'Promulgation' or 'enactment' is the act of formally proclaiming or declaring new
statutory or
administrative law when it receives final approval.
Explanation
After it is approved, the new law is officially announced to the public. Normally, it is accomplished by publishing the text of the law in a government
periodical. Most governments around the world have also adopted the practice of publishing laws on their official
web sites. Additionally, the national laws of extraordinary importance to the public are verbally announced by the
head of state on national television or radio. Local laws are usually announced in the local
newspapers and published in bulletins or
compendia of municipal regulations.
Power to enact laws
The power to enact laws lies with authority having appropriate
jurisdiction.
★ In the
United Kingdom and in
Commonwealth Realms, promulgation is performed when granting
Royal Assent.
★ In
Canada, Royal Assent is granted by the
Governor General and then published in the
Canada Gazette
★ In the
Republic of Ireland, all laws passed by the
Oireachtas are promulgated by the
President of Ireland as required by Articles 13.3 and 25.1-5 of the
Constitution of Ireland.
★ In Japan, the
Emperor promulgates laws passed by the Diet, but the Emperor cannot refuse to promulgate a law.
★ On the
Isle of Man, laws are promulgated annually on
Tynwald Day; any
Act of Tynwald that is not promulgated with in eighteen months of passage ceases to remain valid.
★ In
France, the
President of the Republic promulgates law (he may ask Parliament to reconsider the law, but only once).
★ In
Germany, the
President of Germany has the duty to duly promulgate and issue laws, unless he or she deems them "evidently
unconstitutional". The question to what degree he or she has to be convinced of the constitutional violation to deny promulgation is hotly debated. One such case arose in July 2005, when it was unclear whether
Horst Köhler would sign the bill that paved the way for new
elections in September of 2005, after the German government under
Gerhard Schröder had lost a parliamentary
vote of confidence on purpose. He eventually did.
★ In
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 make reference, he may refer the bill to the
Sejm (
veto) for further reconsideration. The bill shall then be repassed only by a qualified majority of three-fifths in the presence of at least half of the statutory number of Deputies.
★ In
Hong Kong, bills have to be signed and promulgated by the
Chief Executive, and be announced by the government by gazetting.
★ In
Hungary laws have to be promulgated by the President of the Republic and after must be published after in the ''
Magyar Közlöny'' which is the national gazette.
★ In the
Canon law of the
Roman Catholic Church, laws issued by the
Pope or an
ecumenical council are promulgated when they are published in ''
Acta Apostolicae Sedis'' and by default have the
force of law three months after promulgation (can. 8 §1, ''CIC'', 1983). Laws issued by bishops and
particular councils are promulgated in various ways but by default take effect one month after promulgation (can. 8 §2, ''CIC'', 1983).
★ Although the
United States Constitution does not refer to "promulgation" as such, U.S. laws take effect upon being signed by the
President of the United States or upon the overriding of a presidential
veto. In
American administrative law, a regulation may be said to be formally promulgated by an administrative agency when it appears in the ''
Federal Register'' and after the public-comment period concludes.
★ In
Armenia, bills are promulgated by President of the Republic and published in the Official Gazette.
★ In
Romania, bills and Government
ordinances have to be promulgated by the
President and afterwards published in the official gazette ''
Monitorul Oficial''.
★ In
Turkey, bills are promulgated by President of the Republic and published in the official gazette,
Resmi Gazete.