Politics of the Falkland Islands
Encyclopedia
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
acts as the head of government
, with an elected Legislative Assembly to propose new laws and hold the executive to account.
The islands
, an archipelago in the southern Atlantic Ocean
, are a self-governing British overseas territory. Executive power is exercised on behalf of the Queen
by an appointed Governor, who primarily acts on the advice of the Executive Council
. Legislative power is vested in both the government and the Legislative Assembly. The judiciary is independent of the executive and the legislature. The military defence
and foreign policy
of the islands is the responsibility of the United Kingdom
. Politics in the Falkland Islands
is minimal as no political parties exist on the islands, and the governmental and legal proceedings very closely resemble British standards.
Following the Falklands War
in 1982, Lord Shackleton
published a report on the economy of the Falkland Islands
which recommended many modernisations. On 1 January 1983 the Falkland Islanders
gained British citizenship under the British Nationality (Falkland Islands) Act 1983
, and on 3 October 1985 the Constitution of the Falkland Islands
was established. A new constitution came into force on 1 January 2009 which modernised the Chapter on fundamental rights and freedoms of the individual, embedding self-determination
in the main body of the constitution. The new constitution also replaced the Legislative Council with the Legislative Assembly, and better explained the role of the Governor
and the Chief Executive
.
claims the Falkland Islands (known in Spanish
as Islas Malvinas) to be part of its territory. This claim is disputed by the Falkland Islanders
and the United Kingdom
. In 1982 the islands were invaded
and occupied
by the Argentine military junta, starting the Falklands War
. The islands were subsequently liberated by British forces just 74 days after the start of the war, which led to the collapse of the military dictatorship in Argentina.
The sovereignty of the Falklands remains in dispute, with Argentina claiming the islands are an integral and indivisible part of its territory
, 'illegally occupied by an occupying power'. The United Kingdom and the Government of the Falkland Islands maintains that the Islanders
have the right to determine the sovereignty
of their birthplace.
on the Falkland Islands is vested in Queen Elizabeth II, who has been the head of state
since her accession to the British throne on 6 February 1952. As the Queen is absent from the islands for most of the time, executive authority is exercised "in Her Majesty's name and on Her Majesty's behalf" by the Governor of the Falkland Islands
. Nigel Haywood
, the former Consul-General in Basra
, has been Governor since 16 October 2010.
The Governor normally acts only on the advice of the Executive Council of the Falkland Islands
, which is composed of three Members of the Legislative Assembly elected by the Assembly to serve on the Council every year, the Chief Executive
, the Director of Finance and the Governor, who acts as presiding officer
. The constitution does permit the Governor to act without the consulting the Executive Council and even go against its instructions, but in both cases the Governor must immediately inform the Secretary of State for Foreign and Commonwealth Affairs
in the United Kingdom, who can overrule the Governor's actions.
Government policy and the execution thereof is primarily decided by the Chief Executive of the Falkland Islands
who is the head of the public service, responsible for the efficient and effective management of the executive, acting as the islands' head of government
. The Chief Executive is appointed by the Governor on the advice of the Executive Council. Tim Thorogood
has been Chief Executive in January 2008.
branch consists of a unicameral
Legislative Assembly. General election
s must take place at least once every four years, in which the islanders elect eight members to the Legislative Assembly (five from Stanley
and three from Camp
). There are also two ex officio members of the Assembly (the Chief Executive
and the Director of Finance) who take part in proceedings but are not permitted to vote in the Assembly.
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.
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 five lawyers; the Attorney General, Principal Crown Counsel, Senior Crown Counsel, Crown Counsel and a Legislative Drafter.
. The Supreme Court of the Falkland Islands has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and consists of the Chief Justice
(CJ) who is generally a senior barrister or solicitor 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 Court of Appeal of England and Wales
. The Court of Appeal consists of a President and two Justices of Appeal, as well as the Chief Justice of the Supreme Court who serves as an ex officio member. The President and Justices of Appeal are normally from the UK and are Judges of the Court of Appeal of England and Wales
. Appeals from the Court of Appeal are sent to Her Majesty's Most Honourable Privy Council, which essentially is the same body as the Judicial Committee of the House of Lords.
The Falkland Islands does not have its own Bar
or Law Society
, and 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 Justices of the Peace (JPs) who sit in the Summary Court, which has no jury
. JPs are all non-lawyers and are made up of "upstanding members of the community". They hear the most simple of criminal cases (or sit when the Senior Magistrate is not in the Islands) and they also act as the Licensing Justices who deal with alcohol-related applications, such as extended opening hours, special occasion licences, etc.
