Royal assent in CANZUK

Whereas Royal assent has been reduced to less than a ceremonial vestige in the United Kingdom, the custom has been better-preserved by Canada, Australia and New Zealand, who’s better respect for the Crown can teach us much about the prerogative duty of giving Royal assent. This article briefly summarises the progressive dilution of Royal assent in the United Kingdom followed by a look and celebration of its rediscovery and use in Canada, Australia and New Zealand.

Prior to 1541, the Monarch had to provide Royal assent in person. This changed in 1541 with Royal assent by Commission Act.[1] The act first and foremost issued a bill of attainder (conviction without trial) of Queen Catherine Howard and others for treason. It also unconstitutionally delegated a signifying of the giving of Royal assent to this and future bills to the Lords Commissioners in the House of Lords, purportedly to not inconvenience the King, without ever seeking his express consent. Perhaps he objected to signing what would result in his wife’s unconstitutional death warrant without the due process of law that the Great Charter clearly requires, with one violation of the law leading to another.

Whereas the Act did not prohibit the King providing Royal assent in person, the Lords Commissioners clung took advantage of this power as they could. So much so that the last time that a Monarch refused Royal assent was when Queen Anne rejected the Scottish Militia Bill in 1708 and the last time that Royal assent was given in person in the United Kingdom was by Queen Victoria when she prorogued Parliament in person in 1854.

Royal assent was then further watered down by the Royal Assent Act of 1967[2] which allowed unknown persons to signify Royal assent with letters patent that had previously been signed by the Queen’s own hands. This method was then hopelessly diluted under the cover of the Covid-19 Pandemic since 25 March 2020, following which time Bills have been signified to have Royal assent by using unknown quantities of scanned copies of the original letters patent kept and used by persons unknown.

In contrast, Canada, Australia and New Zealand continue to have the King’s representative, the Governor General, give Royal assent in person or in writing and all have put the UK to shame by having British Monarchs open Parliament and give Royal assent in person up until recent times.

King George VI and Queen Elizabeth, The Queen Mother, enthroned in the Canadian Senate to give Royal assent 19th May 1939

The Royal Party arrived in Ottowa on the 20th of May 1939 when the Queen laid the cornerstone to the new Canadian Supreme Court when she reflected that, 

"perhaps it is not inappropriate that this task should be performed by a woman; for woman's position in a civilized society has depended upon the growth of law."

The King then dedicated the National War Memorial in front of thousands of war veterans accompanied by the Queen. They then turned to Parliament where the King personally granted royal assent to nine bills in the Canadian Senate and he then personally ratified a trade agreement between USA and Canada and a convention regarding the boundary waters of the Rainy Lake district. This was also the first time that the Great Seal of Canada was used in place of the Great Seal of the United Kingdom.[3]

The Royal Party leaving the Canadian Parliament 19th May 1939 following the completion of their constitutional duties

This unique event raised the practical issue of how the duties of the Crown ought to be fulfilled when the king is present in his Dominions. Also reanimating a prerogative that had not been exercised by any British King or Queen for 85 years. This set a precedent that would be gloriously continued by Queen Elizabeth II during her reign when she visited Canada, Australia and New Zealand, with her experience in Canada enriching and inspiring her future reign which saw her visit Canada twenty-two times.

Queen Elizabeth II and Prince Philip enthroned to open the Canadian Parliament October 14, 1957

“Honourable members of the Senate, members of the House of Commons — I greet you as your Queen,” she said. “Together, we constitute the Parliament of Canada. For the first time, the people of Canada and their Sovereign are here assembled on the occasion of the opening of Parliament. This is for all of us a moment to remember.”

Highlights of Queen Elizabeth II’s many visits to Canada included her in 1957 meeting with the cabinet and ratifying a convention with Belgium, where she opened Parliament and read the Queen’s speech from the throne, flanked by Prince Philip.

Queen Elizabeth II opening the Canadian Parliament for the second time in 1977

“A generation of Canadians has been born and grown to maturity during my reign,” she said during the throne speech to open the third session of the 30th Parliament.

“They are people made strong by the achievements of their parents and grandparents, but not imprisoned by the prejudices of the past.” “In their sensitivity towards other people, in their sense of justice, their generosity and good will, lie not only lessons for us all, but also the best and surest hope for unity and understanding among Canadians everywhere.”[4]

Queen Elizabeth II giving Royal Assent in Australia 1986

Queen Elizabeth II also provided Royal assent in person in Australia in 1953, 1973 and 1986. The above photograph is from 1986 when Queen Elizabeth II gave Royal assent to the Australia Act.

Video of the historic 1954 opening of the New Zealand Parliament by Queen Elizabeth II

Queen Elizabeth II was also the first sovereign to open the New Zealand Parliament and give the Royal assent in person, on 12 January 1954 when she assented to the Judicature Amendment Act 1954. (See David McGee’s book Parliamentary Practice in New Zealand, Chapter 27; and this page from the Parliament website for more information on the 1954 royal visit).

Amongst the other Acts the Queen assented to include:

Seal of New Zealand Act 1977 – see Gazette notice from 1 March 1988, p.443.

Flags, Emblems, and Names Protection Act 1981 – see Gazette notice from 15 October 1981, p.2884.

Waikato Raupatu Claims Settlement Act 1995   https://teara.govt.nz/en/photograph/27170/maori-and-english-queens 

The New Zealand Gazette notices give rare insight into the prerogative duty of Royal Assent. It describes the Queen first chairing a meeting of the Privy Council. She then chaired a meeting of an Executive Council, where she received advice from Ministers and others regarding Bills, honours and appointments before then signing them under her own hand. In this process is a final constitutional check and balance where the King and the public can observe the advice given by the government and others alongside Bills being given the authority of being signed by one who has sworn the Coronation Oath. This also provides an opportunity for the administration and the public to petition the King regarding the will of Parliament before it becomes law.

How sad it is in reflection that the British never provided Queen Elizabeth II the same honour of giving Royal assent in London during her reign. Yet we should have gratitude to King George VI, Queen Elizabeth II and Canada, Australia and New Zealand for keeping our ancient customs alive, demonstrating the importance of our shared heritage.

Philip Ridley, MSC, PGDip

Guest contributor

[1] Royal assent by Commission Act 1541 (33 Hen. 8. c. 21) https://babel.hathitrust.org/cgi/pt?id=pst.000017915533&seq=921&q1=1542 

[2] Royal assent Act 1967 www.legislation.gov.uk/ukpga/1967/23

[3] Barbara J. Messamore, Royal Studies Journal (2018 V) "George VI’s 1939 Royal Tour of Canada: Context and the Constitution"
https://rsj.winchester.ac.uk/articles/148/files/submission/proof/148-1-248-1-10-20180530.pdf

[4] Library of Parliament October 18, 1977 https://lop.parl.ca/staticfiles/ParlInfo/Documents/ThroneSpeech/En/30-03-e.pdf