Queen-in-Council
Encyclopedia
The Queen-in-Council is, in each of the Commonwealth realm
s, the technical term of constitutional law
that refers to the exercise of executive authority
, 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 in Canadian provinces). In Commonwealth realms other than the United Kingdom and some British Crown Dependencies, the Queen's powers and functions are delegated to the governor-general
, lieutenant governor, or governor
. In these cases, the Queen-in-Council is replaced by a Governor-General-in-Council, Lieutenant-Governor-in-Council, or Governor-in-Council, respectively. 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.
In practice, the Queen-in-Council almost always gives formal effect to decisions made by the cabinet
, a subcommittee of the privy or executive council that includes the senior ministers of the Crown
, and meets often without the Queen or her local representative. An order made by the Queen-in-Council is known as an Order in Council, and such actions are subject to judicial review
.
Commonwealth Realm
A Commonwealth realm is a sovereign state within the Commonwealth of Nations that has Elizabeth II as its monarch and head of state. The sixteen current realms have a combined land area of 18.8 million km² , and a population of 134 million, of which all, except about two million, live in the six...
s, the technical term of constitutional law
Constitutional law
Constitutional law is the body of law which defines the relationship of different entities within a state, namely, the executive, the legislature and the judiciary....
that refers to the exercise of executive authority
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
, denoting the monarch acting by and with the advice and consent
Advice and consent
Advice and consent is an English phrase frequently used in enacting formulae of bills and in other legal or constitutional contexts, describing a situation in which the executive branch of a government enacts something previously approved of by the legislative branch.-General:The expression is...
of his or her privy council
Privy council
A privy council is a body that advises the head of state of a nation, typically, but not always, in the context of a monarchic government. The word "privy" means "private" or "secret"; thus, a privy council was originally a committee of the monarch's closest advisors to give confidential advice on...
(in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
and Canada
Canada
Canada is a North American country consisting of ten provinces and three territories. Located in the northern part of the continent, it extends from the Atlantic Ocean in the east to the Pacific Ocean in the west, and northward into the Arctic Ocean...
's federal jurisdiction) or executive council
Executive Council (Commonwealth countries)
An Executive Council in Commonwealth constitutional practice based on the Westminster system is a constitutional organ which exercises executive power and advises the governor or governor-general. Executive Councils often make decisions via Orders in Council.Executive Councillors are informally...
(in most other Commonwealth realms and in Canadian provinces). In Commonwealth realms other than the United Kingdom and some British Crown Dependencies, the Queen's powers and functions are delegated to the governor-general
Governor-General
A Governor-General, is a vice-regal person of a monarch in an independent realm or a major colonial circonscription. Depending on the political arrangement of the territory, a Governor General can be a governor of high rank, or a principal governor ranking above "ordinary" governors.- Current uses...
, lieutenant governor, or governor
Governor
A governor is a governing official, usually the executive of a non-sovereign level of government, ranking under the head of state...
. In these cases, the Queen-in-Council is replaced by a Governor-General-in-Council, Lieutenant-Governor-in-Council, or Governor-in-Council, respectively. 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.
In practice, the Queen-in-Council almost always gives formal effect to decisions made by the cabinet
Cabinet (government)
A Cabinet is a body of high ranking government officials, typically representing the executive branch. It can also sometimes be referred to as the Council of Ministers, an Executive Council, or an Executive Committee.- Overview :...
, a subcommittee of the privy or executive council that includes the senior ministers of the Crown
Minister of the Crown
Minister of the Crown is the formal constitutional term used in the Commonwealth realms to describe a minister to the reigning sovereign. The term indicates that the minister serves at His/Her Majesty's pleasure, and advises the monarch, or viceroy, on how to exercise the Crown prerogatives...
, and meets often without the Queen or her local representative. An order made by the Queen-in-Council is known as an Order in Council, and such actions are subject to judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
.