Editing Politics of the Falkland Islands

{{Short description|none}}{{Use British English|date=August 2023}}
{{Use dmy dates|date=August 2023}}
{{more citations needed|date=April 2014}}
{{Politics of the Falkland Islands}}
The '''politics of the Falkland Islands''' takes place in a framework of a [[constitutional monarchy]] and [[parliamentary system|parliamentary]] [[representative democracy|representative democratic]] [[Dependent territory|dependency]] as set out by the [[Constitution of the Falkland Islands|constitution]], whereby the [[Governor of the Falkland Islands|Governor]] exercises the duties of [[head of state]] in the absence of the [[Monarchy of the United Kingdom|monarch]], and the [[Chief Executive of the Falkland Islands|Chief Executive]] is the head of the Civil Service, with an elected [[Legislative Assembly of the Falkland Islands|Legislative Assembly]] to propose new laws, national policy, approve finance and hold the executive to account.

The [[Falkland Islands]], an archipelago in the southern [[Atlantic Ocean]], are a self-governing [[British overseas territory]]. Executive power is exercised on behalf of [[Monarchy of the United Kingdom|the King]] by an appointed Governor, who primarily acts on the advice of the [[Executive Council of the Falkland Islands|Executive Council]]. Legislative power is vested in both the government and the [[Legislative Assembly of the Falkland Islands|Legislative Assembly]]. The [[Independence of the judiciary|judiciary is independent]] of the executive and the legislature. The [[Military of the Falkland Islands|military defence]] and [[foreign policy]] of the islands is the responsibility of the [[United Kingdom]]. No political parties exist on the islands currently and so Members stand as independents, however the governmental and legal proceedings very closely resemble British standards.

Following the [[Falklands War]] in 1982, [[Edward Shackleton, Baron Shackleton|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 of the Falkland Islands|Governor]] and the [[Chief Executive of the Falkland Islands|Chief Executive]].<ref>{{cite news |title=New Falklands constitution agreed |newspaper=[[BBC News]] |date= 2008-11-06 |url=http://news.bbc.co.uk/1/hi/uk_politics/7713948.stm |access-date=2010-06-15}}</ref>

==Sovereignty issues==
{{see also|Falkland Islands sovereignty dispute}}
The [[Argentina|Argentine Republic]] claims the Falkland Islands (known in [[Spanish language|Spanish]] as ''Islas Malvinas'') to be part of its territory. This claim is disputed by the [[Falkland Islanders]] and the [[United Kingdom]]. In 1982, Argentina [[1982 invasion of the Falkland Islands|invaded]] and [[Occupation of the Falkland Islands|occupied]] the islands, starting the [[Falklands War]]. The islands were subsequently [[Argentine surrender in the Falklands War|liberated by British forces]] just 74 days after the start of the war, which led to the collapse of the [[Argentine military junta|military dictatorship in Argentina]].

The sovereignty of the Falklands remains in dispute, with Argentina claiming the islands are an [[Territorial integrity|integral and indivisible part of its territory]], 'illegally occupied by an occupying power'.<ref>{{cite news |title=Malvinas and the Bicentennial: the Rule of Law Shadowed by the Logics of Power |newspaper=MercoPress |date= 26 April 2010 |url=http://en.mercopress.com/2010/04/26/malvinas-and-the-bicentennial-the-rule-of-law-shadowed-by-the-logics-of-power|access-date=2010-06-15}}</ref> The United Kingdom and the [[Government of the Falkland Islands]] maintains that the [[Falkland Islanders|Islanders]] have the [[Self-determination|right to determine the sovereignty]] of their birthplace.<ref>{{cite news |title=Falklands diplomatic offensive puts UK on back foot |newspaper=[[BBC News]] |date= 24 February 2010 |url=http://news.bbc.co.uk/1/hi/world/americas/8534901.stm |access-date=2010-06-15}}</ref> In a [[2013 Falkland Islands sovereignty referendum|referendum in 2013]] the people of the Falkland Islands soundly rejected Argentina's claim to the islands, with 99.8% of voters supporting the Falklands remaining an [[British Overseas Territory|Overseas Territory]] of the United Kingdom.<ref>{{cite news | url=http://www.falklandnews.com/public/story.cfm?get=6491&source=3 | archive-url=https://web.archive.org/web/20131225071801/http://www.falklandnews.com/public/story.cfm?get=6491&source=3 | url-status=dead | archive-date=25 December 2013 | title=Falklands Vote 98.8% Yes | work=Falkland Islands News Network | date=12 March 2013 | access-date=17 April 2014 }}</ref>

