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Promulgation is the official announcement of a new law, causing it to come into effect. It is done by the head of state or legislature, orally or in writing. Enactment varies by country, constitution, and type of law. The first step is for the head of state to accept and sign the law, followed by publication in an official publication. The actual power to accept or reject laws rests with the legislative assembly, but in some countries, the authority responsible for promulgating laws may refuse to do so.
The word promulgation comes from the Latin word promulgare, which means “to publish.” In law, promulgation, also known as enactment, is the act of officially and publicly announcing a new law, and this formal proclamation is what causes the law to come into effect. Laws are enacted to make both citizens and authorities officially aware of the new laws. This type of bill announcement is often made by the head of state or the legislature and can be done orally or in writing, usually on paper but sometimes on official websites. According to some philosophies of law, enactment is the essence of law, meaning that it is the most important part of the law-making process, while others think that the act of passing a law in the legislature carries more weight.
How enactment is done varies according to the country, its constitution and conventions, and the specific jurisdiction. The type of law involved can also make a difference. An administrative law concerns how the government and its various administrative agencies operate and includes rules and regulations implemented and enforced by those agencies. A statutory law, also called a statute or legislation, is almost always drafted by a legislative assembly and commonly applies to a country, region or city. Usually, both types of laws require enactment, although the procedure can differ.
The first step in enactment of a new law is usually for the head of state to officially announce and accept the law, commonly by formally signing it. In the UK, which is a monarchy, the monarch makes new laws. In Germany, a republic, the same job is performed by the president. The next step in enactment is often for the new law to be published in an official publication of some sort. For example, in Canada, laws are published in the official journal of the Canadian government, the Canada Gazette. In the United States, administrative laws are usually published in the Federal Register.
The act of promulgating a law is a formality in most countries, and the actual power to accept or reject laws rests solely with the legislative assembly. In Japan, for example, the emperor must promulgate all laws passed by the legislative assembly of the country. However, in some countries, the authority responsible for promulgating laws may refuse to do so. This is the case in France, where the president enacts laws but can ask the legislature to reconsider a law, even if this request can only be made once.
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