King-in-Council

Last updated

The Council Chamber (Swedish: Konseljsalen) at Stockholm Palace in Sweden, 2011. Before 1975, the monarch used to preside over meetings of the Council of State. Konseljsalen 800p 2011b.jpg
The Council Chamber (Swedish: Konseljsalen) at Stockholm Palace in Sweden, 2011. Before 1975, the monarch used to preside over meetings of the Council of State.

The King-in-Council or the Queen-in-Council, depending on the gender of the reigning monarch, is a constitutional term in a number of states. In a general sense, it would mean the monarch exercising executive authority, usually in the form of approving orders, in the presence of the country's executive council.

Contents

Norway

In Norway, the "King in Council" (Norwegian : Kongen i statsråd) refers to the meetings of the King and the Council of State (the Cabinet), where matters of importance and major decisions are made. The council meets at the Royal Palace and these meetings are normally held every Friday. It is chaired by the king or, if he is ill or abroad, the crown prince. In Norway's Constitution, when formulated as King in Council (Kongen i Statsråd) refers to the formal Government of Norway. When the formulation is merely King, the appointed ministry that the law refers to may alone act with complete authority of the matter assigned in the particular law.

A decision that is taken in the State Council under the King's leadership is considered to be a royal decree. If the crown prince chairs, they are crown prince resolutions. When neither the king nor the crown prince chairs, resolutions adopted are called Government resolutions.

Sweden

In Sweden, the King in Council (Swedish : Konungen i Statsrådet), more commonly known as Royal Majesty, (Swedish : Kunglig Majestät or the short forms Kungl.Maj or K.M:t) was a concept of constitutional importance in Sweden until 1974.

Royal Majesty was the commonly used term to refer to the supreme executive authority under the 1809 Instrument of Government, where the king made all decisions of state in the presence of his cabinet ministers. The 1974 Instrument of Government removed the monarch from all exercise of formal political powers which were passed to the newly created Government (Swedish : Regeringen), chaired and led in all aspects by the prime minister.

Commonwealth Realms

The King-in-Council is the technical term of constitutional law for the exercise of executive authority in a Commonwealth realm, denoting the monarch acting by and with the advice and consent of his or her privy council (in the United Kingdom and Canada's federal jurisdiction) or executive council (in most other Commonwealth realms, Australian states, and in Canadian provinces). In those realms and dependencies where the king's powers and functions are delegated to a governor-general, lieutenant governor, or governor, the term Governor-General-in-Council, Lieutenant-Governor-in-Council, or Governor-in-Council may be used instead of King-in-Council, respectively, although all of these terms describe the same technical process within constitutional law. "The government of [ jurisdiction ]" is commonly used as a synonym for any of the aforementioned terms, though the phrase may mean more than one thing in certain areas.

An order made by the King-in-Council is known as an Order-in-Council and such actions are subject to judicial review. [1] Orders-in-Council may be used to implement secondary legislation such as UK statutory instruments. In practice, decisions made by the King-in-Council are almost always the formal approval to decisions made by the cabinet, a subcommittee of the privy or executive council that includes the senior ministers of the Crown and often meets without the king or his local representative present.

Former Commonwealth realms and dependencies often retain a similar constitutional concept; for example, President-in-Council in India [2] [3] or Chief Executive-in-Council in Hong Kong. [4] Similar concepts can also be found in some non-Commonwealth countries. [5]

See also

Norway

Sweden

The Commonwealth

Ireland

Footnotes

  1. The Queen on the Application of Louis Olivier Bancoult v. The Secretary of State for Foreign and Commonwealth Affairs, CO/4093/2004The source of the power to make the Order in Council was the Royal prerogative. Neither Her Majesty nor the members of the Privy Council present that day (which, coincidentally, included me) considered the merits of the Order. The Queen in Council acts upon the advice of a Minister, in the present case, the Secretary of State for Foreign and Commonwealth affairs. In reality the order was that of the Secretary of State although, of course, the Queen formally assented to it. , s.5( England and Wales High Court 11 May 2006).
  2. Constituent Assembly of India debates (IV:12) Archived 29 October 2015 at the Wayback Machine . Parliament of India
  3. Subhash C. Kashyap. "The President's Powers". The Hindu. 25 July 2002
  4. Adaption of Laws (Interpretive Provisions) Ordinance 1998 (Hong Kong)
  5. Juliet Edeson (1998). "Powers of Presidents in Republics", Papers on Parliament No. 31, Parliament of Australia

Related Research Articles

<span class="mw-page-title-main">Constitutional monarchy</span> Type of monarchy in which power is restricted by a constitution

A constitutional monarchy, parliamentary monarchy, or democratic monarchy is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in decision making. Constitutional monarchies differ from absolute monarchies in that they are bound to exercise powers and authorities within limits prescribed by an established legal framework.

