Ratification
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Ratification is a principal's legal confirmation of an act of its agent. In international law, ratification is the process by which a state declares its consent to be bound to a treaty. In the case of bilateral treaties, ratification is usually accomplished by exchanging the requisite instruments, and in the case of multilateral treaties, the usual procedure is for the depositary to collect the ratifications of all states, keeping all parties informed of the situation.
The institution of ratification grants states the necessary time-frame to seek the required approval for the treaty on the domestic level and to enact the necessary legislation to give domestic effect to that treaty.
Contract law
In
The latter situation is common in trade union
Parliamentary procedure
A deliberative assembly, using parliamentary procedure, could ratify action that otherwise was not validly taken. For example, action taken where there was no quorum at the meeting is not valid until it is later ratified at a meeting where a quorum is present.[3]
Ratification of an international treaty
The ratification of international treaties is always accomplished by filing instruments of ratification as provided for in the treaty.[4] In many democracies, the legislature authorizes the government to ratify treaties through standard legislative procedures by passing a bill.
Australia
In
India
The President makes a treaty in exercise of his executive power, on the aid and the advice of the Council of Ministers headed by the Prime Minister, and no court of law in India may question its validity. However, no agreement or treaty entered into by the president is enforceable by the courts which is incompatible with Indian constitution/ national law, as India follows dualist theory for the implementation of international laws.
If the Parliament wishes to codify the agreement entered into by the executive thereby making it enforceable by the courts of India, it may do so under Article 253 of the constitution.
Japan
In
United Kingdom
Treaty ratification is a
United States
Treaty power is a coordinated effort between the Executive branch and the Senate. The President may form and negotiate, but the treaty must be advised and consented to by a
The President usually submits a treaty to the Senate Foreign Relations Committee (SFRC) along with an accompanying resolution of ratification or accession. If the treaty and resolution receive favorable committee consideration (a committee vote in favor of ratification or accession), the treaty is then forwarded to the floor of the full Senate for such a vote. The treaty or legislation does not apply until it has been ratified. A multilateral agreement may provide that it will take effect upon its ratification by less than all of the signatories.[7] Even though such a treaty takes effect, it does not apply to signatories that have not ratified it. Accession has the same legal effect as ratification, for treaties already negotiated and signed by other states.[8] An example of a treaty to which the Senate did not advise and consent to ratification is the Treaty of Versailles, which failed to garner support because of the Covenant of the League of Nations.
The US can also enter into international agreements by way of executive agreements. They are not made under the Treaty Clause and do not require approval by two-thirds of the Senate. Congressional-executive agreements are passed by a majority of both houses of Congress as a regular law. If the agreement is completely within the President's constitutional powers, it can be made by the President alone without Congressional approval, but it will have the force of an executive order and can be unilaterally revoked by a future President. All types of agreements are treated internationally as "treaties". See Foreign policy of the United States#Law.
Ratification of a constitution
Federations usually require the support of both the federal government and some given percentage of the constituent governments for amendments to the federal constitution to take effect.
Ratification in the Constitution of India
Not all constitutional amendments in India require ratification by the states. Only constitutional amendments that seek to make any change in any of the provisions mentioned in the proviso to Article 368 of the Constitution of India, must be ratified by the Legislatures of not less than one-half of the States. These provisions relate to certain matters concerning the federal structure or of common interest to both the Union and the States viz., the election of the President (articles 54 and 55); the extent of the executive power of the Union and the States (Articles 73 and 162); the High Courts for Union territories (Article 241); The Union Judiciary and the High Courts in the States (Chapter IV of Part V and Chapter V of Part VI); the distribution of legislative powers between the Union and the States (Chapter I of Part XI and Seventh Schedule); the representation of States in Parliament; and the provision for amendment of the Constitution laid down in Article 368. Ratification is done by a resolution passed by the State Legislatures. There is no specific time limit for the ratification of an amending Bill by the State Legislatures. However, the resolutions ratifying the proposed amendment must be passed before the amending Bill is presented to the President for his assent.[9]
However, when the treaty terms are interfering with the powers exclusively applicable to states (State List), prior ratification of all applicable states are to be obtained per Article 252 of the Indian constitution before the ratification by the Parliament.
Ratification in the United States Constitution
For subsequent amendments,
See also
References
- ^ "Glossary - Ratification". United Nations Treaty Collection. Archived from the original on 20 January 2024.
- ^ Robert, Henry M. (2011). Robert's Rules of Order Newly Revised, 11th ed., p. 124-125
- ^ Robert, Henry M. (2011). Robert's Rules of Order Newly Revised, 11th ed., p. 124
- ^ "Glossary of terms relating to Treaty actions". United Nations.
- ^ UCL (8 November 2021). "What is the royal prerogative?". The Constitution Unit. Retrieved 16 March 2023.
- ^ A. Horne and D. Gracia, Treaty Scrutiny – A Brave New Frontier for Parliament, U.K. Const. L. Blog (18 March 2020).
- ^ An example for such a treaty can be seen in the Convention on Cluster Munitions, which enters into force as soon as it has been ratified by at least 30 states (Article 17).
- ^ "Treaty Reference Guide". UN Office of Legal Affairs. 17 January 2001. Archived from the original on 9 October 2013.
- ^ "Constitution Amendment: Nature and Scope of the Amending Process" (PDF). Lok Sabha Secretariat. Archived from the original (PDF) on 3 December 2013. Retrieved 1 December 2013. This article incorporates text from this source, which is in the public domain.
- ^ U.S. Const. art. VII.