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.
to any person concerned in or convicted of an offence, but the Governor can only use this power after consultation with the Advisory Committee on the Prerogative of Mercy. The Committee consist of two elected members of the Legislative Assembly (appointed by the Governor on the advice of the Legislative Assembly), the Chief Executive, the Attorney General and the Chief Medical Officer.
(AG), appointed by the Governor, is the main legal adviser to the Falkland Islands Government. The AG's primary role is to determine the legality of government proceedings and action, and has the power to institute and undertake criminal proceedings before any court of law, to take over and continue any criminal proceedings that may have been instituted by another person or authority and to discontinue at any stage before judgment any criminal proceedings instituted or undertaken another person or authority. In the exercise of his or her powers, the AG is not subject to the direction or control of any other person or authority.
The Attorney General is also a member of the Advisory Committee on the Prerogative of Mercy and acts as presiding officer
during Speaker elections in the Legislative Assembly, and may attend all meetings of the Assembly.
.
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.
s, which elect the Legislative Assembly, must take place at least once every four years. Suffrage
is universal in the Falklands, with the minimum voting age at eighteen. The Legislative Assembly has ten members, eight of which are elected and two ex officio members.
In the last general election
, which took place on 5 November 2009, only non-partisans were elected as there are no active political parties in the Falkland Islands. The next elections must be held in or before November 2013.
Constitutional monarchy
Constitutional monarchy is a form of government in which a monarch acts as head of state within the parameters of a constitution, whether it be a written, uncodified or blended constitution...
and parliamentary
Parliamentary system
A parliamentary system is a system of government in which the ministers of the executive branch get their democratic legitimacy from the legislature and are accountable to that body, such that the executive and legislative branches are intertwined....
representative democratic
Representative democracy
Representative democracy is a form of government founded on the principle of elected individuals representing the people, as opposed to autocracy and direct democracy...
dependency
Dependent territory
A dependent territory, dependent area or dependency is a territory that does not possess full political independence or sovereignty as a State, and remains politically outside of the controlling state's integral area....
as set out by the constitution
Constitution of the Falkland Islands
The Falkland Islands Constitution, in its present form, was made on 5 November 2008 by Queen Elizabeth II in a meeting of the Privy Council at Buckingham palace. It was laid before Parliament on 12 November 2008 and came into force on 1 January 2009....
, whereby the Governor
Governor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
exercises the duties of head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
in the absence of the monarch
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
and the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
acts as the head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
, with an elected Legislative Assembly to propose new laws and hold the executive to account.
The islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
, an archipelago in the southern Atlantic Ocean
Atlantic Ocean
The Atlantic Ocean is the second-largest of the world's oceanic divisions. With a total area of about , it covers approximately 20% of the Earth's surface and about 26% of its water surface area...
, are a self-governing British overseas territory. Executive power is exercised on behalf of the Queen
Monarchy of the United Kingdom
The monarchy of the United Kingdom is the constitutional monarchy of the United Kingdom and its overseas territories. The present monarch, Queen Elizabeth II, has reigned since 6 February 1952. She and her immediate family undertake various official, ceremonial and representational duties...
by an appointed Governor, who primarily acts on the advice of the Executive Council
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
. Legislative power is vested in both the government and the Legislative Assembly. The judiciary is independent of the executive and the legislature. The military defence
Military of the Falkland Islands
The Falkland Islands are an overseas territory of the United Kingdom and, as such, rely on the UK for guarantee of their security. The other UK territories in the South Atlantic, South Georgia and the South Sandwich Islands, fall under the protection of the British forces on the Falklands ,...
and foreign policy
Foreign policy
A country's foreign policy, also called the foreign relations policy, consists of self-interest strategies chosen by the state to safeguard its national interests and to achieve its goals within international relations milieu. The approaches are strategically employed to interact with other countries...
of the islands is the responsibility of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. Politics in the Falkland Islands
Falkland Islands
The Falkland Islands are an archipelago in the South Atlantic Ocean, located about from the coast of mainland South America. The archipelago consists of East Falkland, West Falkland and 776 lesser islands. The capital, Stanley, is on East Falkland...
is minimal as no political parties exist on the islands, and the governmental and legal proceedings very closely resemble British standards.
