The Falkland Islands Constitution Order 2008

1. Introductory Text

2. 1. Citation, publication and commencement

3. 2. Interpretation

4. 3. Revocations

5. 4. Establishment of Constitution

6. 5. Existing laws

7. 6. Existing offices and officers

8. 7. Legislative Assembly

9. 8. Standing Orders

10. 9. Pending legal proceedings

11. 10. Management Code

12. 11. Power reserved to Her Majesty

13. Signature

14. 1. SCHEDULE

       The Constitution of the Falklands Islands

       1. CHAPTER I

          1. 1. Fundamental rights and freedoms of the individual

          2. 2. Protection of right to life

          3. 3. Protection from inhuman treatment

          4. 4. Protection from slavery and forced labour

          5. 5. Protection of right to personal liberty

          6. 6. Provisions to secure protection of law

          7. 7. Protection of rights of prisoners to humane treatment

          8. 8. Protection of freedom of movement

          9. 9. Protection for private and family life and for privacy of home and other property

          10. 10. Protection of right to marry and found a family

          11. 11. Protection of freedom of conscience

          12. 12. Protection of right to education

          13. 13. Protection of freedom of expression

          14. 14. Protection of freedom of assembly and association

          15. 15. Protection from deprivation of property

          16. 16. Protection from discrimination

          17. 17. Derogations from fundamental rights and freedoms under emergency powers

          18. 18. Protection of persons detained under emergency laws

          19. 19. Enforcement of protective provisions

          20. 20. Proceedings which might affect freedom of conscience

          21. 21. Proceedings which might affect freedom of expression

          22. 22. Interpretation

       2. CHAPTER II

          1. 23. The Governor

          2. 24. Acting Governor

          3. 25. Defence and internal security

       3. CHAPTER III

          1. 26. Establishment and composition of the Legislative Assembly

          2. 27. Constituencies

          3. 28. Qualifications for election

          4. 29. Disqualifications for election

          5. 30. Vacation of seats

          6. 31. Vacation of seat on sentence

          7. 32. Qualifications of electors

          8. 33. General elections and filling vacant seats

          9. 34. Dissolution

          10. 35. Recalling dissolved Legislative Assembly in case of emergency

          11. 36. Determination of questions as to membership

       4. CHAPTER IV

          1. 37. Power to make laws

          2. 38. Sittings of the Legislative Assembly

          3. 39. Presiding

          4. 40. Clerk of the Legislative Assembly

          5. 41. Participation by non-members

          6. 42. Oaths

          7. 43. Quorum

          8. 44. Voting

          9. 45. Transaction of business notwithstanding vacancies

          10. 46. Standing Orders

          11. 47. Penalty for sitting or voting when unqualified

          12. 48. Privileges of Legislative Assembly and members

          13. 49. Freedom of speech in proceedings

          14. 50. Rules for the enactment of laws

          15. 51. Introduction of Bills, etc

          16. 52. Assent to Bills

          17. 53. Publication and commencement of laws

          18. 54. Disallowance of laws

          19. 55. Governor’s reserved power

       5. CHAPTER V

          1. 56. Executive authority

          2. 57. Executive Council

          3. 58. Election of elected members of the Executive Council

          4. 59. Tenure of office of elected members of the Executive Council

          5. 60. Temporary members of the Executive Council

          6. 61. Attendance of non-members at meetings of the Executive Council

          7. 62. Summoning of meetings and agenda of the Executive Council

          8. 63. Presiding in the Executive Council

          9. 64. Oaths

          10. 65. Quorum

          11. 66. The Governor to consult the Executive Council

          12. 67. The Governor may act against advice of the Executive Council

          13. 68. The Governor may call for public officers, official papers, information or advice

          14. 69. Minutes

          15. 70. Advisory Committee on the Prerogative of Mercy

          16. 71. Power of pardon, etc

          17. 72. Powers of Attorney General in relation to criminal proceedings

          18. 73. Grants of land

       6. CHAPTER VI

          1. 74. Consolidated Fund

          2. 75. Withdrawals

          3. 76. Authorisation of expenditure

          4. 77. Expenditure in advance of appropriation

          5. 78. Contingencies Fund

          6. 79. Public debt

          7. 80. Audit

          8. 81. Public Accounts Committee

       7. CHAPTER VII

          1. 82. Power to constitute offices

          2. 83. Chief Executive

          3. 84. Power to make appointments

          4. 85. Discipline and removal of public officers

       8. CHAPTER VIII

          1. 86. Supreme Court

          2. 87. Court of Appeal

          3. 88. Appointment of judges and Senior Magistrate

          4. 89. Acting judges

          5. 90. Tenure of office of judges and Senior Magistrate

          6. 91. Oaths

          7. 92. Jurisdiction of the Court of Appeal

          8. 93. Practice and procedure on appeals to the Court of Appeal

          9. 94. Appeals to the Court of Appeal

       9. CHAPTER IX

          1. 95. Complaints Commissioner

          2. 96. Functions of Complaints Commissioner

       10. CHAPTER X

           1. 97. The Public Seal

           2. 98. Reappointments and concurrent appointments

           3. 99. Resignations

           4. 100. Interpretation

       11. ANNEX A TO THE CONSTITUTION

           1. 1. Matters having no proper relation to each other shall not...

           2. 2. All laws shall be distinguished by titles, and shall be...

           3. 3. All laws shall be numbered consecutively in a separate series...

           4. 4. Copies of all laws shall be printed and each law...

           5. 5. The Governor shall not, without having previously obtained instructions through...

           6. 6. (1) Every Bill (not being a Government measure) intended to...

           7. 7. When any law has been enacted, the Governor shall at...

       12. ANNEX B TO THE CONSTITUTION

           1. 1. Oath (or affirmation) of allegiance I, ……………………….., do swear (or...

           2. 2. Oath (or affirmation) for due execution of office I,…………………………, do...

           3. 3. Oath (or affirmation) of Secrecy I,………………………….,do swear (or solemnly affirm)...

           4. 4. Judicial Oath (or affirmation) I,…………………………., do swear (or solemnly affirm)...

15. Explanatory Note