Falkland Islands Constitution Order 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/444 |
1985 No. 444
SOUTH ATLANTIC TERRITORIES
The Falkland Islands Constitution Order 198520thMarch 1985
28thMarch 1985
18thApril 1985
At the Court at Buckingham Palace, the 20th day of March 1985
Present,
The Queen's Most Excellent Majesty in Council
Her Majesty, by virtue and in exercise of the powers vested in Her by the British Settlements Acts 1887 and 1945(a), and of all other powers enabling Her in that behalf is pleased, by and with the advice of Her Privy Council, to order, and it is hereby ordered, as follows:—
Citation, publication and commencement
1.—(1) This Order may be cited as the Falkland Islands Constitution Order 1985.
(2) This Order shall be published in the Gazette.
(3) This Order shall come into operation on the 18th day of April 1985.
Interpretation
2.—(1) In this Order, unless the context otherwise requires—
"the appointed day" means such day (being the day appointed for polling at the general election of elected members of the Legislative Council next following the commencement of this Order) as may be prescribed by the Civil Commissioner by proclamation published in the Gazette;
"the Constitution" means the Constitution set out in Schedule 1 to this Order;
"the Falkland Islands" means the colony of the Falkland Islands.
(2) The provisions of sections 87 to 89 of the Constitution shall apply for the purposes of interpreting sections 1 to 5 of, and Schedules 2 and 3 to, this Order
(a) 1887 c. 54 and 1945 c. 7 (9 & 10 Geo. 6).
and otherwise in relation thereto as they apply for the purpose of interpreting and in relation to the Constitution.
Constitution
3. Subject to the transitional provisions set out in Schedule 3 to this Order, the Constitution shall come into effect in the Falkland Islands on the appointed day.
Revocation
4. The instruments specified in Schedule 2 to this Order are revoked with effect from the appointed day.
Power reserved to Her Majesty
5. There is reserved to Her Majesty full power to make laws for the peace, order and good government of the Falkland Islands including, without prejudice to the generality of the foregoing, laws amending or revoking this Order or the Schedules hereto.
