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Order in Council
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Order in Council
An Order in Council (abbreviated as OIC in some countries) is a type of legal instrument issued by the executive branch of a government, often the head of state or their representatives, on the advice of a cabinet or council of ministers. These instruments are used in several Commonwealth realms, with equivalent instruments also found in countries with a Westminster system of government. Although the specifics vary by country, Orders in Council typically allow the executive to make formal decisions or regulations without enacting new legislation.
There are two principal types of order in council: orders in council whereby the King-in-Council exercises the royal prerogative, and orders in council made in accordance with an act of Parliament.
In the United Kingdom, orders are formally made by the monarch with the advice of the Privy Council (King-in-Council or Queen-in-Council). In Canada, federal orders in council are made in the name of the Governor General by the King's Privy Council for Canada; provincial orders-in-council are of the Lieutenant-Governor-in-Council by the provincial Executive Council. In other places in name of the governor by the executive council (Governor-in-Council, Governor-General-in-Council, etc.).
In New Zealand, the orders in council, undertaken by the Executive Council, are required to give effect to the government's decisions. Apart from acts of Parliament, orders in council are the main method by which the government implements decisions that need legal force.
An order in council made under the royal prerogative does not depend on any statute for its authority, although an act of Parliament may change this. This type has become less common with the passage of time, as statutes encroach on areas that used to form part of the royal prerogative.
Matters which still fall within the royal prerogative and hence are regulated by (prerogative) orders in council include the prorogation of Parliament, royal charters, and the governance of British Overseas Territories.
British Orders in Council may occasionally be used to effectively reverse court decisions or enforce British law applicable to British Overseas Territories without involving Parliament such as the Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991.[dubious – discuss] Within the United Kingdom itself, court decisions can be formally overruled only by an act of Parliament or by the decision of a higher court on appeal.
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.
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Order in Council
An Order in Council (abbreviated as OIC in some countries) is a type of legal instrument issued by the executive branch of a government, often the head of state or their representatives, on the advice of a cabinet or council of ministers. These instruments are used in several Commonwealth realms, with equivalent instruments also found in countries with a Westminster system of government. Although the specifics vary by country, Orders in Council typically allow the executive to make formal decisions or regulations without enacting new legislation.
There are two principal types of order in council: orders in council whereby the King-in-Council exercises the royal prerogative, and orders in council made in accordance with an act of Parliament.
In the United Kingdom, orders are formally made by the monarch with the advice of the Privy Council (King-in-Council or Queen-in-Council). In Canada, federal orders in council are made in the name of the Governor General by the King's Privy Council for Canada; provincial orders-in-council are of the Lieutenant-Governor-in-Council by the provincial Executive Council. In other places in name of the governor by the executive council (Governor-in-Council, Governor-General-in-Council, etc.).
In New Zealand, the orders in council, undertaken by the Executive Council, are required to give effect to the government's decisions. Apart from acts of Parliament, orders in council are the main method by which the government implements decisions that need legal force.
An order in council made under the royal prerogative does not depend on any statute for its authority, although an act of Parliament may change this. This type has become less common with the passage of time, as statutes encroach on areas that used to form part of the royal prerogative.
Matters which still fall within the royal prerogative and hence are regulated by (prerogative) orders in council include the prorogation of Parliament, royal charters, and the governance of British Overseas Territories.
British Orders in Council may occasionally be used to effectively reverse court decisions or enforce British law applicable to British Overseas Territories without involving Parliament such as the Caribbean Territories (Abolition of Death Penalty for Murder) Order 1991.[dubious – discuss] Within the United Kingdom itself, court decisions can be formally overruled only by an act of Parliament or by the decision of a higher court on appeal.
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.