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 Bill, Mr
Arthur
Ponsonby (
Parliamentary
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The Ponsonby Rule was withdrawn during the subsequent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 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 required
in the case of 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.
In the
United
States
, Woodrow Wilson, the
President of the United
States, signed the Treaty of
Versailles, but the United
States Senate declined to give its advice and consent to
ratification, and the treaty did not come into force as respects
the United States.
External links
See also