The King-in-Parliament, sometimes referred neutrally as the Crown-in-Parliament, is a technical term of constitutional law in the Commonwealth realms that refers to the Crown in its legislative role, acting with the advice and consent of the parliament. Bills passed by the houses are sent to the sovereign, or governor-general, lieutenant-governor, or governor as his representative, for Royal Assent, which, once granted, makes the bill into law; these primary acts of legislation are known as acts of parliament. An act may also provide for secondary legislation, which can be made by the Crown, subject to the simple approval, or the lack of disapproval, of parliament.

<span class="mw-page-title-main">King's Privy Council for Canada</span> Body of advisers to the monarch of Canada

The King's Privy Council for Canada, sometimes called His Majesty's Privy Council for Canada or simply the Privy Council (PC), is the full group of personal consultants to the monarch of Canada on state and constitutional affairs. Practically, the tenets of responsible government require the sovereign or his viceroy, the governor general of Canada, to almost always follow only that advice tendered by the Cabinet: a committee within the Privy Council composed usually of elected members of Parliament. Those summoned to the KPC are appointed for life by the governor general on the advice of the prime minister of Canada, meaning that the group is composed predominantly of former Cabinet ministers, with some others having been inducted as an honorary gesture. Those in the council are accorded the use of an honorific style and post-nominal letters, as well as various signifiers of precedence.

Minister of the Crown is a formal constitutional term used in Commonwealth realms to describe a minister of the reigning sovereign or viceroy. The term indicates that the minister serves at His Majesty's pleasure, and advises the sovereign or viceroy on how to exercise the Crown prerogatives relating to the minister's department or ministry.

<span class="mw-page-title-main">Monarchy of New Zealand</span> Function and history of the New Zealand monarchy

The monarchy of New Zealand is the constitutional system of government in which a hereditary monarch is the sovereign and head of state of New Zealand. The current monarch, King Charles III, ascended the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022. The King's eldest son, William, Prince of Wales, is the heir apparent.

The government of Alberta is the body responsible for the administration of the Canadian province of Alberta. As a constitutional monarchy, the Crown—represented in the province by the lieutenant governor—is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. The functions of the government are exercised on behalf of three institutions—the Executive Council; the Legislative Assembly; and the judiciary, respectively. Its powers and structure are partly set out in the Constitution Act, 1867.

<span class="mw-page-title-main">Government of Ontario</span> Canadian provincial government

The government of Ontario is the body responsible for the administration of the Canadian province of Ontario. A constitutional monarchy, the Crown—represented in the province by the lieutenant governor—is the corporation sole, assuming distinct roles: the executive, as the Crown-in-Council; the legislature, as the Crown-in-Parliament; and the courts, as the Crown-on-the-Bench. The functions of the government are exercised on behalf of three institutions—the Executive Council; the Provincial Parliament ; and the judiciary, respectively. Its powers and structure are partly set out in the Constitution Act, 1867.

<span class="mw-page-title-main">Monarchy of Solomon Islands</span> Constitutional monarchy as a system of government in Solomon Islands

The monarchy of Solomon Islands is a system of government in which a constitutional monarch is the head of state of Solomon Islands. The present monarch and head of state, since 8 September 2022, is King Charles III, who is also the head of state of fourteen other Commonwealth realms. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled the King of Solomon Islands and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Solomon Islands. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Antigua and Barbuda</span> Constitutional monarchy as a system of government in Antigua and Barbuda

The monarchy of Antigua and Barbuda is a system of government in which a hereditary monarch is the sovereign and head of state of Antigua and Barbuda. The current Antiguan and Barbudan monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Antigua and Barbuda. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Antigua and Barbuda and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of Antigua and Barbuda. However, the King is the only member of the Royal Family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Jamaica</span> Form of government in Jamaica

The monarchy of Jamaica is a constitutional system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The terms Crown in Right of Jamaica, His Majesty in Right of Jamaica, or The King in Right of Jamaica may also be used to refer to the entire executive of the government of Jamaica. Though the Jamaican Crown has its roots in the British Crown, it has evolved to become a distinctly Jamaican institution, represented by its own unique symbols.

