The Privy Council

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...is a strange institution that can be a bit baffling to students. However, there is quite a lot of information on the web that makes it more accessible.

First of all, the Privy Council website contains a wealth of information. Students looking at delegated legislation can be directed here for a list of recent Orders in Council, and here for a list of its (many) members.

The last meeting of the privy Council was attended by Lord Mandelson, Baroness Royall, Peter Hain MP and Margaret Hodge MP and signed off orders concerning, inter alia, the design of new five-pund coins, counter-terrorism measures, provisions relating to certain Universities, and the appointment of Richard Eyre to the BBC trust.

The role of the Privy Council is described here. Students need to grasp the distinction between the Privy Council as a legislative body, issuing Orders under either statute or the royal prerogative, and the Judicial Committee of the Privy Council. The latter is a Court with responsibility for an odd assortment of matters, including acting as the final appeal court for the remaining UK territories and some Commonwealth countries.

This is of particular significance to students looking at Judicial Precedent, particularly following the decision of the Court of Appeal in R v James and Karimi, that where the Privy Council and Supreme Court conflict in their decisions, the Court of Appeal may choose to follow the Privy Council decision, although of course decisions of the Judicial Committee are technically persuasive only.

Students may also wish to note the composition of the Judicial Committee of the Privy Council - the same judges as sit in the Supreme Court, which partially explains the judgment in Karimi.

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