Disallowance and reservation facts for kids

Disallowance and reservation were special powers used in the past across the British Empire. They allowed the British government to delay or even cancel laws made by governments in its colonies. These powers were first created to make sure the King or Queen still had control over the colonies. Today, these powers are mostly gone and are not used anymore. Many countries have officially removed them from their laws.

How These Powers Worked

In countries that were part of the British Commonwealth or were colonies, laws usually went through a few steps. First, a bill (a proposed law) would pass through the local parliament. Then, it would go to the governor-general (or colonial governor). This person acted on behalf of the King or Queen.

• Reservation: Sometimes, the governor-general was told to "reserve" a bill. This meant they would not approve or reject it. Instead, they would send it to the British government in the United Kingdom. The King or Queen, advised by the Privy Council, would then decide if the bill should become law.
• Disallowance: If a bill was approved by the governor-general and became a law, the King or Queen could still "disallow" it. This usually had to happen within a certain time. If a law was disallowed, it stopped being a law once the colony was told. But anything that happened legally under that law before it was disallowed remained legal.

These methods were used for several reasons. They made sure that colonial laws followed English law. They also checked that laws didn't go beyond what the local government was allowed to do. Sometimes, they were used to stop laws that interfered with British plans or policies.

Over time, these powers were used less and less. As colonies gained more control over their own affairs, known as "responsible government," the British government started to let local courts handle disagreements about laws.

Important meetings, like the imperial conference in 1926, agreed that each independent country (called a dominion) should advise the King or Queen on its own matters. This meant the British government shouldn't interfere with a dominion's laws. By the 1930s, it was clear that disallowance and reservation were no longer used for dominion laws. For example, Canada hadn't seen a disallowance since 1873, and Australia and South Africa had never had their laws disallowed.

Because of these changes, countries that became independent later, from the 1950s onwards, usually did not include these powers in their new constitutions.

In Australia

The powers of disallowance and reservation still exist in Australia's federal laws, found in sections 58 to 60 of the Australian Constitution. Section 58 also gives the governor-general the power to send a bill back to Parliament with suggested changes. If the governor-general approves a law, the King or Queen has one year to disallow it. If a bill is reserved for the King's or Queen's approval, it will not become law unless approved within two years.

However, the power of disallowance has never been used for Australian federal laws. Reservation has also been very rare.

Australian states also had similar rules before Australia became a federation. Unlike in Canada, the British government directly handled disallowing state laws or reserving them. The Australian federal government never had the power to block state laws. The use of these powers in the states also stopped, and they were officially removed by the Australia Act 1986.

In Canada

In Canadian constitutional law, the powers of reservation and disallowance for federal laws are still officially in sections 55 and 56 of the Constitution Act, 1867. These powers also apply to provincial laws through Section 90. At first, disallowance was meant to ensure laws followed the constitution.

For federal bills, reservation was done on instructions from the United Kingdom until 1878. At the 1930 Imperial Conference, it was agreed that the United Kingdom would not reserve or disallow laws without Canada's approval. Between 1867 and 1878, 21 federal bills were reserved, and six were not approved. The only federal bill disallowed was the Oaths Act in 1873. It was stopped because it was seen as outside the federal parliament's power.

Reservation and disallowance also apply to provincial bills. The Governor General of Canada can disallow provincial laws, and the lieutenant governor can reserve them. Early Canadian prime ministers, like John A. Macdonald, often advised disallowing provincial laws. They usually said it was to protect contracts, federal power, or minority rights. Macdonald disallowed 13 railway laws from Manitoba.

When Wilfrid Laurier became prime minister in 1896, his party saw these powers as unnecessary interference. They believed that courts should decide disagreements about power. By 1911, disallowing provincial bills became very rare. A notable use in the 20th century was when federal Justice Minister Ernest Lapointe disallowed laws from Alberta's Social Credit government in the 1930s and 1940s. These laws tried to control banking and currency, which were federal powers.

The last time a provincial law was disallowed was in April 1943. This was for an Alberta law that limited land sales for Hutterites and "enemy aliens." The last time a provincial law was reserved was in 1961. The Saskatchewan Lieutenant Governor, without federal instruction, reserved a bill about mining contracts. The federal government quickly approved it.

Even though these powers still exist, they are generally not used. Some experts believe they have become "constitutionally obsolete." This means they are no longer binding because they haven't been used for a long time and are publicly rejected by political leaders.

Attempts to remove these powers from the constitution have failed.

Modern Discussions in Canada

In 1977, the government of Pierre Trudeau was asked to disallow Quebec's Charter of the French Language. This law limited English language signs and went against some language rights. Trudeau, an expert on the constitution, decided not to interfere. He believed that disallowing the law would cause more political problems. He thought it was better for courts to settle such disagreements. Trudeau felt disallowance should only be used for laws that clearly broke federal power or caused problems outside the province.

In 2018, Toronto City Council asked the government of Justin Trudeau to disallow an Ontario bill. This bill aimed to reduce the number of city council wards. Trudeau said he would not get involved. The bill was later dropped when a court overturned an earlier ruling.

In 2019, the Alberta Leader of the Opposition asked the Lieutenant Governor of Alberta to reserve a bill. The Lieutenant Governor refused.

In New Zealand

Disallowance and reservation powers were given to the British government and the governor in the New Zealand Constitution Act 1852. They were used quite often at first. But like in other self-governing colonies, the practice of overruling local laws soon stopped. New Zealand's current Constitution Act, passed in 1986, does not mention either of these powers.

See also

• Canadian federalism
• Manitoba Schools Question