<span class="mw-page-title-main">Monarchy of Belize</span> Function and history of the Belize monarchy

The monarchy of Belize is a system of government in which a hereditary monarch is the sovereign and head of state of Belize. The current Belizean monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Belizean Crown. Although the person of the sovereign is shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled Kingof Belize and, in this capacity, he and other members of the royal family undertake public and private functions as representatives of the Belizean state. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of the Bahamas</span> Constitutional monarchy as a system of government in the Bahamas

The monarchy of the Bahamas is a system of government in which a hereditary monarch is the sovereign and head of state of the Commonwealth of the Bahamas. The current Bahamian monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Bahamian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of the Bahamas and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Bahamian state. However, the King is the only member of the Royal Family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Grenada</span> Constitutional monarchy as a system of government in Grenada

The monarchy of Grenada is a system of government in which a hereditary monarch is the sovereign and head of state of Grenada. The present monarch is King Charles III, who is also Sovereign of a number of the other Commonwealth realms. The King's constitutional roles are mostly delegated to the Governor-General of Grenada. Royal succession is governed by the English Act of Settlement of 1701, which is part of constitutional law.

<span class="mw-page-title-main">Monarchy of Papua New Guinea</span>

The monarchy of Papua New Guinea is a system of government in which a hereditary monarch is the sovereign and head of state of Papua New Guinea. The current monarch and head of state, since 8 September 2022, is King Charles III. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled the King of Papua New Guinea and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of the Papua New Guinean state. However, the King is the only member of the Royal Family with any constitutional role. The monarch lives predominantly in the United Kingdom and, while several powers are the sovereign's alone, most of the royal governmental and ceremonial duties in Papua New Guinea are carried out by the monarch's representative, the governor-general.

<span class="mw-page-title-main">Monarchy of Saint Kitts and Nevis</span> Constitutional monarchy as a system of government in Saint Kitts and Nevis

The monarchy of Saint Kitts and Nevis is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Kitts and Nevis. The current monarch of Saint Kitts and Nevis, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Crown of Saint Kitts and Nevis. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Christopher and Nevis and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Kitts and Nevis. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Saint Lucia</span> Constitutional monarchy as a system of government in Saint Lucia

The monarchy of Saint Lucia is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Lucia. The current monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Saint Lucian Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Saint Lucia and, in this capacity, he and other members of the Royal Family undertake public and private functions domestically and abroad as representatives of the Saint Lucian state. However, the King is the only member of the royal family with any constitutional role.

<span class="mw-page-title-main">Monarchy of Tuvalu</span> Constitutional monarchy as a system of government in Tuvalu

The monarchy of Tuvalu is a system of government in which a hereditary monarch is the sovereign and head of state of Tuvalu. The current Tuvaluan monarch and head of state since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Tuvaluan Crown. Although the person of the sovereign is equally shared with 14 other independent countries within the Commonwealth of Nations, each country's monarchy is separate and legally distinct. As a result, the current monarch is officially titled King of Tuvalu and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Tuvaluan state. However, the King is the only member of the Royal Family with any constitutional role.

<span class="mw-page-title-main">King in Council (Sweden)</span>

King in Council, or Royal Majesty, was a term of constitutional importance that was used in Sweden before 1975 when the 1974 Instrument of Government came into force.

The Council of State, is a formal body composed of the most senior government ministers chosen by the Prime Minister, and functions as the collective decision-making organ constituting the executive branch of the Kingdom. The council simultaneously plays the role of privy council as well as government Cabinet.

The royal prerogative is a body of customary authority, privilege and immunity, recognized in common law and, sometimes, in civil law jurisdictions possessing a monarchy, as belonging to the sovereign and which have become widely vested in the government. It is the means by which some of the executive powers of government, possessed by and vested in a monarch with regard to the process of governance of the state, are carried out.