Advice and Consent

Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts. It may describe two situations, either where a weak executive branch of a government enacts something previously approved of by the legislative branch or where the legislative branch concurs and approves something previously enacted by a strong executive branch.

The concept serves to moderate the power of one branch of government by requiring the concurrence of another branch for selected actions. The expression is frequently used in weak executive systems where the head of state has little practical power, and in practice the important part of the passage of a law is in its adoption by the legislature.

In the United Kingdom, a constitutional monarchy, bills are headed:

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:

This enacting formula emphasizes that, although legally the bill is being enacted by the Queen of the United Kingdom (specifically, by the Queen-in-Parliament), it is not through her initiative but through that of Parliament that legislation is created.

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