Politics of the Falkland Islands
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The politics of the Falkland Islands takes place in a framework of a constitutional monarchy and parliamentary representative democratic dependency as set out by the constitution, whereby the Governor exercises the duties of head of state in the absence of the monarch and the Chief Executive is the head of the Civil Service, with an elected Legislative Assembly to propose new laws, national policy, approve finance and hold the executive to account.
The
Following the
Sovereignty issues
The
The sovereignty of the Falklands remains in dispute, with Argentina claiming the islands are an
Executive
Executive authority on the Falkland Islands is vested in Charles III, who has been the head of state since his accession to the British throne on 8 September 2022. As the King is absent from the islands for most of the time, executive authority is exercised "in His Majesty's name and on His Majesty's behalf" by the Governor of the Falkland Islands. Alison Blake has been Governor since 23 July 2022.[5]
The Governor normally acts only on the advice of the
Government policy and the execution thereof is primarily decided by the 3 officio Executive Council MLAs. The Chief Executive leads the civil service and undertakes actions from Executive Council. [6]
Legislature
The
The following major conventions apply to the Falkland Islands and should be taken into account during the drafting of legislation:[7]
- European Convention on Human Rights (ECHR)
- International Covenant on Economic, Social and Cultural Rights (ICESCR)
- International Covenant on Civil and Political Rights (ICCPR)
- United Nations Convention Against Torture (UNCAT)
- UN Convention on the Rights of the Child(UNCRC)
- UN Convention on the Elimination of Racial Discrimination(CERD)
- UN Convention on the Elimination of all Forms of Discrimination Against Women (CEDAW).
Until 2009, when the new constitution came into force and created the Legislative Assembly, the legislature of the islands was the Legislative Council, which had existed since the 19th century.
Judiciary
The judicial branch consists of the Supreme Court, the Court of Appeal, the Summary Court and the Magistrates' Court. The judiciary is strictly independent of the executive and legislature, although it has links with the other branches of the government through the Advisory Committee on the Prerogative of Mercy. The government also employs six lawyers (the Attorney General, Law Commissioner, two Crown Counsels and two Legislative Drafters), a Policy Adviser and one Policy Officer.[citation needed]
Courts
The court system of the Falklands is set out by
with a good amount of judicial experience in the United Kingdom. The CJ is not resident in the Falkland Islands but travels to the islands if and when necessary to hear cases. The most serious criminal and civil matters are reserved for the Supreme Court. In civil matters, generally there is no jury however, in criminal matters, the defendant can elect trial by judge and jury or judge alone. There are only a few criminal cases which must be heard before the Supreme Court; these are murder, manslaughter, rape, piracy, treason and arson with the intent to endanger life. The CJ also hears appeals from the Magistrates' Court.From the Supreme Court, appeals are sent to the Falkland Islands Court of Appeal, which is based on the
The Falkland Islands does not have its own bar or law society, but has a "Falkland Islands Legal Community". There is no differentiation between being a barrister or a solicitor; the private practitioners being called legal practitioners. The Legal Practitioners Ordinance defines who can hold themselves out as being a legal practitioner and therefore have rights of audience before the Falkland Islands courts. Only the Chief Justice of the Falkland Islands can prohibit a legal practitioner from practising.
In the court system on the islands, there is a panel of
The Senior Magistrate (SM) is appointed by the Governor and presides over the Magistrates' Court, which again has no jury. The SM is usually a UK qualified lawyer, with at least 10 years experience as an advocate and, usually, with some judicial experience. The SM holds office for a maximum of three years and is then replaced. The SM is resident in the Islands and hears the majority of cases from simple criminal and civil matters right up to very serious criminal matters or complex civil cases. The SM also hears appeals from the Summary Court.
List of chief justices
- 1987–1997: Sir Renn Davis
- 1998–2007: James Wood
- 2007–2015: Christopher Gardner QC
- 2015–2017: Simon Bryan QC (Sir Simon Bryan)
- 2018–present: James Lewis KC
Advisory Committee on the Prerogative of Mercy
The Governor has the power to grant a
Attorney general
The
The Attorney General is also a member of the
The current Attorney General is Simon Young, who took office in December 2017.[8]
Finances
The Director of Finance of the Falkland Islands is responsible for government expenditure on the islands, acting with authorisation from the Legislative Assembly. The Director is also an ex officio member of both the Legislative Assembly and the Executive Council.
There is also a Public Accounts Committee consisting of a chairman and two other members appointed by the Governor (in consultation with the elected MLAs) and two elected members of the Legislative Assembly. Reporting to the Legislative Assembly, the Committee overseas the economy, government expenditure, all public accounts and audit reports on the islands. The Director of Finance is not permitted to be a member of the Public Accounts Committee.
Elections and parties
As in many
In the
See also
- Falkland Islands Gazette – official journal of the Falkland Islands Government
References and sources
- References
- ^ "New Falklands constitution agreed". BBC News. 6 November 2008. Retrieved 15 June 2010.
- ^ "Malvinas and the Bicentennial: the Rule of Law Shadowed by the Logics of Power". MercoPress. 26 April 2010. Retrieved 15 June 2010.
- ^ "Falklands diplomatic offensive puts UK on back foot". BBC News. 24 February 2010. Retrieved 15 June 2010.
- ^ "Falklands Vote 98.8% Yes". Falkland Islands News Network. 12 March 2013. Archived from the original on 25 December 2013. Retrieved 17 April 2014.
- ^ "As of Saturday, Falklands have the first woman Governor, Ms Alison Blake CMG". MercoPress. 23 July 2022. Retrieved 14 August 2022.
- ^ "About the Executive Council?".
- Foreign and Commonwealth Office. 7 March 2012. Archived from the originalon 12 December 2012. Retrieved 28 June 2012.
- ^ "Falklands announces appointment of next Attorney General". MercoPress. 2 November 2017. Retrieved 7 February 2023.
- Sources
- L.L. Ivanov et al.. ISBN 954-91503-1-3
External links
- "Falkland Islands Government Website". falklands.gov.fk. Archived from the original on 11 December 2016. Retrieved 15 June 2010.
- "Falkland Islands (British Overseas Territory)". Foreign and Commonwealth Office. Archived from the originalon 25 September 2012. Retrieved 15 June 2010.
- "The Falkland Islands Constitution Order 2008" (PDF). falklands.gov.fk. 1 January 2009. Archived from the original (PDF) on 23 November 2009. Retrieved 15 June 2010.
- "Falkland Islands info". falklands.info. Archived from the original on 2 May 2010. Retrieved 15 June 2010.
- "World Statesmen - Falkland Islands". worldstatesmen.org. Retrieved 15 June 2010.