Veto

A veto (Latin for 'I forbid') is the power (used by an officer of the state, for example) to unilaterally stop an official action, especially the enactment of legislation. A veto can be absolute, as for instance in the United Nations Security Council, whose permanent members (China, France, Russia, the United Kingdom, and the United States of America) can block any resolution, or it can be limited, as in the legislative process of the United States, where a two-thirds vote in both the House and Senate will override a Presidential veto of legislation. A veto may give power only to stop changes (thus allowing its holder to protect the status quo), like the US legislative veto, or to also adopt them (an 'amendatory veto'), like the legislative veto of the Indian President, which allows him to propose amendments to bills returned to the Parliament for reconsideration. The concept of a veto body originated with the Roman consuls and tribunes. Either of the two consuls holding office in a given year could block a military or civil decision by the other; any tribune had the power to unilaterally block legislation passed by the Roman Senate. The institution of the veto, known to the Romans as the intercesio, was adopted by the Roman Republic in the 6th century BC to enable the tribunes to protect the mandamus interests of the plebs (common citizenry) from the encroachments of the patricians, who dominated the Senate. A tribune's veto did not prevent the senate from passing a bill, but meant that it was denied the force of law. The tribunes could also use the veto to prevent a bill from being brought before the plebeian assembly. The consuls also had the power of veto, as decision-making generally required the assent of both consuls. If one disagreed, either could invoke the intercessio to block the action of the other. The veto was an essential component of the Roman conception of power being wielded not only to manage state affairs but to moderate and restrict the power of the state's high officials and institutions. In Westminster systems and most constitutional monarchies, the power to veto legislation by withholding the Royal Assent is a rarely used reserve power of the monarch. In practice, the Crown follows the convention of exercising its prerogative on the advice of its chief advisor, the prime minister. Since the Statute of Westminster (1931), the United Kingdom Parliament may not repeal any Act of the Parliament of the Commonwealth of Australia on the grounds that is repugnant to the laws and interests of the United Kingdom. Other countries in the Commonwealth of Nations (not to be confused with the Commonwealth of Australia), such as Canada and New Zealand, are likewise affected. However, according to the Australian Constitution (sec. 59), the Queen may veto a bill that has been given royal assent by the Governor-General within one year of the legislation being assented to. This power has never been used. The Australian Governor-General himself or herself has, in theory, power to veto, or more technically, withhold assent to, a bill passed by both houses of the Australian Parliament, and contrary to the advice of the prime minister. This may be done without consulting the sovereign as per Section 58 of the constitution: This reserve power is however, constitutionally arguable, and it is difficult to foresee an occasion when such a power would need to be exercised. It is possible that a Governor-general might so act if a bill passed by the Parliament was in violation of the Constitution. One might argue, however, that a government would be hardly likely to present a bill which is so open to rejection. Many of the viceregal reserve powers are untested, because of the brief constitutional history of the Commonwealth of Australia, and the observance of the convention that the head of state acts upon the advice of his or her chief minister. The power may also be used in a situation where the parliament, usually a hung parliament, passes a bill without the blessing of the executive. The governor general on the advice of the executive could withhold consent from the bill thereby preventing its passage into law. With regard to the six governors of the states which are federated under the Australian Commonwealth, a somewhat different situation exists. Until the Australia Act 1986, each state was constitutionally dependent upon the British Crown directly. Since 1986, however, they are fully independent entities, although the Queen still appoints governors on the advice of the state head of government, the premier. So the Crown may not veto (nor the UK Parliament overturn) any act of a state governor or state legislature. Paradoxically, the states are more independent of the Crown than the federal government and legislature. State constitutions determine what role a governor plays. In general the governor exercises the powers the sovereign would have, including the power to withhold the Royal Assent. According to the Constitution Act, 1867, the Queen in Counsel (in practice the Cabinet of the United Kingdom) may instruct the Governor General to withhold the Queen's assent, allowing the sovereign two years to disallow the bill, thereby vetoing the law in question. This was last used in 1873, and the power was effectively nullified by the Balfour Declaration of 1926.