The King-in-Council or the Queen-in-Council, depending on the sex 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 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.
The Council Chamber (Swedish: Konseljsalen) at Stockholm Palace in 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: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.
Governor GeneralDavid Johnston, representing Elizabeth II, Queen of Canada, with his Cabinet at Rideau Hall, 4 November 2015
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]
^"The 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."[2]
Referencesedit
^"Norges Grunnlov". Lovdata. Retrieved 29 November 2023.
^The Queen on the Application of Louis Olivier Bancoult v. The Secretary of State for Foreign and Commonwealth Affairs, CO/4093/2004, s.5 (England and Wales High Court 11 May 2006).
^Adaption of Laws (Interpretive Provisions) Ordinance 1998 (Hong Kong)
^Juliet Edeson (1998). "Powers of Presidents in Republics", Papers on Parliament No. 31, Parliament of Australia
February 16, 2024
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The King in Council or the Queen in Council depending on the sex 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 Contents 1 Norway 2 Sweden 3 Commonwealth realms 4 See also 4 1 Sweden 4 2 The Commonwealth 4 3 Ireland 5 Notes 6 ReferencesNorway editIn Norway the King in Council Norwegian Kongen i statsrad 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 Sweden editMain article King in Council Sweden nbsp The Council Chamber Swedish Konseljsalen at Stockholm Palace in SwedenIn Sweden the King in Council Swedish Konungen i Statsradet more commonly known as Royal Majesty Swedish Kunglig Majestat 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 Commonwealth realms editMain articles King s Privy Council for Canada and Privy Council of the United Kingdom See also Executive Council Commonwealth countries 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 nbsp Elizabeth II Queen of Canada with her Cabinet a subcommittee of the Queen s Privy Council in Rideau Hall 1 July 1967 nbsp Elizabeth II Queen of New Zealand with her Cabinet a subcommittee of the Executive Council 1981 nbsp Governor General Bill Hayden representing Elizabeth II Queen of Australia with his Cabinet a subcommittee of the Federal Executive Council outside Government House 25 March 1994 nbsp Elizabeth II Queen of the United Kingdom with her Cabinet a subcommittee of the Privy Council at 10 Downing Street 18 December 2012 nbsp Governor General David Johnston representing Elizabeth II Queen of Canada with his Cabinet at Rideau Hall 4 November 2015 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 See also editSweden edit Privy Council of Sweden Council of State Sweden The Commonwealth edit King in Parliament King s Counsel Law officers of the CrownIreland edit Council of State Ireland Notes edit The 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 2 References edit Norges Grunnlov Lovdata Retrieved 29 November 2023 The Queen on the Application of Louis Olivier Bancoult v The Secretary of State for Foreign and Commonwealth Affairs CO 4093 2004 s 5 England and Wales High Court 11 May 2006 Constituent Assembly of India debates IV 12 Archived 29 October 2015 at the Wayback Machine Parliament of India Subhash C Kashyap The President s Powers The Hindu 25 July 2002 Adaption of Laws Interpretive Provisions Ordinance 1998 Hong Kong Juliet Edeson 1998 Powers of Presidents in Republics Papers on Parliament No 31 Parliament of Australia Retrieved from https en wikipedia org w index php title King in Council amp oldid 1187516602, wikipedia, wiki, book, books, library,
