Ponsonby Rule

Ponsonby Rule

The Ponsonby Rule is a constitutional convention in the United Kingdom constitutional law that dictates that most international treaties must be laid before parliament 21 days before ratification.

History

From the late 19th century it became the common practice to present the treaties of the United Kingdom to Parliament after they had come into force.

On 1 April 1924, during the Second Reading Debate on the Treaty of Peace (Turkey) Bill, Mr Arthur Ponsonby (Under-Secretary of State for Foreign Affairs in Ramsay MacDonald's first Labour Government) made the following statement:

At the same time he stated that:

The Ponsonby Rule was withdrawn during the subsequent Baldwin Government, but was reinstated in 1929 and gradually hardened into a practice observed by all successive Governments.

Other countries

The practice on legislative approval of treaties before ratification varies in from country to country. In most countries the constitution requires most treaties to be approved by parliament before they can formally enter into force and bind the country in question. This is particularly the case in states where international treaties become part of domestic law directly, without the need for special implementation, as is the case in the United Kingdom.

In countries with a strong separation of powers, this may lead to treaties being signed by the executive, but not coming into force because of parliamentary opposition. In the United Kingdom, with its government usually commanding a decisive majority in Parliament, this does not usually happen.

External links

* [http://www.fco.gov.uk/Files/kfile/ponsonbyrule,0.pdf Foreign and Commonwealth Office information (pdf)]

ee also

*Foreign and Commonwealth Office


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