Following the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
in 1982, Lord Shackleton
Edward Shackleton, Baron Shackleton
Edward Arthur Alexander Shackleton, Baron Shackleton, KG AC OBE PC FRS , was a British geographer and Labour Party politician....
published a report on the economy of the Falkland Islands
Economy of the Falkland Islands
The economy of the Falkland Islands, which first involved sealing, whaling and provisioning ships, became heavily dependent on sheep farming from the 1870s to 1980. It then diversified and now has income from tourism, commercial fishing, and servicing the fishing industry as well as agriculture....
which recommended many modernisations. On 1 January 1983 the Falkland Islanders
Falkland Islanders
The 2006 census returns gave the population of the Falkland Islands, excluding military personnel and their families, but including staff working at the Mount Pleasant military base to be 2955. There were 1569 males and 1386 females giving a male to female ration of 1.13...
gained British citizenship under the British Nationality (Falkland Islands) Act 1983
British Nationality (Falkland Islands) Act 1983
The British Nationality Act 1983 was an Act of Parliament passed by the Parliament of the United Kingdom on 28 March 1983...
, and on 3 October 1985 the Constitution of the Falkland Islands
Constitution of the Falkland Islands
The Falkland Islands Constitution, in its present form, was made on 5 November 2008 by Queen Elizabeth II in a meeting of the Privy Council at Buckingham palace. It was laid before Parliament on 12 November 2008 and came into force on 1 January 2009....
was established. A new constitution came into force on 1 January 2009 which modernised the Chapter on fundamental rights and freedoms of the individual, embedding self-determination
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
in the main body of the constitution. The new constitution also replaced the Legislative Council with the Legislative Assembly, and better explained the role of the Governor
Governor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
and the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
.
Sovereignty issues
The Argentine RepublicArgentina
Argentina , officially the Argentine Republic , is the second largest country in South America by land area, after Brazil. It is constituted as a federation of 23 provinces and an autonomous city, Buenos Aires...
claims the Falkland Islands (known in Spanish
Spanish language
Spanish , also known as Castilian , is a Romance language in the Ibero-Romance group that evolved from several languages and dialects in central-northern Iberia around the 9th century and gradually spread with the expansion of the Kingdom of Castile into central and southern Iberia during the...
as Islas Malvinas) to be part of its territory. This claim is disputed by the Falkland Islanders
Falkland Islanders
The 2006 census returns gave the population of the Falkland Islands, excluding military personnel and their families, but including staff working at the Mount Pleasant military base to be 2955. There were 1569 males and 1386 females giving a male to female ration of 1.13...
and the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
. In 1982 the islands were invaded
1982 invasion of the Falkland Islands
On 2 April 1982, Argentine forces mounted amphibious landings of the Falkland Islands . The invasion involved an initial defence force organised by the Falkland Islands' Governor Sir Rex Hunt giving command to Major Mike Norman of the Royal Marines, the landing of Lieutenant-Commander Guillermo...
and occupied
Occupation of the Falkland Islands
The Military Administration of the Falklands, South Georgia and the South Sandwich Islands was the short-lived, Argentine-controlled government of a long disputed group of islands in the South Atlantic which had been governed by the United Kingdom since the 1833 re-establishment of British rule ...
by the Argentine military junta, starting the Falklands War
Falklands War
The Falklands War , also called the Falklands Conflict or Falklands Crisis, was fought in 1982 between Argentina and the United Kingdom over the disputed Falkland Islands and South Georgia and the South Sandwich Islands...
. The islands were subsequently liberated by British forces just 74 days after the start of the war, which led to the collapse of the military dictatorship in Argentina.
The sovereignty of the Falklands remains in dispute, with Argentina claiming the islands are an integral and indivisible part of its territory
Territorial integrity
Territorial integrity is the principle under international law that nation-states should not attempt to promote secessionist movements or to promote border changes in other nation-states...
, 'illegally occupied by an occupying power'. The United Kingdom and the Government of the Falkland Islands maintains that the Islanders
Falkland Islanders
The 2006 census returns gave the population of the Falkland Islands, excluding military personnel and their families, but including staff working at the Mount Pleasant military base to be 2955. There were 1569 males and 1386 females giving a male to female ration of 1.13...
have the right to determine the sovereignty
Self-determination
Self-determination is the principle in international law that nations have the right to freely choose their sovereignty and international political status with no external compulsion or external interference...
of their birthplace.
Executive
Executive authorityExecutive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...
on the Falkland Islands is vested in Queen Elizabeth II, who has been the head of state
Head of State
A head of state is the individual that serves as the chief public representative of a monarchy, republic, federation, commonwealth or other kind of state. His or her role generally includes legitimizing the state and exercising the political powers, functions, and duties granted to the head of...
since her accession to the British throne on 6 February 1952. As the Queen is absent from the islands for most of the time, executive authority is exercised "in Her Majesty's name and on Her Majesty's behalf" by the Governor of the Falkland Islands
Governor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
. Nigel Haywood
Nigel Haywood
Nigel Robert Haywood CVO is a British diplomat, the former British ambassador to Estonia and the current Governor of the Falkland Islands....