==Executive==
[[File:Falkland Islands Office Westminster.jpg|thumb|right|Falkland House, the representative office for the Falkland Islands Government in [[Westminster]], [[London]]]]
{{see also|Governor of the Falkland Islands|Chief Executive of the Falkland Islands|Executive Council of the Falkland Islands}}
[[Executive (government)|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.<ref>{{cite news |title= As of Saturday, Falklands have the first woman Governor, Ms Alison Blake CMG |newspaper=MercoPress |date= 23 July 2022 |url=https://en.mercopress.com/2022/07/23/as-of-saturday-falklands-have-the-first-woman-governor-ms-alison-blake-cmg |access-date=14 August 2022}}</ref>

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 of the Falkland Islands|Legislative Assembly]] elected by the Assembly to serve on the Council every year, the [[Chief Executive of the Falkland Islands|Chief Executive]], the [[Director of Finance of the Falkland Islands|Director of Finance]] and the Governor, who acts as [[Chairman|presiding officer]]. The only members with a vote to progress a change in law or policy are the democratically elected Members of the Legislative Assembly who are serving on Executive Council. The constitution does permit the Governor to act without consulting the Executive Council and even going 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 3 officio Executive Council MLAs. The Chief Executive leads the civil service and undertakes actions from Executive Council. <ref>{{cite web | url=https://www.falklands.gov.fk/assembly/executive-council/about | title=About the Executive Council? }}</ref>

==Legislature==
{{see also|Legislative Assembly of the Falkland Islands}}
The [[legislature|legislative]] branch consists of a [[unicameralism|unicameral]] [[Legislative Assembly of the Falkland Islands|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, Falkland Islands|Stanley]] and three from [[Camp (Falkland Islands)|Camp]]) through [[universal suffrage]] using [[Plurality-at-large voting|block voting]]. There are also two [[ex officio member]]s of the Assembly (the [[Chief Executive of the Falkland Islands|Chief Executive]] and the [[Director of Finance of the Falkland Islands|Director of Finance]]) who take part in proceedings but are not permitted to vote in the Assembly.

The following major conventions apply to the Falkland Islands and should be taken into account during the drafting of legislation:<ref>{{cite web
 |url         = http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=politics
 |title       = Falkland Islands (British Overseas Territory
 |work        = Travel & living abroad: South America and South Atlantic Islands
 |publisher   = [[Foreign and Commonwealth Office]]
 |date        = 7 March 2012
 |access-date  = 28 June 2012
 |url-status     = dead
 |archive-url  = http://webarchive.nationalarchives.gov.uk/20121212135632/http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=politics
 |archive-date = 12 December 2012
}}</ref>
*[[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)
*[[Convention on the Elimination of All Forms of Racial Discrimination|UN Convention on the Elimination of Racial Discrimination]] (CERD)
*[[Convention on the Elimination of All Forms of Discrimination Against Women|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 [[judiciary|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|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.{{cn|date=December 2021}}

===Courts===
The court system of the Falklands is set out by [[Constitution of the Falkland Islands#Chapter VIII: The Administration of Justice|Chapter VIII of the Constitution]] and closely resembles the [[Courts of England and Wales|system in England and Wales]]. 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 the [[Judicial Committee of the Privy Council]].

The Falkland Islands does not have its own [[bar (law)|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 [[Justices of the Peace]] (JPs) who sit in the [[Summary Court of the Falkland Islands|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.

==== List of chief justices ====

* 1987–1997: [[Renn Davis|Sir Renn Davis]]
* 1998–2007: James Wood
* 2007–2015: Christopher Gardner QC
* 2015–2017: [[Simon Bryan|Sir Simon Bryan QC]]
* 2018–present: James Lewis KC

===Advisory Committee on the Prerogative of Mercy===
The Governor has the power to grant a [[pardon]] 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 of the Falklands|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 General]] (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, or to discontinue at any stage before judgment any criminal proceedings instituted or undertaken by 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 [[Chairman|presiding officer]] during Speaker elections in the Legislative Assembly, and has a constitutional right to attend all meetings of the Assembly and all meetings of the Executive Council.

