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Order In Council
An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council (''King-in-Council''), but in other countries the terminology may vary. The term should not be confused with Order of Council, which is made in the name of the Council without royal assent. Types, usage and terminology Two principal types of Order in Council exist: Orders in Council whereby the King-in-Council exercises the royal prerogative, and Orders in Council made in accordance with an Act of Parliament. In the United Kingdom, orders are formally made in the name of the monarch by the Privy Council ('' King-in-Council or Queen-in-Council''). In Canada, federal Orders in Council are made in the name of the Governor General by the King's Privy Council for Canada; provincial Orders-in-Council are of the Lieutenant-Governor-in-Council by the p ...
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Commonwealth Realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations whose monarch and head of state is shared among the other realms. Each realm functions as an independent state, equal with the other realms and nations of the Commonwealth. King Charles III succeeded his mother, Queen Elizabeth II, as monarch of each Commonwealth realm following her death on 8 September 2022. He simultaneously became Head of the Commonwealth. there are 15 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Belize, Canada, Grenada, Jamaica, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. All are members of the Commonwealth, an intergovernmental organisation of 56 independent member states, 52 of which were formerly part of the British Empire. All Commonwealth members are independent sovereign states, regardless of whether they are Commonwealth realms. At her accession i ...
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Crown Corporation
A state-owned enterprise (SOE) is a government entity which is established or nationalised by the ''national government'' or ''provincial government'' by an executive order or an act of legislation in order to earn profit for the government, control monopoly of the private sector entities, provide products and services to citizens at a lower price and for the achievement of overall financial goals & developmental objectives in a particular country. The national government or provincial government has majority ownership over these ''state owned enterprises''. These ''state owned enterprises'' are also known as public sector undertakings in some countries. Defining characteristics of SOEs are their distinct legal form and possession of financial goals & developmental objectives (e.g., a state railway company may aim to make transportation more accessible and earn profit for the government), SOEs are government entities established to pursue financial objectives and develo ...
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Judicial Review In English Law
Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the decisi ...
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Mercy
Mercy (Middle English, from Anglo-French ''merci'', from Medieval Latin ''merced-'', ''merces'', from Latin, "price paid, wages", from ''merc-'', ''merxi'' "merchandise") is benevolence, forgiveness, and kindness in a variety of ethical, religious, social, and legal contexts. In the social and legal context, mercy may refer both to compassionate behavior on the part of those in power (e.g. mercy shown by a judge toward a convict), or on the part of a humanitarian third party, e.g., a mission of mercy aiming to treat war victims.Sarat, Austin and Hussain, Nasser. ''Forgiveness, mercy, and clemency'', 2006 pp. 1-5Menke, Christopher. ''Reflections of equality'' by Christoph Menke 2006 p. 193 Definition "Mercy" can be defined as "compassion or forbearance shown especially to an offender or to one subject to one's power"; and also "a blessing that is an act of divine favor or compassion." "To be at someone's mercy" indicates a person being "without defense against someone." Law ...
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New Zealand
New Zealand ( mi, Aotearoa ) is an island country in the southwestern Pacific Ocean. It consists of two main landmasses—the North Island () and the South Island ()—and over 700 smaller islands. It is the sixth-largest island country by area, covering . New Zealand is about east of Australia across the Tasman Sea and south of the islands of New Caledonia, Fiji, and Tonga. The country's varied topography and sharp mountain peaks, including the Southern Alps, owe much to tectonic uplift and volcanic eruptions. New Zealand's capital city is Wellington, and its most populous city is Auckland. The islands of New Zealand were the last large habitable land to be settled by humans. Between about 1280 and 1350, Polynesians began to settle in the islands and then developed a distinctive Māori culture. In 1642, the Dutch explorer Abel Tasman became the first European to sight and record New Zealand. In 1840, representatives of the United Kingdom and Māori chiefs ...
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Parliament
In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: representing the electorate, making laws, and overseeing the government via hearings and inquiries. The term is similar to the idea of a senate, synod or congress and is commonly used in countries that are current or former monarchies. Some contexts restrict the use of the word ''parliament'' to parliamentary systems, although it is also used to describe the legislature in some presidential systems (e.g., the Parliament of Ghana), even where it is not in the official name. Historically, parliaments included various kinds of deliberative, consultative, and judicial assemblies, an example being the French medieval and early modern parlements. Etymology The English term is derived from Anglo-Norman and dates to the 14th century, coming from the 11th century Old French , "discussion, discourse", from , meaning "to talk". The meaning evo ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom is the supreme legislative body of the United Kingdom, the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster, London. It alone possesses legislative supremacy and thereby ultimate power over all other political bodies in the UK and the overseas territories. Parliament is bicameral but has three parts, consisting of the sovereign ( King-in-Parliament), the House of Lords, and the House of Commons (the primary chamber). In theory, power is officially vested in the King-in-Parliament. However, the Crown normally acts on the advice of the prime minister, and the powers of the House of Lords are limited to only delaying legislation; thus power is ''de facto'' vested in the House of Commons. The House of Commons is an elected chamber with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional convention, all govern ...