, the former Consul-General in Basra
Basra
Basra is the capital of Basra Governorate, in southern Iraq near Kuwait and Iran. It had an estimated population of two million as of 2009...
, has been Governor since 16 October 2010.
The Governor normally acts only on the advice of the Executive Council of the Falkland Islands
Executive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
, which is composed of three Members of the Legislative Assembly elected by the Assembly to serve on the Council every year, the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
, the Director of Finance and the Governor, who acts as presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
. The constitution does permit the Governor to act without the consulting the Executive Council and even go against its instructions, but in both cases the Governor must immediately inform the Secretary of State for Foreign and Commonwealth Affairs
Secretary of State for Foreign and Commonwealth Affairs
The Secretary of State for Foreign and Commonwealth Affairs, commonly referred to as the Foreign Secretary, is a senior member of Her Majesty's Government heading the Foreign and Commonwealth Office and regarded as one of the Great Offices of State...
in the United Kingdom, who can overrule the Governor's actions.
Government policy and the execution thereof is primarily decided by the Chief Executive of the Falkland Islands
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
who is the head of the public service, responsible for the efficient and effective management of the executive, acting as the islands' head of government
Head of government
Head of government is the chief officer of the executive branch of a government, often presiding over a cabinet. In a parliamentary system, the head of government is often styled prime minister, chief minister, premier, etc...
. The Chief Executive is appointed by the Governor on the advice of the Executive Council. Tim Thorogood
Tim Thorogood
Timothy "Tim" Rupert Thorogood is the current Chief Executive of the Falkland Islands, acting as the islands' head of government....
has been Chief Executive in January 2008.
Legislature
The legislativeLegislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
branch consists of a unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...
Legislative Assembly. General election
General election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s must take place at least once every four years, in which the islanders elect eight members to the Legislative Assembly (five from Stanley
Stanley, Falkland Islands
Stanley is the capital and only true cityin the Falkland Islands. It is located on the isle of East Falkland, on a north-facing slope in one of the wettest parts of the islands. At the 2006 census, the city had a population of 2,115...
and three from Camp
Camp (Falkland Islands)
The camp is the term used in the Falkland Islands to refer to any part of the islands outside of the islands' only significant town, Stanley, and often the large RAF base at Mount Pleasant...
). There are also two ex officio members of the Assembly (the Chief Executive
Chief Executive of the Falkland Islands
The Chief Executive of the Falklands Islands is the head of government of the Falkland Islands, as well as head of the public service responsible for the efficient and effective management of the Falkland Islands Government...
and the Director of Finance) who take part in proceedings but are not permitted to vote in the Assembly.
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 judicialJudiciary
The judiciary is the system of courts that interprets and applies the law in the name of the state. The judiciary also provides a mechanism for the resolution of disputes...
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 five lawyers; the Attorney General, Principal Crown Counsel, Senior Crown Counsel, Crown Counsel and a Legislative Drafter.
Courts
The court system of the Falklands is set out by Chapter VIII of the Constitution and closely resembles the system in England and WalesCourts of England and Wales
Her Majesty's Courts of Justice of England and Wales are the civil and criminal courts responsible for the administration of justice in England and Wales; they apply the law of England and Wales and are established under Acts of the Parliament of the United Kingdom.The United Kingdom does not have...
. The Supreme Court of the Falkland Islands has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and consists of the Chief Justice
Chief Justice
The Chief Justice in many countries is the name for the presiding member of a Supreme Court in Commonwealth or other countries with an Anglo-Saxon justice system based on English common law, such as the Supreme Court of Canada, the Constitutional Court of South Africa, the Court of Final Appeal of...
(CJ) who is generally a senior barrister or solicitor 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
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
.
From the Supreme Court, appeals are sent to the Falkland Islands Court of Appeal, which is based on the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. The Court of Appeal consists of a President and two Justices of Appeal, as well as the Chief Justice of the Supreme Court who serves as an ex officio member. The President and Justices of Appeal are normally from the UK and are Judges of the Court of Appeal of England and Wales
Court of Appeal of England and Wales
The Court of Appeal of England and Wales is the second most senior court in the English legal system, with only the Supreme Court of the United Kingdom above it...
. Appeals from the Court of Appeal are sent to Her Majesty's Most Honourable Privy Council, which essentially is the same body as the Judicial Committee of the House of Lords.
