30 agosto 2020

A Constitutional Fracas in Luxembourg

According to the national constitution, the Grand Duke (or Duchess) of Luxembourg “sanctions and promulgates the laws” passed by Parliament. The last time the Luxembourg monarch had refused to sign was in 1912 for an education bill. So the system seemed to be working fine: the parliament passes laws and the royal head of state sanctions them.

But in December of 2008, Grand Duke Henri announced he would not sanction a newly-created law on euthanasia, and no one quite knew what to do. So it was announced by Prime Minister Jean-Claude Juncker that a constitutional amendment would be brought forward which removed the word “sanction” from the constitution. Instead, the Grand Duke or Duchess “promulgates the laws.” So, technically, the head of state’s signature is still required on all laws. But it is an automatic function of their office and does not indicate the ruler’s agreement with the law. Grand Duke Henri’s attempt at a moral stand merely resulted in the removal of what little power he might have previously possessed.

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