King-in-Council in the context of King of Canada


King-in-Council in the context of King of Canada

⭐ Core Definition: King-in-Council

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 countries where the reigning monarch is represented by a viceroy, derivative terms are used instead, such as Governor in Council or Lieutenant Governor in Council.

↓ Menu
HINT:

In this Dossier

King-in-Council in the context of Privy Council (United Kingdom)

The Privy Council, formally His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its members, known as privy counsellors, are mainly senior politicians who are current or former members of either the House of Commons or the House of Lords.

The Privy Council formally advises the sovereign on the exercise of the royal prerogative. The King-in-Council issues executive instruments known as Orders in Council. The Privy Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. It advises the sovereign on the issuing of royal charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely reserved to its executive committee, the Cabinet of the United Kingdom, which serves as the senior decision-making body of the government. The council is administratively headed by the Lord President of the Council who is a member of the cabinet, and appointed on the advice of the Prime Minister.

View the full Wikipedia page for Privy Council (United Kingdom)
↑ Return to Menu

King-in-Council in the context of Monarchy in Canada

The monarchy of Canada is Canada's form of government embodied by the Canadian sovereign and head of state. It is one of the key components of Canadian sovereignty and sits at the core of Canada's constitutional federal structure and Westminster-style parliamentary democracy. The monarchy is the foundation of the executive (King-in-Council), legislative (King-in-Parliament), and judicial (King-on-the-Bench) branches of both federal and provincial jurisdictions. The current monarch is King Charles III, who has reigned since 8 September 2022.

Although 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 King of Canada and, in this capacity, he and other members of the royal family undertake public and private functions domestically and abroad as representatives of Canada. However, the monarch is the only member of the royal family with any constitutional role.

View the full Wikipedia page for Monarchy in Canada
↑ Return to Menu

King-in-Council in the context of Lieutenant governor (Canada)

In Canada, a lieutenant governor (/lɛfˈtɛnənt/; French [masculine]: lieutenant-gouverneur, or [feminine]: lieutenante-gouverneure) is the representative of the King of Canada in the government of each province. The governor general of Canada appoints the lieutenant governors on the advice of the prime minister of Canada to carry out most of the monarch's constitutional and ceremonial duties for an unfixed period of time—known as serving "His Excellency's pleasure" — though five years is the normal convention. Similar positions in Canada's three territories are termed "commissioners" and are representatives of the federal government, not the monarch directly.

The offices have their roots in the 16th and 17th century colonial governors of New France and British North America, though the present incarnations of the positions emerged with Canadian Confederation and the British North America Act in 1867, which defined the viceregal offices as the "Lieutenant Governor of the Province acting by and with the Advice the Executive Council thereof." The posts still ultimately represented the government of Canada (that is, the Governor-General-in-Council) until the ruling in 1882 of the Lord Watson of the Judicial Committee of the Privy Council in the case of Maritime Bank v. Receiver-General of New Brunswick, whereafter the lieutenant governors were recognized as the direct representatives of the monarch. The Constitution Act, 1982 provides that any constitutional amendment that affects the office of the lieutenant governor requires the unanimous consent of each provincial Legislative Assembly as well as the House of Commons and the Senate.

View the full Wikipedia page for Lieutenant governor (Canada)
↑ Return to Menu

King-in-Council in the context of Judicial Committee of the Privy Council

The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, except for the United Kingdom itself.

Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the "Privy Council", the Judicial Committee is only one constituent part of the Council. In Commonwealth realms which retain the JCPC as the final court of appeal, appeals are nominally made to "His Majesty in Council" (i.e. the British monarch as formally advised by his privy counsellors), who then refers the case to the Judicial Committee for "advice". In republics in the Commonwealth of Nations which retain the JCPC as their final court of appeal, appeals are made directly to the Judicial Committee itself. The panel of judges (typically five in number) hearing a particular case is known as "the Board". The report of the Board is, by convention, always accepted by the King-in-Council as judgment.

View the full Wikipedia page for Judicial Committee of the Privy Council
↑ Return to Menu