in which it originated any proposed law so presented to him and may transmit therewith any amendments which he may recommend, and the Houses may deal with the recommendation. This may be done without consulting the sovereign as per Section 58 of the constitution: When a proposed law passed by both Houses of the parliament is presented to theGovernor-General for the Queen’s assent, he shall declare, subject to this Constitution, that he assents in the Queen’s name, or that he withholds assent. The Governor- general may also use the veto to prevent a bill from being brought before the plebeian assembly. If a government would be hardly likely to present a bill which is so open to rejection, it would not be likely to veto such a bill if it was in breach of the Australian constitution. If the head of state or the premier of a federated state vetoes a bill, then the state legislature may not be able to act on it. So the Paradoxically, Federal states are more independent of the Crown than federal states, although the Crown still appoints the governors of state legislature.