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See also:VETO (See also:Lat. for " I forbid ")
, generally the right of preventing any See also:act, or its actual See also:prohibition; in public See also:law, the constitutional right of the competent authority, or in republics of the whole See also:people in their See also:primary See also:assembly, to protest against a legislative or administrative act, and to prevent wholly, or for the See also:time being, the validation or See also:execution of the same
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It is generally stated that this right was called into existence in the See also:Roman See also:republic by the tribunicia potestas, because by this authority decisions of the See also:senate, and of the consuls and other magistrates, could be declared inoperative
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Such a statement must, however, be qualified by reference to the facts that interdico, interdicimus were the expressions used, and, in See also:general, that in See also:ancient See also:Rome every holder of a magistracy would check a negotiation set on See also:foot by a colleague, his equal in See also:rank, by his opposition and intervention
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This was a consequence of the position that each of the colleagues possessed the whole See also:power of the magistracy, and this right of intervention must have come into existence with the introduction of colleagued authorities, i.e. with the commencement of the republic
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In the Roman magistracy a twofold power must be distinguished: the See also:positive management of the affairs of the See also:state entrusted to each individual, and the power of restraining the acts of magistrates of equal or inferior rank, by his protest
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As the tribuni plebis possessed this latter negative competence to a See also:great extent, it is customary to attribute to them the origin of the See also:veto
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In the former See also:kingdom of See also:Poland the precedent first set in 1652 was established by law as a See also:constant right, that in the imperial See also:diet a single See also:deputy by his protest " Nie pozwalam," i.e
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" I do not permit it," could invalidate the decision sanctioned by the other members
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The See also: In the French republic the See also:president has no veto strictly so called, but he has a power somewhat resembling it . He can, when a See also:bill has passed both See also:Chambers, by a See also:message to them, refer it back for further deliberation . The king or See also:queen of See also:England has the right to withhold sanction from a bill passed by both houses of See also:parliament . This royal See also:prerogative has not been exercised since 1692 and may now be considered obsolete . The See also:governor of an See also:English See also:colony with a representative legislature has the power of veto against a bill passed by the legislative See also:body of a colony . In this case the bill is finally lost, just as a bill would be which had been rejected by the colonial See also:council, or as a bill passed by the English houses of parliament would be if the See also:crown were to exert the prerogative of refusing the royal assent . The governor may, however, without refusing his assent, reserve the bill for the See also:consideration of the crown . In that case the bill does not come into force until it has eitheractually or constructively received the royal assent, which is in effect the assent of the English See also:ministry, and therefore indirectly of the imperial parliament . Thus the colonial See also:liberty of legislation is made legally reconcilable with imperial See also:sovereignty, and conflicts between colonial and imperial See also:laws are prevented.' The constitution of the See also:United States of See also:America contains in See also:art. i., See also:sect . 7, See also:par . 2, the following See also:order: " Every bill which shall have passed the See also:House of Representatives and the Senate shall, before it become a law, be presented to the president of the United States; if he approve, he shall sign it, if not, he shall return it with his objections to that house in which it shall have originated, who shall enter the objections at large on their See also:journal and proceed to reconsider it . If, after such reconsideration, two-thirds of that house shall agree to pass the bill, it shall be sent, together with the objections, to the other house, by which it shall likewise be reconsidered, and, if approved by two-thirds of that house, it shall become a law . Every order, resolution or See also:vote to which the concurrence of the Senate and House of Representatives may be necessary (except on a question of See also:adjournment) shall be presented to the president of the United States, and, before the same shall take effect, shall be approved by him, or, being disapproved by him, shall be repassed by two-thirds of the Senate and House of Representatives, according to the rules and limitations prescribed in the case of a bill." In all states of the See also:Union except one the See also:governors, in the same manner or to a modified extent, possess the right of vetoing bills passed by the legislature . Here, therefore, we have again a suspensory veto which is frequently exercised . According to the constitution of the See also:German See also:empire of 1871, the imperial legislation is executed by the federal council and imperial diet; the See also:emperor is not mentioned . In the federal council the See also:simple See also:majority of votes decides . But in the case of bills concerning the See also:army, the See also:navy and certain specially noted taxes, as well as in the case of decisions concerning the alteration of orders for the See also:administration, and arrangements for the execution of the laws of customs and taxes, the proposal of the federal council is only accepted if the Prussian votes are on the See also:side of the majority in favour of the same (art. vii., sect . 3) . See also:Prussia presides in the federal council . The state of things is therefore, in fact, as follows: it is not the German emperor, but the same monarch as king of Prussia, who has the right of veto against bills and decisions of the federal council, and therefore can prevent the passing of an imperial law . The See also:superior power of the presidential vote obtains, it is true, its due See also:influence only in one legislative body, but in reality it has the same effect as the veto of the See also:head of the empire . The Swiss federal constitution grants the president of the See also:Confederation no superior position at all; neither he nor the federal council possesses the power of veto against laws or decisions of the federal assembly . But in some cantons, viz, St See also:Gall (1831), See also:Basel (1832) and See also:Lucerne (1841), the veto was introduced as a right of the people . The citizens had the power to submit to a See also:plebiscite laws which had been debated and accepted by the cantonal council (the legislative authority), and to reject the same .
