The Gibraltar Affair

Published date01 June 1967
DOI10.1177/002070206702200207
AuthorD. J. Heasman
Date01 June 1967
Subject MatterArticle
The
Gibraltar
Affair
D.
J.
Heasman*
Gibraltar's
advance
towards
self-government
has
been
more
recent
and
more
rapid
than
in
other
British
colonies,
but
the
steps
along
the
way have
been
much
the
same.
The
establishment
of
a
legislative
council
in 1950,
with,
at
first, a
minority
and
then
a
majority
of
its
membership
elected,
led
to
the
introduction
of
the
usual
ministerial
system. The
present constitution,
which
has
been
in
effect
since
1964,
provides
for
a
legislative
council
of eleven
members
elected
by proportional
representation
to-
gether
with
two
ex
officto
members.
Drawn
from
it
and
answer
able
to
it
are
a
council
of
ministers,
headed
by
a
chief
minister
whose
"recommendations"
are
generally
accepted by
the
formal
executive
body
the
Gibraltar
Council,
which
consists
of
the
Governor,
the
Chief
Minister
and
four
of
his
ministerial
col-
leagues,
together
with
four
ex
officto
members.
These
developments,
the
legitimacy
of
which
Spain
refuses
to
recognize,
have a
bearing
on
the
current
dispute.
For
Spain,
there
is
a
clear
distinction
between
the
City
Council, which
from
its
inception
in
1921
was
to
be
as
patently
subordinate
to
the
British
Government
and
Parliament
as
any
other
British
munici-
pality
and
these
newer
institutions,
which,
as
elsewhere,
suggest
a
certain
derogation-perhaps
eventually
a
total
one-from
British
sovereignty
The
terms
of
the
Treaty
of
Utrecht
of
1713'
are
clear
so
far
as
the
latter
eventuality
is
concerned:
having
said
that
the teritory
is
"to
be
held
and
enjoyed absolutely
with
all
manner
of
right
for
ever,
without
any
exception
or
impedi-
ment
whatsoever"
it
continues:
"in
case
it
shall
hereafter
seem
meet
to
the
Crown
of
Great
Britain
to
grant,
sell,
or by
any
means
alienate
the
propriety
of
the
said
town
of
Gibraltar,
it
is
hereby agreed
and
concluded
that
the
preference
of
having
the
Department
of
Economics
and
Political
Science,
University
of
Sas-
katchewan.
I
The
Treaty
was
reaffirmed
in
the
Treaties
of
Pans
and
Versailles
of
1763
and
1783
respectively.
British
claims
inter
alia
to
Florida and
Minorca
were
conceded
in
return.

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