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Encyclopedia > Royal decree

An Order-in-Council is a type of legislation in the United Kingdom and certain Commonwealth countries which is formally made in the name of the Queen (or the Governor-General acting on her behalf) by the Privy Council or the Executive Council the Queen-in-Council or the Governor-in-Council). Flag of the Commonwealth of Nations The Commonwealth of Nations is a voluntary association of independent sovereign states, most of which were once governed by the United Kingdom and are its former colonies. ... Governor-General (or Governor General) is a term used both historically and currently to designate the appointed representative of a head of state or their government for a particular territory, historically in a colonial context, but no longer necessarily in that form. ... A privy council is a body that advises the head of state of a nation, especially in a monarchy. ... An Executive Council in Commonwealth constitutional practice based on the Westminster system exercizes executive power and is the top tier of a government led by a Governor-General, Governor, Lieutenant-Governor or Administrator (all governors). Until the advent of responsible government, Executive Councils existed primarily to advise the governor of...


However, two different types of Order-in-Council exist, in the United Kingdom at least. The first type is an exercise of the Royal Prerogative: as such it is primary legislation and does not depend on any statute for its authority, although it may be overridden by an Act of Parliament (Council of Civil Service Unions v. Minister for the Civil Service [1985] 374 at 399, per Lord Fraser of Tullybelton). This type has become less common with the passage of time, as statutes encroach on areas which used to form part of the Royal Prerogative. This article or section should include material from Royal Perogative. ... Primary legislation is legislation made by the legislative branch of government. ... A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ...


A distinction must be made between Orders-in-Council whereby the Queen-in-Council exercises the Royal Prerogative, and Orders-in-Council made in accordance with an Act of Parliament. In this second case, an Order-in-Council is merely another form of statutory instrument regulated by the Statutory Instruments Act 1946 (in the U.K.), albeit subject to more formalities than a simple statutory instrument. This kind of Order-in-Council tends to be reserved for the most important pieces of subordinate legislation, and its use is less common than before. Like all statutory instruments, they may either be annulled in pursuance of a resolution of either the House of Commons or the House of Lords ('negative resolution procedure') or require to be approved by a resolution of either House, or, exceptionally, both ('affirmative resolution procedure'). That said, the use of Orders-in-Council has been extended recently, as the Scotland Act 1998 provides that draft Orders-in-Council may be laid before the Scottish Parliament in certain circumstances in the same way as they would have been laid before the Westminster Parliament. In Westminster System parliaments, an Act of Parliament is a part of the law passed by the Parliament. ... Statutory Instruments (SIs), also referred to as delegated or secondary legislation, are parts of United Kingdom law separate from Acts of Parliament which do not require full Parliamentary approval before becoming law. ... In some bicameral parliaments of a Westminster System, the House of Commons has historically been the name of the elected lower house. ... This article is about the British House of Lords. ... The Scotland Act 1998 is an Act of the Parliament of the United Kingdom at Westminster. ... The Scottish Parliament (Pàrlamaid na h-Alba in Gaelic, Scots Pairlament in Scots) is the national unicameral legislature of Scotland. ...


Matters which still fall within the Royal Prerogative, and hence are regulated by (Prerogative) Orders-in-Council include dealing with servants of the Crown, such as the standing orders for civil servants, governance of British Overseas Territories, making appointments in the Church of England and dealing with international relations. A United Kingdom overseas territory (formerly known as a dependent territory or earlier as a crown colony) is a territory that is under the sovereignty and formal control of the United Kingdom but is not part of the United Kingdom proper (Great Britain and Northern Ireland). ... The Church of England is the officially established Christian church in England and acts as the mother and senior branch of the worldwide Anglican Communion as well as a founding member of the Porvoo Communion. ...


Whilst the Northern Ireland Assembly remains suspended, much Northern Ireland legislation is made by Order-in-Council. This is done under the various Northern Ireland Acts 1974 to 2000, and not in virtue of the Royal Prerogative. The logo of the Northern Ireland Assembly is a six flowered linen or flax plant, chosen for the plants historical economic importance to the region. ... For an explanation of often confusing terms like Ulster, (Republic of) Ireland, (Great) Britain and United Kingdom see British Isles (terminology). ...


