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Encyclopedia

From Wikipedia, the free encyclopedia

Coming into force (also called enforcement or enactment) is a term that refers to the process by which legislation, or part of legislation, and treaties comes to have legal force and effect. The term is closely related to the date of this transition.

Contents

General Requisites

To come into force the treaty or act need to receives the requisite majority of votes or ratifications.

Coming into force generally includes publication in an Official Gazette, so that people know the law or treaty exists and generally releases it in the public domain.

Treaties

After their adoption, Treaties as well as their amendments have to follow the official legal procedures of the United Nations, as applied by the Office of Legal Affairs, including signature, ratification and entry into force.

Acts

It is important to note that the process whereby a bill becomes an Act is an entirely different process from that of bringing the act into force. A bill which does not amount to an Act--even though it is passed by law makers--cannot be of any force and effect.

A country's law could determine that on being passed by lawmakers, a bill becomes an act without further ado. However, more usually, the process whereby a bill becomes an Act is well prescribed in general constitutional or administrative legislation. This process varies from country to country, and from political system to political system.

Typically, the process by which a bill becomes an act would include that the bill be signed by the head of state, and that it be published in the Official Gazette. Generally:

Alternatively a piece of legislation may specify that it shall come into force on a specific date, or that it shall be brought into force by secondary legislation such as a commencement order.

History

According to the legal sociology of Max Weber, "revelation [to a magician or priest] of law in these forms was the original revolutionary element opposing the stability of tradition and is the mother of all legal 'enactment'"[2]

Source

  • ^ Max Weber, "Economy and Society", pp 760-1

See also

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