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Courts Of England And Wales
The courts of England and Wales, supported administratively by His Majesty's Courts and Tribunals Service, are the civil and criminal courts responsible for the administration of justice in England and Wales. The United Kingdom does not have a single unified legal system—England and Wales has one system, Scotland another, and Northern Ireland a third. There are exceptions to this rule; for example in immigration law, the Asylum and Immigration Tribunal's jurisdiction covers the whole of the United Kingdom, while in employment law there is a single system of employment tribunals for England, Wales, and Scotland but not Northern Ireland. Additionally, the Military Court Service has jurisdiction over all members of the armed forces of the United Kingdom in relation to offences against military law. The Court of Appeal, the High Court, the Crown Court, the County Court, and the magistrates' courts are administered by His Majesty's Courts and Tribunals Service, an executiv ...
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Civil Contingencies Act 2004
The Civil Contingencies Act 2004 (c. 36) is an Act of the Parliament of the United Kingdom that makes provision about civil contingencies. It also replaces former Civil Defence and Emergency Powers legislation of the 20th century. Background to the Act The Civil Contingencies Act 2004 repeals the Civil Defence Act 1948 and the Civil Defence Act (Northern Ireland) 1950. Part 1 of the Act establishes a new and broad definition of "emergency". The definition includes war or attack by a foreign power, which were defined as emergencies under previous legislation, as well as terrorism which poses a threat of serious damage to the security of the United Kingdom and events which threaten serious damage to human welfare in a place in the United Kingdom or to the environment of a place in the United Kingdom. Previous legislation, which was enacted during or after the Second World War, provided for civil protection solely in terms of "civil defence", which was defined as "measures, other t ...
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Orders In Council (1807)
These Orders in Council were a series of decrees, in the form of Orders in Council, made by the Privy Council of the United Kingdom in the course of the wars with Napoleonic France which instituted its policy of commercial warfare. The Orders are important for the role they played in shaping the British war effort against France, but they are also significant for the strained relations—and sometimes military conflict—they caused between Great Britain and neutral countries, whose trade was affected by them. In Europe, restrictive British trade policy, as enacted in the Orders, led to the formation of the Second League of Armed Neutrality and deteriorating relations with other neutral powers, notably Denmark (with whom the British would fight a series of wars) and Russia. In the Atlantic, the Orders in Council were one of the main sources of tension between the United Kingdom and the United States which led to the War of 1812. Terminology Formally, an "Order in Council" is ...
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The National Archives (United Kingdom)
, type = Non-ministerial department , seal = , nativename = , logo = Logo_of_The_National_Archives_of_the_United_Kingdom.svg , logo_width = 150px , logo_caption = , formed = , preceding1 = , dissolved = , superseding = , jurisdiction = England and Wales, HM Government , headquarters = Kew, Richmond, Greater London TW9 4DU , region_code = GB , coordinates = , employees = 679 , budget = £43.9 million (2009–2010) , minister1_name = Michelle Donelan , minister1_pfo = Secretary of State for Digital, Culture, Media and Sport , minister2_name = TBC , minister2_pfo = Parliamentary Under Secretary of State , chief1_name = Jeff James , chief1_position = Chief Executive and Keeper of the Public Records , chief2_name = , chief2_position = , chief3_name = , chief3_position = , chief4_name = , chief4_position = , chief5_name = , chief5_position = , agency_type = , chief6_name = , chief6_position = , chief7_name = , chief7_position ...
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Decree
A decree is a legal proclamation, usually issued by a head of state (such as the president of a republic or a monarch), according to certain procedures (usually established in a constitution). It has the force of law. The particular term used for this concept may vary from country to country. The ''executive orders'' made by the President of the United States, for example, are decrees (although a decree is not exactly an order). Decree by jurisdiction Belgium In Belgium, a decree is a law of a community or regional parliament, e.g. the Flemish Parliament. France The word ''décret'', literally "decree", is an old legal usage in France and is used to refer to executive orders issued by the French President or Prime Minister. Any such order must not violate the French Constitution or Civil Code, and a party has the right to request an order be annulled in the French Council of State. Orders must be ratified by Parliament before they can be modified into legislative Acts ...
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