order in council
C2Formal, Legal, Governmental
Definition
Meaning
A type of legislation in certain Commonwealth countries, issued directly by the executive government (the head of state or governor-general) on the advice of ministers, without needing to pass through the full legislative process.
A formal legal instrument, issued by the monarch or their representative (e.g., Governor-General) acting on the formal advice of a privy council or cabinet, that has the force of law. It is used for implementing laws, treaties, and administrative decisions, often in urgent or specific situations.
Linguistics
Semantic Notes
This is a compound noun, treated as a singular countable noun (an order in council, several orders in council). It refers to a specific, high-level governmental mechanism, not a general request or command.
Dialectal Variation
British vs American Usage
Differences
Central to British and Commonwealth constitutional law. The United States has no direct equivalent; executive orders are the closest functional parallel but derive from a different constitutional principle.
Connotations
In the UK/Commonwealth, it connotes royal prerogative, constitutional procedure, and executive authority. In the US, the term is understood only in discussions of comparative government or British law.
Frequency
Very high frequency in UK/Commonwealth legal and political discourse. Extremely low frequency in general American English, limited to academic or specialist contexts.
Vocabulary
Collocations
Grammar
Valency Patterns
The government issued an order in council to [VERB PHRASE]It was enacted by order in council on [DATE]The power to make an order in council is derived from [SOURCE]Vocabulary
Synonyms
Strong
Neutral
Weak
Vocabulary
Antonyms
Phrases
Idioms & Phrases
- “by order in council”
Usage
Context Usage
Business
Rare, except for companies heavily regulated by government or operating under royal charter which may be amended by order in council.
Academic
Common in law, political science, and history papers discussing constitutional mechanisms, delegation of power, or colonial administration.
Everyday
Virtually never used. Would only appear in high-level news reports about constitutional crises or treaty ratifications.
Technical
Core term in constitutional and administrative law, specifying the exact instrument used to transfer royal prerogative powers, amend constitutions of overseas territories, or bring treaties into force.
Examples
By Part of Speech
verb
British English
- The treaty provisions will be ordered in council next week.
- The government cannot simply order in council without proper advice.
American English
- (Not used as a verb in US context.)
adverb
British English
- (Not used as an adverb.)
American English
- (Not used as an adverb.)
adjective
British English
- The order-in-council procedure is outlined in the Constitution Act.
- We are reviewing the order-in-council powers of the Governor-General.
American English
- (Not used adjectivally in US context.)
Examples
By CEFR Level
- (Not applicable for A2 level.)
- (Not applicable for B1 level.)
- The law was changed by an order in council, not by Parliament.
- The Prime Minister advised the Queen to issue an order in council.
- The constitutional crisis was resolved by a prerogative order in council, bypassing the deadlocked legislature.
- Several overseas territories are still governed under original orders in council from the colonial era.
Learning
Memory Aids
Mnemonic
Imagine the King's 'order' (command) given 'in' a meeting of his top advisors (the 'council'), making it official law.
Conceptual Metaphor
GOVERNMENT IS HIERARCHY / LAW IS A COMMAND. The term embodies the metaphor of law flowing from a sovereign authority (the monarch-in-council) downwards to the people.
Watch out
Common Pitfalls
Translation Traps (for Russian speakers)
- Не переводите буквально как 'порядок в совете'. Это ложный друг. Правильный юридический эквивалент — 'указ в совете' или 'декрет короля/правительства'.
- Не путать с 'распоряжением' местного совета (municipal council). Это высший государственный акт.
Common Mistakes
- Using it as a verb (e.g., 'They will order in council the changes' – INCORRECT).
- Omitting 'in' (e.g., 'an order of council' – this is a related but distinct term).
- Using it to refer to any government decision, rather than the specific formal instrument.
Practice
Quiz
What is the primary characteristic of an 'order in council'?
FAQ
Frequently Asked Questions
No. An Act of Parliament is primary legislation passed by both houses and receiving royal assent. An order in council is a form of secondary or delegated legislation made by the executive, though some can have significant constitutional effect.
In the UK, it is formally made by the monarch (King or Queen) on the advice of the Privy Council. In practice, the monarch's role is ceremonial, and the advice comes from government ministers.
Yes. Like other executive actions, orders in council can be subject to judicial review on grounds such as exceeding the legal authority (ultra vires) or unreasonableness.
An Order in Council is made by the monarch on ministerial advice. An Order of Council is made by the Lords of the Privy Council themselves (without the monarch) under specific statutory powers, often for regulating professions or institutions.