How the British government bypasses Parliament using the monarch’s ancient advisory council

Science · Published 20 October 2026 Swipe more like this →

In short: An Order in Council is a powerful legislative tool made in the name of the monarch, bypassing traditional parliamentary debate. While it carries the weight of law, it is drafted by the government and approved by the Privy Council, often serving as a formal, ceremonial mechanism for significant state decisions.

An Order in Council is a form of legislation issued by the monarch, acting on the advice and consent of the Privy Council. While the process is steeped in tradition, the actual text is drafted by the government. These orders fall into three primary categories: statutory, prerogative, and judicial. Statutory orders function similarly to secondary legislation, often used for administrative tasks like transferring departmental responsibilities or setting parliamentary constituency boundaries. Prerogative orders, by contrast, derive from the Crown’s inherent powers to act where Parliament has not legislated, such as proroguing Parliament.

The use of these orders is often described as both traditional and psychological. Constitutional expert Rodney Brazier noted that using the monarch’s authority provides a sense of dignity and impressiveness to state actions, such as establishing new electoral boundaries or formalizing extradition treaties. In practice, the approval process is a formality. At a meeting of the Privy Council, which usually includes Cabinet ministers, the monarch simply says “approved” after the Lord President reads the title. There is no debate, and the validity of such an order cannot be challenged in legal proceedings once it is made.

The mechanism has evolved significantly. For instance, the Parliamentary Constituencies Act 2020 streamlined the boundary review process, requiring only one draft order for the entire UK that cannot be amended or debated by Parliament. Other applications include the Public Appointments Order in Council, which regulates the Commissioner for Public Appointments. These orders are updated periodically, with recent iterations made in November 2023 and November 2025. Whether used for emergency powers or routine appointments, the Order in Council remains a vital, if opaque, instrument of executive governance that highlights the intersection of ancient ceremony and modern administrative necessity.

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