Disallowance and reservation

Lore & Background

Disallowance and reservation were instituted in British colonial territories to ensure legislation did not conflict with English law, exceed legislative competence, or interfere with imperial policy. A governor-general could reserve a bill for the sovereign's pleasure, referring it to the British government; assent, if given, came from the King- or Queen-in-Council. Alternatively, a bill assented to by a governor could later be disallowed by the Crown, ceasing to operate as law without retroactive effect. A third method allowed a bill to be suspended by its own terms until the sovereign's pleasure was known.

Use of these powers declined over the 19th century, particularly after the Colonial Laws Validity Act 1865 abolished the doctrine of general repugnancy, and as responsible government developed. The 1926 Imperial Conference recognized that dominion governments should advise the Crown on their own affairs. The 1930 Imperial Conference noted that disallowance had not been exercised for many years in relation to dominion legislation—never for Australia or South Africa, and not since 1873 for Canada or 1867 for New Zealand.

In Australia, sections 58–60 of the Constitution still provide for disallowance within one year and reservation with a two-year approval limit, though disallowance has never been used federally. State-level powers were abolished by the Australia Act 1986. In Canada, sections 55–56 of the Constitution Act, 1867 retain these powers for federal legislation, extended to provinces by section 90. The last federal disallowance was in 1873; the last provincial disallowance in 1943; the last reservation in 1961.

Reader's Guide

Disallowance and reservation were central to the British Empire's control over colonial legislatures, ensuring that local laws did not undermine imperial interests. Their decline reflected the evolution of self-governing dominions and the shift from imperial oversight to judicial review of legislative competence. The 1926 and 1930 Imperial Conferences effectively ended their use in dominions by recognizing the right of dominion governments to advise the Crown. Later Commonwealth realms omitted these powers from their constitutions. In Canada and Australia, the powers remain formally in place but are considered dormant; their last exercises occurred decades ago. Debates persist about whether disuse has rendered them obsolete. The powers illustrate the transition from colonial subordination to sovereign independence within the Commonwealth, and their residual existence serves as a constitutional relic of imperial authority.

Did You Know?

• Disallowance was not retroactive; actions taken under a law before its disallowance remained legal.
• The power of disallowance has never been exercised in relation to Australian federal legislation.
• The last reservation of a provincial law in Canada occurred in 1961, when Saskatchewan's lieutenant governor reserved a bill without federal knowledge.
• The 1926 Imperial Conference recognized that it would not be constitutional for the British government to advise the Crown on dominion affairs against the views of that dominion's government.