If this plebiscite was not demanded within a certain See also:short specified time, the law came into force
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But, if the voting took See also:place, and if the number of persons voting against the law exceeded by one vote See also:half the number of persons entitled to vote in the See also:canton, the law was rejected
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The absent voters were considered as having voted in favour of the law
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An See also:attempt to introduce the veto in See also:Zurich in 1847 failed
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See also:Thurgau and See also:Schaffhausen accepted it later
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Meanwhile another arrangement has quite driven it out of the See also: Jenkyns, See also:British See also:Rule and See also:Jurisdiction beyond the Seas, pp . 113 seq . (London, 1902) . as... printed and sent to all voters with an explanatory message; then the people on a certain See also:day vote for the See also:acceptance or rejection of the law by See also:writing " yes " or " no " on a printed voting See also:paper, which is placed in an See also:urn under See also:official See also:control . In some cantons important See also:financial resolutions involving large state expenses are also submitted to the decision of the people . In the revised federal constitution of 1874, under certain sup-positions which have no further See also:interest for us at See also:present, a facultative referendum or Initiative (i.e. the possibility of demanding a plebiscite under exceptional circumstances) was introduced for federal laws . Since that period it has often been employed and has operated like a veto . It is evident that by the compulsory referendum in the cantons the See also:mere veto is rendered superfluous . In examining the question as to what position the veto occupies in See also:jurisprudence, we must See also:separate quite different conceptions which are comprised under the same name . 1 . The veto may be a mere right of intervention on the See also:part of a See also:magistrate against the order of another official, or against that of an authority of equal or inferior rank . This was the case in ancient Rome . To this class belong also those cases in which, as in the French republic, the president makes his " no " valid against decisions of the general councillors, and the See also:prefect does the same against decisions of the communal councillors . The use of the expression here is quite justifiable, and this veto is not confined to bills, but refers particularly to administrative See also:measures . It affords a See also:guarantee against the abuse of an official position . 2 . The veto may be a safety-See also:valve against precipitate decisions, and so a preventive measure . This task is fulfilled by the suspensory veto of the president of the United States . Similarly, to this class belong the above-mentioned prescriptions of the Spanish and Norwegian constitutions, and also the veto of the governor of an English colony against decisions of the legislature; for this protest is only intended to prevent a certain want of See also:harmony between the general and the colonial legislation, by calling forth a renewed investigation . This veto is neither an interference with the competence of an authority, nor a See also:division of the legislative power among different factors, but simply a guarantee against precipitancy in the case of a purely legislative measure . The See also:wisdom of establishing this veto power by the constitution is thus See also:manifest . 3 . It is wrong to apply the See also:term veto to what is merely the negative side of the sanctioning of the laws, in other words, an act of sovereignty . It would not be in accordance with the nature of a constitutional monarchy to declare the monarch's consent to,a law unnecessary, or make it a compulsory See also:duty; the legislative power is divided between him and the chambers .
The sovereign must therefore be perfectly at liberty to say " yes " or " no " in each single case according to his See also:opinion
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If he says the latter, we speak of it as his veto, but this—if he possesses an See also:absolute and not merely a suspensory veto—is not an intervention and not a preventive measure, but the negative side of the exercise of the legislative power, and therefore an act of sovereignty
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That this right belongs fully and entirely to the holder of sovereign power—however he may be called—is self-evident
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One chamber can also by protest prevent a bill of the other from coming into force
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The " placet of the temporal power for See also: |
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