The Falkland Islands does not have its own Bar
Bar (law)
Bar in a legal context has three possible meanings: the division of a courtroom between its working and public areas; the process of qualifying to practice law; and the legal profession.-Courtroom division:...
or Law Society
Law society
A Law Society in current and former Commonwealth jurisdictions was historically an association of solicitors with a regulatory role that included the right to supervise the training, qualifications and conduct of lawyers/solicitors...
, and there is no differentiation between being a barrister
Barrister
A barrister is a member of one of the two classes of lawyer found in many common law jurisdictions with split legal professions. Barristers specialise in courtroom advocacy, drafting legal pleadings and giving expert legal opinions...
or a solicitor
Solicitor
Solicitors are lawyers who traditionally deal with any legal matter including conducting proceedings in courts. In the United Kingdom, a few Australian states and the Republic of Ireland, the legal profession is split between solicitors and barristers , and a lawyer will usually only hold one title...
; 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 Justices of the Peace (JPs) who sit in the Summary Court, which has no jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. JPs are all non-lawyers and are made up of "upstanding members of the community". They hear the most simple of criminal cases (or sit when the Senior Magistrate is not in the Islands) and they also act as the Licensing Justices who deal with alcohol-related applications, such as extended opening hours, special occasion licences, etc.
The Senior Magistrate (SM) is appointed by the Governor and presides over the Magistrates' Court
Magistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
, which again has no jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. The SM is usually a UK qualified lawyer, with at least 10 years experience as an advocate
Advocate
An advocate is a term for a professional lawyer used in several different legal systems. These include Scotland, South Africa, India, Scandinavian jurisdictions, Israel, and the British Crown dependencies of Jersey, Guernsey and the Isle of Man...
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.
Advisory Committee on the Prerogative of Mercy
The Governor has the power to grant a pardonPardon
Clemency means the forgiveness of a crime or the cancellation of the penalty associated with it. It is a general concept that encompasses several related procedures: pardoning, commutation, remission and reprieves...
to any person concerned in or convicted of an offence, but the Governor can only use this power after consultation with the Advisory Committee on the Prerogative of Mercy. The Committee consist of two elected members of the Legislative Assembly (appointed by the Governor on the advice of the Legislative Assembly), the Chief Executive, the Attorney General and the Chief Medical Officer.
Attorney General
The Attorney GeneralAttorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
(AG), appointed by the Governor, is the main legal adviser to the Falkland Islands Government. The AG's primary role is to determine the legality of government proceedings and action, and has the power to institute and undertake criminal proceedings before any court of law, to take over and continue any criminal proceedings that may have been instituted by another person or authority and to discontinue at any stage before judgment any criminal proceedings instituted or undertaken another person or authority. In the exercise of his or her powers, the AG is not subject to the direction or control of any other person or authority.
The Attorney General is also a member of the Advisory Committee on the Prerogative of Mercy and acts as presiding officer
Presiding Officer
In a general sense, presiding officer is synonymous with chairman.* The presiding officer of the United States House of Representatives is the Speaker of the United States House of Representatives...
during Speaker elections in the Legislative Assembly, and may attend all meetings of the Assembly.
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 CouncilExecutive Council of the Falkland Islands
The Executive Council of the Falkland Islands is the policy making body of the Government of the Falkland Islands, exercising executive power by advising the Governor...
.
There is also a Public Accounts Committee consisting of a chairman and two other members appointed by the Governor
Governor of the Falkland Islands
The Governor of the Falkland Islands is the representative of the British Crown in the Falkland Islands, acting "in Her Majesty's name and on Her Majesty's behalf" as the islands' de facto head of state in the absence of the British monarch...
(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 parliamentary democracies, there are no direct elections for the executive branch of the Falkland Islands Government. Instead the people elect the legislature which then advises and forms part of the executive. General electionGeneral election
In a parliamentary political system, a general election is an election in which all or most members of a given political body are chosen. The term is usually used to refer to elections held for a nation's primary legislative body, as distinguished from by-elections and local elections.The term...
s, which elect the Legislative Assembly, must take place at least once every four years. Suffrage
Suffrage
Suffrage, political franchise, or simply the franchise, distinct from mere voting rights, is the civil right to vote gained through the democratic process...
is universal in the Falklands, with the minimum voting age at eighteen. The Legislative Assembly has ten members, eight of which are elected and two ex officio members.
In the last general election
Falkland Islands general election, 2009
The Falkland Islands general election of 2009 was held on Thursday 5 November 2009 to elect members to the Legislative Assembly. It was the first general election in the Falkland Islands since the new constitution came into force on 1 January 2009, which replaced the old Legislative Council with...
, which took place on 5 November 2009, only non-partisans were elected as there are no active political parties in the Falkland Islands. The next elections must be held in or before November 2013.