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 refers to the monarch exercising executive authority, usually in the form of approving orders, on the advice of the country's privy council or executive council.
In nations where the reigning monarch is represented by a viceroy, derivative terms are used instead, such as Governor in Council or Lieutenant Governor in Council.
In Norway, the King in Council (Norwegian : Kongen i statsråd) refers to the meetings of the King and the Council of State (the Cabinet), wherein matters of importance and major decisions are made. The Council meets at the Royal Palace, normally every Friday. These meetings are chaired by the monarch or, if he is ill or abroad, crown prince (the monarch's heir). In Norway's constitution, King in Council refers to the formal Government of Norway, whereas merely King means the appointed ministry that the law refers to may alone act with complete authority on the matter assigned in the particular law. [1]
A decision that is taken in the State Council under the sovereign's leadership is considered to be a royal decree. If the crown prince chairs, they are crown prince resolutions. When neither the monarch nor the crown prince chairs, resolutions adopted are called government resolutions.
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:t or K.M:t) was a concept of constitutional importance until 1974.
Royal Majesty was the commonly used term to refer to the supreme executive authority under the 1809 Instrument of Government, under which the monarch 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. The monarch continues to head the Cabinet councils (the sovereign plus the members of the government) and the Council on Foreign Affairs, recognizing new cabinets (in the Council of State).
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 and the Australian states and Canadian provinces). In those realms and dependencies where the sovereign'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, all of these terms describing 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. [n 1] Orders-in-council may be used to implement secondary legislation, such as British 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 monarch or his local representative present.
Former Commonwealth realms and dependencies often retain a similar constitutional concept; for example, President-in-Council in India [3] [4] or Chief Executive-in-Council in Hong Kong. [5] Similar concepts can also be found in some non-Commonwealth countries. [6]
A Commonwealth realm is one of a group of sovereign states within the Commonwealth of Nations that have the same person, currently King Charles III, as their monarch and head of state. All the realms are independent of each other, although one person, resident in the United Kingdom, acts as monarch of each. Except for the UK, in each of the realms the monarch is represented by a governor-general. The phrase Commonwealth realm is an informal description not used in any law.
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.
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, acceded to the throne following the death of his mother, Queen Elizabeth II, on 8 September 2022 in the United Kingdom. The King's elder son, William, Prince of Wales, is the heir apparent.
The monarchy of Solomon Islands is a system of government in which a hereditary monarch is the sovereign and head of state of Solomon Islands. The monarch and head of state since 8 September 2022 is King Charles III. As sovereign, he is the personal embodiment of the Crown of Solomon Islands. 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 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.
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.
The monarchy of Australia is a key component of Australia's form of government, by which a hereditary monarch serves as the country's sovereign and head of state. It is a constitutional monarchy, modelled on the Westminster system of parliamentary democracy, while incorporating features unique to the constitution of Australia.
The Cook Islands are a constitutional monarchy within the Realm of New Zealand. Under the Cook Islands Constitution, the Sovereign in Right of New Zealand has been Head of State of the Cook Islands since 4 August 1965. The Sovereign is represented by the King's Representative; as such, the King is the de jure head of state, holding several powers that are his alone, while the King's Representative is sometimes referred to as the de facto head of state. The viceregal position is currently held by Tom Marsters.
The monarchy of Jamaica is a system of government in which a hereditary monarch is the sovereign and head of state of Jamaica. The current Jamaican monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Jamaican 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 Jamaica and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of the Jamaican state. However, the monarch is the only member of the royal family with any constitutional role.
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.
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.
The monarchy of Grenada is a system of government in which a hereditary monarch is the sovereign and head of state of Grenada. The current Grenadian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Grenadian 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 Grenada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Grenada. However, the King is the only member of the royal family with any constitutional role.
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 Papua New Guinean monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Papua New Guinean 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 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 Papua New Guinea. However, the King is the only member of the royal family with any constitutional role.
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.
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.
The monarchy of Saint Vincent and the Grenadines is a system of government in which a hereditary monarch is the sovereign and head of state of Saint Vincent and the Grenadines. The current Vincentian monarch and head of state, since 8 September 2022, is King Charles III. As sovereign, he is the personal embodiment of the Vincentian 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 Vincent and the Grenadines and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Saint Vincent and the Grenadines. However, the King is the only member of the royal family with any constitutional role.
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.
The royal prerogative is a body of customary authority, privilege, and immunity recognized in common law 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.
From 1947 to 1956, the Dominion of Pakistan was a self-governing country within the Commonwealth of Nations that shared a monarch with the United Kingdom and the other Dominions of the Commonwealth. The monarch's constitutional roles in Pakistan were mostly delegated to a vice-regal representative, the governor-general of Pakistan.
From 1960 to 1963, Nigeria was a sovereign state and an independent constitutional monarchy. Nigeria shared the monarch with Australia, Canada, United Kingdom, and certain other sovereign states. The monarch's constitutional roles were mostly delegated to the governor-general of Nigeria.