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Orders in council, first so named in the 18th cent., are based either on royal prerogative or on statutory authority. The prerogative allows an order in council to be used to ratify a treaty, to declare the end of a state of war, or to appoint civil service commissioners, but as a vehicle of royal power such an order no longer has any utility. Orders in council are authorized by statute in situations where a possible emergency is contemplated in which routine legislative procedure might be too cumbersome. The order is recommended to the sovereign by the government official responsible, and there is generally a provision for subsequent parliamentary ratification.
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