The current Attorney General is Simon Young, who took office in December 2017.<ref>{{cite news |title=Falklands announces appointment of next Attorney General |url=https://en.mercopress.com/2017/11/02/falklands-announces-appointment-of-next-attorney-general |access-date=7 February 2023 |publisher=MercoPress |date=2 November 2017}}</ref>

==Finances==
{{see also|Economy of the Falkland Islands}}
The Director of Finance of the Falkland Islands is responsible for government expenditure on the islands, acting with authorisation from the [[Legislative Assembly of the Falkland Islands|Legislative Assembly]]. The Director is also an [[ex officio member]] of both the Legislative Assembly and the [[Executive Council of the Falkland Islands|Executive Council]].

There is also a Public Accounts Committee consisting of a chairman and two other members appointed by the [[Governor of the Falkland Islands|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==
{{see also|2021 Falkland Islands general election}}
[[File:Falkland Islands constituency map.svg|thumb|Map of constituencies of the Falkland Islands]]
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 election]]s, which elect the [[Legislative Assembly of the Falkland Islands|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 using [[Plurality-at-large voting|block voting]] (five from the [[Stanley (constituency)|Stanley constituency]] and three from the [[Camp (constituency)|Camp constituency]]) and two ''ex officio'' members (the [[Chief Executive of the Falkland Islands|Chief Executive]] and the [[Director of Finance of the Falkland Islands|Director of Finance]]).

In the [[2021 Falkland Islands general election|last general election]], which took place on 4 November 2021, only non-partisans were elected as there are no active political parties in the Falkland Islands. The [[2025 Falkland Islands general election|next elections]] will take place in 2025.

Historically, there have been two political parties in the Falkland Islands:

* [[Desire the Right Party]] (active 1987–1996)
* [[National Progressive Party (Falkland Islands)|National Progressive Party]] (active in the 1960s)<ref>{{cite book |author=M. González |url=https://books.google.com/books?id=Cx1EAgAAQBAJ&pg=PT306 |title=The Genesis of the Falklands (Malvinas) Conflict: Argentina, Britain and the Failed Negotiations of the 1960s |date=2013 |publisher=Springer |isbn=978-1-137-35423-5 |pages=306– |accessdate=6 April 2016}}</ref><ref name="npp">{{cite web |date=November 1964 |title=Falkland Islands National Progressive Party |url=http://www.fig.gov.fk/archives/jdownloads/Falkland |url-status=bot: unknown |archiveurl=https://web.archive.org/web/20161122223103/http://www.fig.gov.fk/archives/jdownloads/Falkland%20Islands%20Monthly%20Review/1964%204%20Oct-Dec.pdf |archivedate=22 November 2016 |accessdate=22 November 2016 |work=Falkland Islands Monthly Review}}</ref>

==See also==
*''[[Falkland Islands Gazette]]'' – official journal of the Falkland Islands Government

==References and sources==
;References
{{Reflist}}
;Sources
* L.L. Ivanov ''et al.''. [[wikisource:The Future of the Falkland Islands and Its People|''The Future of the Falkland Islands and Its People''.]] Sofia: Manfred Wörner Foundation, 2003. Printed in Bulgaria by Double T Publishers. 96 pp.&nbsp;{{ISBN|954-91503-1-3}}

==External links==
* {{cite web|url=http://www.falklands.gov.fk/|title=Falkland Islands Government Website|publisher=falklands.gov.fk|access-date=2010-06-15|url-status=dead|archive-url=https://web.archive.org/web/20161211102148/http://www.falklands.gov.fk/|archive-date=2016-12-11}}
* {{cite web|url=http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=all|title=Falkland Islands (British Overseas Territory)|work=[[Foreign and Commonwealth Office]]|access-date=2010-06-15|url-status=dead|archive-url=https://web.archive.org/web/20120925223037/http://www.fco.gov.uk/en/travel-and-living-abroad/travel-advice-by-country/country-profile/south-america/falkland-islands/?profile=all|archive-date=2012-09-25}}
* {{cite web|url=http://www.falklands.gov.fk/assembly/documents/The%20Falkland%20islands%20Constitution%20Order%202008.pdf |title=The Falkland Islands Constitution Order 2008 |date=1 January 2009 |publisher=falklands.gov.fk |access-date=2010-06-15 |url-status=dead |archive-url=https://web.archive.org/web/20091123063145/http://www.falklands.gov.fk/assembly/documents/The%20Falkland%20Islands%20Constitution%20Order%202008.pdf |archive-date=November 23, 2009 }} 
* {{cite web|url=http://www.falklands.info/background/governors.html|title=Falkland Islands info|publisher=falklands.info|access-date=2010-06-15|url-status=dead|archive-url=https://web.archive.org/web/20100502092432/http://www.falklands.info/background/governors.html|archive-date=2010-05-02}}
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