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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
Whether or not the head of state is mentioned in a formula depends on if they are formally considered a component of the legislature. 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".

National legislatures

Former legislatures

Subnational legislatures

Australia

Canada

United Kingdom

United States

References

 


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