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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''); however, in other countries, the terminology may vary. Orders-in-Council are distinct from Orders of Council, which are made in the name of the Council without sovereign approval. Types, usage and terminology There are two principal types of order in council: 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 by the monarch with the advice of 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 Lieutenan ...
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Commonwealth Realm
A Commonwealth realm is a sovereign state in the Commonwealth of Nations that has the same constitutional monarch and head of state as the other realms. The current monarch is King Charles III. Except for the United Kingdom, 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. , there are 15 Commonwealth realms: Antigua and Barbuda, Australia, The Bahamas, Belize, Canada, Grenada, Jamaica, Realm of New Zealand, New Zealand, Papua New Guinea, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Solomon Islands, Tuvalu, and the United Kingdom. While the Commonwealth of Nations has 56 member states of the Commonwealth of Nations, independent member states, only these 15 have Charles III as head of state. He is also Head of the Commonwealth, a non-constitutional role. The notion of these states sharing the same person as their monarch traces back to 1867 when Cana ...
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Parliament Of The United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body of the United Kingdom, and may also legislate for the Crown Dependencies and the British Overseas Territories. It meets at the Palace of Westminster in London. Parliament possesses legislative supremacy and thereby holds ultimate power over all other political bodies in the United Kingdom and the Overseas Territories. While Parliament is bicameral, it has three parts: the sovereign, the House of Lords, and the House of Commons. The three parts acting together to legislate may be described as the King-in-Parliament. 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. The House of Commons is the elected lower chamber of Parliament, with elections to 650 single-member constituencies held at least every five years under the first-past-the-post system. By constitutional conventi ...
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Welsh Assembly
The Senedd ( ; ), officially known as the Welsh Parliament in English and () in Welsh, is the devolved, unicameral legislature of Wales. A democratically elected body, Its role is to scrutinise the Welsh Government and legislate on devolved matters that are not reserved to the Parliament of the United Kingdom. It is a bilingual institution, with both Welsh and English being the official languages of its business. From its creation in May 1999 until May 2020, the Senedd was officially known as the National Assembly for Wales () and was often simply called the Welsh Assembly. The Senedd comprises 60 members who are known as members of the Senedd (), abbreviated as "MS" (). Since 2011, members are elected for a five-year term of office under an Additional-member system, in which 40 MSs represent smaller geographical divisions known as "constituencies" and are elected by first-past-the-post voting, and 20 MSs represent five "electoral regions" using the D'Hondt method of p ...
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Scottish Parliament
The Scottish Parliament ( ; ) is the Devolution in the United Kingdom, devolved, unicameral legislature of Scotland. It is located in the Holyrood, Edinburgh, Holyrood area of Edinburgh, and is frequently referred to by the metonym 'Holyrood'. It is a democratically elected body and its role is to scrutinise the Scottish Government and legislate on devolved matters that are not Devolved, reserved and excepted matters, reserved to the Parliament of the United Kingdom. The Scottish Parliament comprises 129 members known as Members of the Scottish Parliament (MSPs), elected for five-year terms under the regionalised form of Additional-member system (MMP): 73 MSPs represent individual geographical Scottish Parliament constituencies and regions, constituencies elected by the Plurality voting system, plurality (first-past-the-post) system, while a further 56 are returned as list members from eight Additional-member system, additional member regions. Each region elects seven party-lis ...
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Scotland Act 1998
The Scotland Act 1998 (c. 46) is an Act of the Parliament of the United Kingdom which legislated for the establishment of the devolved Scottish Parliament with tax varying powers and the Scottish Government (then Scottish Executive). It was one of the most significant constitutional pieces of legislation to be passed by the UK Parliament between the passing of the European Communities Act in 1972 and the European Union (Withdrawal) Act in 2018 and is the most significant piece of legislation to affect Scotland since the Acts of Union in 1707 which ratified the Treaty of Union and led to the disbandment of the Parliament of Scotland. Content and history The Act was introduced by the Labour government in 1998 to give effect to the Scottish devolution referendum in 1997 which showed that Scotland was in favour of both of the set questions, firstly for the creation of a parliament for Scotland and secondly, that this parliament should have tax varying powers. The Act crea ...