In the rest of the Commonwealth they are used to carry out any decisions made by the Cabinet and the executive that would not need to be approved by Parliament. A Cabinet is a body of high-ranking members of government, typically representing the executive branch. ... The debating chamber or hemicycle of the European Parliament in Brussels. ...


Although the Orders are nominally made by the Queen or her representative, her assent is now normally purely a formality. What actually happens is that the Lord President of the Council (a cabinet minister) reads out batches of Orders-in-Council - drafted by the government - in front of the monarch or representative, who, after every couple of orders, says 'Agreed'. They then pass into law, where they are fully effective. There have however been instances recorded in several realms where a Governor-General has questioned the technical basis of a proposed regulation, and the order has been returned to the relevant department for revision. The Office of Lord President of the Council is a British cabinet position, the holder of which acts as presiding officer of the Privy Council. ... This page is a candidate to be moved to Wiktionary. ... Governor-General (or Governor General) is a term used both historically and currently to designate the appointed representative of a head of state or their government for a particular territory, historically in a colonial context, but no longer necessarily in that form. ... The word department has a number of meanings: It can mean an administrative sector of the government. ...


Traditionally, Orders-in-Council are used as a way for the Prime Minister to make political appointments, but they can also be used to issue simple laws as a sort of decree. Often in times of emergency a government may issue legislation directly through Orders-in-Council, forgoing the usual parliamentary procedure in accordance with the Defence of the Realm Act (now repealed) and assorted other emergency powers legislation. However, most Orders of this sort are usually eventually formalized according to the traditional lawmaking process, if they are not revoked at the end of the emergency (Historical use: see Orders in Council (1807)). A prime minister may be either: the chief or leading member of the cabinet of the top-level government in a country having a parliamentary system of government; or the official, in countries with a semi-presidential system of government, appointed to manage the civil service and execute the directives... Decree is an order that has the force of law. ... The Defence of the Realm Act (DORA) was passed in the United Kingdom in August 1914, during the early weeks of World War I. It gave the government wide-ranging powers during the war period, such as censorship and the power to requisition buildings or land needed for the war... The Orders in Council of 1807 were a specific use of an order of the British Privy Council, made under the Royal prerogative, during the Napoleonic Wars. ...


It appears that Orders-in-Council may occasionally be used to reverse court decisions applicable to British Overseas Territories without involving Parliament. For example, Orders-in-Council were used to overturn a court ruling in England which held that the exile of the Ilois islanders from Diego Garcia, a part of the British Indian Ocean Territory, was unlawful. Within the U.K. itself, court decisions can be formally overruled only by an Act of Parliament, or by the decision of a higher court on appeal. Schematic of court system for England and Wales The United Kingdom does not have a single unified judicial system - England and Wales have one system, Scotland another, and Northern Ireland a third. ... The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative institution in the United Kingdom and British overseas territories (it alone has parliamentary sovereignty). ... Exile is a form of punishment. ... Ilois (also known as Chagossians) are a group of Creole-speaking people, mostly of Indian descent (also notably from Madagascar, Mauritius, and Mozambique), which dwelled on the Chagos Archipelago for a certain period of time, most having arrived as fisherman, farmers, and coconut plantations workers during the 19th century (some... This article refers to the atoll. ...


  Results from FactBites:
 
Royal Historical Commission of Belgium - History (1433 words)
8th December: By royal decree, the decision was taken to endow Belgium with a chronological Table of printed charters in respect to its history.
A ministerial decree issued on 16th November 1838 laid down the regulations to be followed.
Royal decrees of the 3rd and 8th March 1983 introduced additional provisions.
Implementing Laws and Regulations - Text Royal Decree on the Recognition of the Cambodian Red Cross (784 words)
The present Royal Decree recognizes the Cambodian Red Cross as a voluntary aid society, which shall henceforth be known as "The Cambodian Red Cross".
The Cambodian Red Cross is the successor of the Cambodian Red Cross established on February 18, 1955, with the aim of providing relief assistance and to act as an auxiliary to the public authorities in the field of humanitarian affairs.
All regulations contrary to this Royal Decree are hereby abrogated.
  More results at FactBites »

 
 

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