G. I. de Deney, Clerk of the Privy Council.
SCHEDULE 1 TO THE ORDER
THE CONSTITUTION OF THE FALKLAND ISLANDS
Arrangement of Sections
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Section
1. Fundamental rights and freedoms of the individual.
2. Protection of right to life.
3. Protection of right to personal liberty.
4. Protection from slavery and forced labour.
5. Protection from inhuman treatment.
6. Protection of freedom of movement.
7. Protection from deprivation of property.
8. Protection of person or property from arbitrary search or entry.
9. Protection of freedom of conscience.
10. Protection of freedom of expression including freedom of the press.
11. Protection of freedom of assembly and association.
12. Protection from discrimination on grounds of race, sex etc.
13. Provisions to secure protection of the law.
14. Derogations from fundamental rights and freedoms under emergency powers.
15. Protection of persons detained under emergency laws.
16. Enforcement of protective provisions.
17. Interpretation and savings.
CHAPTER II
THE GOVERNOR
18. The Governor.
19. Acting Governor.
20. Defence and internal security.
CHAPTER III
THE LEGISLATURE
21. Establishment and composition of the Legislative Council.
22. Constituencies.
23. Qualifications for election.
24. Disqualifications for election.
25. Vacation of seats.
26. Vacation of seat on sentence.
27. Qualifications of electors.
28. General elections and filling vacant seats.
29. Prorogation and dissolution.
30. Determination of questions as to membership.
CHAPTER IV
POWERS AND PROCEDURES OF THE LEGISLATIVE COUNCIL
31. Power to make laws.
32. Sessions of the Legislative Council.
33. Presiding.
34. Clerk of the Legislative Council.
35. Participation by non-members.
36. Oaths.
37. Quorum.
38. Voting.
39. Transaction of business notwithstanding vacancies.
40. Standing Orders.
41. Penalty for sitting or voting when unqualified.
42. Privileges of the Legislative Council and members.
43. Freedom of speech in proceedings.
44. Rules for the enactment of laws.
45. Introduction of Bills, etc.
46. Assent to Bills.
47. Publication and commencement of laws.
48. Disallowance of laws.
49. Governor's reserved power.
CHAPTER V
THE EXECUTIVE
50. Executive authority.
51. Executive Council.
52. Election of elected members of the Executive Council.
53. Tenure of office of elected members of the Executive Council.
54. Temporary members of the Executive Council.
55. Attendance of non-members at meetings of the Executive Council.
56. Summoning of meetings of the Executive Council.
57. Presiding in the Executive Council.
58. Oaths.
59. Quorum.
60. The Governor to propose questions.
61. The Governor to consult the Executive Council.
62. The Governor may act against advice of the Executive Council.
63. Minutes.
64. Advisory Committee on the Prerogative of Mercy.
65. Power of pardon etc.
66. Powers of Attorney-General in relation to criminal proceedings.
67. Grants of land.
CHAPTER VI
FINANCE
68. Consolidated Fund.
69. Withdrawals.
70. Authorisation of expenditure.
71. Expenditure in advance of appropriation.
72. Contingencies Fund.
73. Public debt.
74. Audit.
CHAPTER VII
THE PUBLIC SERVICE
75. Power to constitute offices.
76. Power to make appointments, etc.
CHAPTER VIII
THE JUDICATURE
77. Supreme Court.
78. Court of Appeal.
79. Appointment of judges.
80. Acting judges.
81. Tenure of office of judges.
82. Oaths.
83. Jurisdiction of the Court of Appeal.
84. Practice and procedure on appeals to the Court of Appeal.
85. Appeals to the Court of Appeal.
CHAPTER IX
MISCELLANEOUS
86. The Public Seal.
87. Reappointments and concurrent appointments.
88. Resignations.
89. Interpretation.
ANNEX A TO THE CONSTITUTION
RULES FOR THE ENACTMENT OF LAWS.
ANNEX B TO THE CONSTITUTION
OATHS AND AFFIRMATIONS.
CHAPTER I
PROTECTION OF FUNDAMENTAL RIGHTS AND FREEDOMS OF THE INDIVIDUAL
Whereas all peoples have the right of self-determination and by virtue of that right they freely determine their political status and freely pursue their economic, social and cultural development and may, for their own ends, freely dispose of their natural wealth and resources without prejudice to any obligations arising out of international economic co-operation, based upon the principle of mutual benefit and international law;
And whereas the realization of the right of self-determination must be promoted and respected in conformity with the provisions of the Charter of the United Nations;
And whereas every person in the Falkland Islands is entitled to the fundamental rights and freedoms of the individual, that is to say, the right, regardless of race, place of origin, political opinions or affiliations, colour, creed or sex, but subject to respect for the rights and freedoms of others and for the public interest, to each and all of the following, namely
(a) life, liberty, security of the person, the enjoyment of property and the protection of the law;
(b) freedom of conscience, of expression (including freedom of the press) and of peaceful assembly and association; and
(c) protection for his family life, his personal privacy, the privacy of his home and other property and from deprivation of property without fair compensation:
Fundamental rights and freedoms of the individual.
1. The provisions of this Chapter shall have effect for the purpose of affording protection to the aforesaid individual rights and freedoms, subject to such limitations on that protection as are contained in those provisions, being limitations designed to ensure that the enjoyment of the said rights and freedoms by any individual does not prejudice the rights and freedoms of others or the public interest.
Protection of right to life.
2.—(1) No person shall be deprived of his life intentionally save in execution of the sentence of a court in respect of a crime of treason of which he has been convicted.
(2) A person shall not be regarded as having been deprived of his life in contravention of this section if he dies as the result of the use, to such extent and in such circumstances as are permitted by law, of such force as is reasonably justifiable—
(a) for the defence of any person from violence or for the defence of property;
(b) in order to effect a lawful arrest or to prevent the escape of a person lawfully detained;
(c) for the purpose of suppressing a riot, insurrection or mutiny; or
(d) in order to prevent the commission by that person of a criminal offence,
or if he dies as the result of a lawful act of war.
Protection of right to personal liberty.
3.—(1) No person shall be deprived of his personal liberty save as may be authorised by law in any of the following cases, that is to say—
(a) in consequence of his unfitness to plead to a criminal charge;
(b) in execution of the sentence or order of a court, whether established for the Falkland Islands or some other country, in respect of a criminal offence of which he has been convicted;
(c) in execution of an order of a court punishing him for contempt of that court or of another court or of a tribunal;
(d) in execution of the order of a court made in order to secure the fulfilment of any obligation imposed on him by law;
(e) for the purpose of bringing him before a court in execution of the order of a court;
(f) upon reasonable suspicion of his having committed or of being about to commit a criminal offence under any law;
(g) under the order of a court or with the consent of his parent or guardian, for his education or welfare during any period ending not later than the date when he attains the age of eighteen years;
(h) for the purpose of preventing the spread of an infectious or contagious disease;
(i) in the case of a person who is, or is reasonably suspected to be, of unsound mind, addicted to drugs or alcohol, or a...
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