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House Of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the lower house, the House of Commons of the United Kingdom, House of Commons, it meets in the Palace of Westminster in London, England. One of the oldest extant institutions in the world, its origins lie in the early 11th century and the emergence of bicameralism in the 13th century. In contrast to the House of Commons, membership of the Lords is not generally acquired by Elections in the United Kingdom, election. Most members are Life peer, appointed for life, on either a political or non-political basis. House of Lords Act 1999, Hereditary membership was limited in 1999 to 92 List of excepted hereditary peers, excepted hereditary peers: 90 elected through By-elections to the House of Lords, internal by-elections, plus the Earl Marshal and Lord Great Chamberlain as members Ex officio member, ''ex officio''. No members directly inherit their seats any longer. The House of Lords also includes ...
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House Of Commons
The House of Commons is the name for the elected lower house of the Bicameralism, bicameral parliaments of the United Kingdom and Canada. In both of these countries, the Commons holds much more legislative power than the nominally upper house of parliament. The leader of the majority party in the House of Commons by convention becomes the prime minister. Other parliaments have also had a lower house called the "House of Commons". History and naming The House of Commons of England, House of Commons of the Kingdom of England evolved from an undivided parliament to serve as the voice of the tax-paying subjects of the Ceremonial counties of England, counties and the borough constituency, boroughs. Knight of the shire, Knights of the shire, elected from each county, were usually landowners, while the borough members were often from the merchant classes. These members represented subjects of the Crown who were not Lords Temporal or Spiritual, who themselves sat in the House of Lords. ...
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Statutory Instrument (UK)
A statutory instrument (SI) is the principal form in which delegated legislation is made in Great Britain. Statutory instruments are governed by the Statutory Instruments Act 1946.Statutory Instruments Act 1946
, section 1
They replaced statutory rules and orders, made under the Rules Publication Act 1893, in 1948. Most delegated legislation in Great Britain is made in the form of a statutory instrument. (In , delegated legislation is organised into
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Statutory Instruments Act 1946
The Statutory Instruments Act 1946 ( 9 & 10 Geo. 6. c. 36) is an Act of the United Kingdom Parliament which governs the making of statutory instruments. Until 2011 the act also governed Scottish statutory instruments made under acts of the Scottish Parliament. Until 2019, the act also governed Welsh statutory instruments made under acts of Senedd Cymru, acts of the National Assembly for Wales, and measures of the National Assembly for Wales. The Statutory Rules (Northern Ireland) Order 1979 provides a similar function for Acts of the Parliament of Northern Ireland and Act of the Northern Ireland Assembly. Definitions The act defines statutory instruments as "orders, rules, regulations or other subordinate legislation" if the power is expressed through the royal prerogative through an Order in Council or in the case of a power conferred on a Minister of the Crown, a statutory instrument. The circularity of the definition means that any subordinate legislation exerc ...
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Council Of Civil Service Unions V Minister For The Civil Service
''Council of Civil Service Unions v Minister for the Civil Service'' , or the GCHQ case, is a United Kingdom constitutional law and UK labour law case that held the royal prerogative was subject to judicial review. In 1984, by issuing a directive based on an Order in Council made using the royal prerogative, the government of Margaret Thatcher banned employees of the Government Communications Headquarters (GCHQ) from joining any trade union for national security reasons. The Council of Civil Service Unions claimed in judicial review that the order defeated their legitimate expectation of being able to collectively bargain for fair wages. Glidewell J in the High Court held the instruction was invalid. The Court of Appeal held national security concerns meant that judicial review was impossible. The House of Lords held that exercises of the royal prerogative were subject to judicial review, but there were exceptions, including for matters of national security. This was a signifi ...
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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. 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 common law constraints on the decision-making proce ...
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Mercy
Mercy (Middle English, from Anglo-French , from Medieval Latin , "price paid, wages", from Latin , "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). 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 and ethics In a judicial context mercy is often termed "clemency". It is a sovereign prerogative that resides in the executive and is entirely discretionary. John Locke defined it as "the power to act according to dis ...
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