Orders In Council: Difference between revisions
No edit summary |
No edit summary |
||
| Line 6: | Line 6: | ||
Also see: https://orders-in-council.canada.ca/results.php?lang=en | Also see: https://orders-in-council.canada.ca/results.php?lang=en | ||
===Prerogative orders=== | |||
An Order in Council made under the Royal Prerogative is [[primary legislation]], and does not depend on any [[statute]] for its authority, although an Act of Parliament may change this.<ref name="Ref_">''Council of Civil Service Unions v. Minister for the Civil Service'' [1985] 374 at 399, per [[Ian Fraser, Baron Fraser of Tullybelton|Lord Fraser of Tullybelton]]</ref> This type has become less common with the passage of time, as statutes encroach on areas which used to form part of the Royal Prerogative. | |||
Matters which still fall within the Royal Prerogative, and hence are regulated by (Prerogative) Orders in Council, include dealing with servants of the Crown, such as the standing orders for civil servants, appointing heads of [[Crown corporation]]s, governance of [[British overseas territory|British Overseas Territories]], making appointments in the [[Church of England]] and dealing with international relations. | |||
Traditionally, Orders in Council are used as a way for the [[Prime Minister]] to make political appointments, but they can also be used to issue simple laws as a sort of [[decree]]. In times of emergency, a government may issue legislation directly through Orders in Council, forgoing the usual parliamentary procedure<ref name="Ref_2005">{{citation|url=http://www.nationalarchives.gov.uk/documents/information-management/osp14.pdf|title=Home defence and emergency planning 1972–2001|page=11|publisher=[[The National Archives (United Kingdom)|The National Archives]]|date=November 2005|accessdate=2008-11-20}}</ref><ref name="Ref_a">Historical use: see [[Orders in Council (1807)]]</ref> though most Orders of this sort are eventually formalized according to the traditional lawmaking process, if they are not revoked at the end of the emergency. However, in the UK, this power was later superseded by a statutory power to make such Orders in Council under the [[Civil Contingencies Act]]. | |||
Revision as of 07:34, 29 March 2020
An Order in Council is a legal order made by the Lieutenant Governor, on the advice of the Premier or a Minister.
See: https://www.ontario.ca/search/orders-in-council
Also see: https://orders-in-council.canada.ca/results.php?lang=en
Prerogative orders
An Order in Council made under the Royal Prerogative is primary legislation, and does not depend on any statute for its authority, although an Act of Parliament may change this.[1] This type has become less common with the passage of time, as statutes encroach on areas which used to form part of the Royal Prerogative.
Matters which still fall within the Royal Prerogative, and hence are regulated by (Prerogative) Orders in Council, include dealing with servants of the Crown, such as the standing orders for civil servants, appointing heads of Crown corporations, governance of British Overseas Territories, making appointments in the Church of England and dealing with international relations.
Traditionally, Orders in Council are used as a way for the Prime Minister to make political appointments, but they can also be used to issue simple laws as a sort of decree. In times of emergency, a government may issue legislation directly through Orders in Council, forgoing the usual parliamentary procedure[2][3] though most Orders of this sort are eventually formalized according to the traditional lawmaking process, if they are not revoked at the end of the emergency. However, in the UK, this power was later superseded by a statutory power to make such Orders in Council under the Civil Contingencies Act.
- ↑ Council of Civil Service Unions v. Minister for the Civil Service [1985] 374 at 399, per Lord Fraser of Tullybelton
- ↑ Template:Citation
- ↑ Historical use: see Orders in Council (1807)
