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Privy Council (United Kingdom)

Formal body of advisers to the British monarch

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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 thus 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 is appointed on the advice of the Prime Minister.

Certain judicial functions are also performed by the King-in-Council, although in practice its actual work of hearing and deciding upon cases is carried out day-to-day only by the Judicial Committee of the Privy Council. The Judicial Committee consists of senior judges appointed as privy counsellors: predominantly justices of the Supreme Court of the United Kingdom, as well as some senior judges from other Commonwealth nations. The Privy Council by its Judicial Committee was formerly the final court of appeal for litigants in courts throughout the British Empire (but not for most cases in the United Kingdom itself). It continues to be the highest court of appeal for some Commonwealth countries, Crown Dependencies, British Overseas Territories, as well as for a few institutions in the United Kingdom.

History

The Privy Council of the United Kingdom, created on 1 January 1801, was preceded by the Privy Council of Scotland, the Privy Council of England, and the Privy Council of Great Britain (1708–1800). Its continued existence has been described as "more or less a constitutional and historical accident". The key events in the formation of the modern Privy Council are given below:

In Anglo-Saxon England, the Witenagemot was an early equivalent to the Privy Council of England. During the reigns of the Norman monarchs, the English Crown was advised by a royal court or curia regis, which consisted of magnates, ecclesiastics and high officials. The body originally concerned itself with advising the sovereign on legislation, administration and justice. Later, different bodies assuming distinct functions evolved from the court. The courts of law took over the business of dispensing justice, while Parliament became the supreme legislature of the kingdom. Nevertheless, the Council retained the power to hear legal disputes, either in the first instance or on appeal. Furthermore, laws made by the sovereign on the advice of the Council, rather than on the advice of Parliament, were accepted as valid. Powerful sovereigns often used the body to circumvent the Courts and Parliament. For example, a committee of the Council—which later became the Court of the Star Chamber—was during the 15th century permitted to inflict any punishment except death, without being bound by normal court procedure. During Henry VIII's reign, the sovereign, on the advice of the Council, was allowed to enact laws by mere proclamation. The legislative pre-eminence of Parliament was not restored until after Henry VIII's death. By 1540 the nineteen-member council had become a new national institution, most probably the creation of Thomas Cromwell, without there being exact definitions of its powers. Though the royal Council retained legislative and judicial responsibilities, it became a primarily administrative body. In 1553 the Council consisted of forty members, whereas Henry VII swore over a hundred servants to his council. Sovereigns relied on a smaller working committee which evolved into the modern Cabinet.

By the end of the English Civil War, the monarchy, House of Lords, and Privy Council had been abolished. The remaining parliamentary chamber, the House of Commons, instituted a Council of State to execute laws and to direct administrative policy. The forty-one members of the Council were elected by the House of Commons; the body was headed by Oliver Cromwell, de facto military dictator of the nation. In 1653, however, Cromwell became Lord Protector, and the Council was reduced to between thirteen and twenty-one members, all elected by the Commons. In 1657, the Commons granted Cromwell even greater powers, some of which were reminiscent of those enjoyed by monarchs. The Council became known as the Protector's Privy Council; its members were appointed by the Lord Protector, subject to Parliament's approval.

In 1659, shortly before the restoration of the monarchy, the Protector's Council was abolished. King Charles II restored the Royal Privy Council, but he, like previous Stuart monarchs, chose to rely on a small group of advisers. The formation of the Kingdom of Great Britain in 1707 combined the Privy Councils of England and Scotland, the latter body coming to an end in 1708.

Under King George I, even more power transferred to a small committee of the Council, which began to meet in the absence of the sovereign, communicating its decisions to him after the fact. Thus, the Privy Council, as a whole, ceased to be a body of important confidential advisers to the Sovereign; the role passed to a committee of the Council, now known as the Cabinet.

With the creation of the United Kingdom on 1 January 1801, a single Privy Council was created for Great Britain and Ireland, although the Privy Council of Ireland continued to function until 1922, when it became defunct upon the creation of the Irish Free State as an independent Dominion outside the United Kingdom, but within the British Empire. The Privy Council of Northern Ireland was created in 1922, but became defunct in 1972, when the Parliament of Northern Ireland was closed down.

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