Queen Elizabeth II of the United Kingdom issues an Order-in-Council, stating that she and her family would be known as the House of Windsor, and that her descendants will take the name Mountbatten-Windsor.

Understanding Orders in Council: Executive Legislation in Commonwealth Realms

An Order in Council represents a distinct and powerful form of legislation, not enacted by a parliamentary body, but directly by the executive branch of government. This type of legal instrument is prevalent in many countries, particularly across the Commonwealth realms – sovereign states that recognize the reigning monarch of the United Kingdom as their own head of state. In these nations, Orders in Council serve as a crucial mechanism for various governmental functions, often bypassing the traditional legislative process.

In the United Kingdom, this executive legislation is formally issued in the name of the monarch. The process requires the explicit "advice and consent" of the Privy Council, an ancient and formal body of advisors to the Sovereign. Historically, the formal body for a female monarch is referred to as "Queen-in-Council," while under a male monarch, it is "King-in-Council." The monarch acts strictly on the binding advice of the Privy Council, which comprises senior politicians (including all current and former Cabinet members), judges, and other distinguished public figures. Orders in Council can be utilized for a wide array of purposes, such as implementing new statutes, exercising residual prerogative powers (like dissolving Parliament or declaring war), managing public services, making appointments, or responding to national emergencies. For instance, they have been used to implement European Union law in the UK prior to Brexit, establish new public bodies, or regulate specific professions.

It is crucial to distinguish this powerful legislative tool from an "Order of Council." While both terms relate to the Privy Council, an Order of Council is made solely in the name of the Council itself, without requiring the explicit assent of the monarch. Orders of Council are typically administrative or procedural in nature, often concerning internal workings of the Privy Council Office or specific departmental directives, rather than enacting broader legislation on behalf of the Crown. This distinction is vital for understanding the varying levels of authority and scope these instruments carry within the British constitutional framework.

The House of Windsor: A Legacy of British Monarchy

The House of Windsor stands as the reigning royal house not only of the United Kingdom but also of the other independent Commonwealth realms. A royal house refers to the family whose members are, or have been, monarchs, often tracing their lineage through a common male ancestor, though changes can occur through marriage or formal decree.

The lineage of the House of Windsor traces back to the House of Saxe-Coburg and Gotha, a German ducal house. This transition occurred in 1901 when King Edward VII, the son of Queen Victoria and Prince Albert of Saxe-Coburg and Gotha, ascended to the British throne. His father, Prince Albert, brought the Saxe-Coburg and Gotha dynastic name to the British monarchy, succeeding the House of Hanover. The House of Saxe-Coburg and Gotha itself was a cadet branch of the even older German House of Wettin, which has a long and complex history in European royalty.

A significant change occurred in 1917 during the tumultuous period of World War I. Amidst widespread anti-German sentiment in the United Kingdom, fuelled by the conflict and strong public opinion, King George V made a pivotal decision to formally change the name of the British royal house. The German-sounding "Saxe-Coburg and Gotha" was abandoned in favour of the distinctly English name "Windsor." This name was chosen as a patriotic gesture, directly referencing Windsor Castle, a historic and enduring symbol of the British monarchy located in Berkshire, England. The change was a strategic move to affirm the royal family's British identity and distance themselves from their German heritage during a time of intense nationalistic feeling.

Since this renaming in 1917, four British monarchs have reigned under the House of Windsor:

The current head of the House of Windsor, King Charles III, serves as the monarch of fifteen sovereign states. These nations, known as the Commonwealth realms, are independent countries that share the same person as their head of state, with the monarch acting distinctly as the head of state for each individual realm. They include:

Beyond these independent Commonwealth realms, the monarch's constitutional role also extends to other territories. This includes three self-governing Crown dependencies – the Bailiwicks of Jersey and Guernsey (the Channel Islands), and the Isle of Man – which have their own legislatures but owe allegiance to the Crown. Additionally, there are fourteen British Overseas Territories, which are territories under the sovereignty of the United Kingdom and were formerly known as Crown colonies. Furthermore, the monarch also has a symbolic association with two associated states of New Zealand: the Cook Islands and Niue, which are self-governing in free association with New Zealand.

Frequently Asked Questions About British Monarchy and Governance

What is the primary difference between an Order in Council and an Order of Council?
An Order in Council is a form of legislation made in the monarch's name with the advice of the Privy Council, carrying significant legal weight for the nation. An Order of Council, conversely, is an administrative directive issued by the Privy Council itself, without royal assent, typically for internal or procedural matters.
Why did the British royal family change its name to Windsor?
The name change occurred in 1917 during World War I. King George V adopted "Windsor" from the German "Saxe-Coburg and Gotha" to distance the royal family from their German heritage amidst strong anti-German sentiment in the United Kingdom and to assert a more distinctly British identity.
How many sovereign states recognize the British monarch as their head of state?
Currently, fifteen sovereign states, known as Commonwealth realms, recognize King Charles III as their head of state. These include the United Kingdom and fourteen other independent nations.
What is the role of the Privy Council in relation to Orders in Council?
The Privy Council provides formal, binding advice to the monarch for the enactment of Orders in Council. Although made in the monarch's name, these Orders are effectively executive decisions made by government ministers who are members of the Privy Council.