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17. The Governor does not have powers to legislate in his own right where the Legislature will not pass legislation required for the dis- charge of his special responsibilities.
18. The Governor, acting in accordance with the advice of the Chief Minister, may at any time prorogue or dissolve the Legislature.
Involvement in the Judicial Process
19.
Capital punishment still exists in Montserrat.
The Governor may, in his discretion, decide whether the prerogative of mercy should be exercised. Its use in the recent past caused trouble locally; its use in the future could probably have the same result. He also appoints High Court Judges and Magistrates on the advice of the Judicial Service Commission. He plays no other part in the judicial process.
In short, the Governor has inadequate constitutional power to be able to govern except at times by bluff and cajolery.
Special Qualities Required
20. The size of this mini-Colony, the smallness of its population and their volatile temperament are major problems for the Governor. The village politics, in which everyone knows everyone and his business make back stairs intrigue endemic and the life of the Governor lonely. The Governor is constitutionally weak; he has no discretion to reject the advice of his Executive Council over matters of internal affairs and his powers in the exercise of his special responsibilities are circumscribed by the need to consult the Executive Council. In exter- nal affairs, which are mainly regional affairs, the Governor has necessarily to delegate substantially to the Chief Minister and to the Ministers who represent the Colony at regional gatherings. The Minis- ters have then frequently to be restrained from committing themselves to policies, especially fiscal ones, which run contrary to our inter- ests, even though such policies may be intended to integrate Montserrat more fully into the region.
21. Against this background of political deviousness and resentment without the support of a really loyal Civil Service, the Governor, if he is to keep the Government on an even keel and pointing in the right direction, needs to have considerable political acumen and experience. This is particularly true now with relatively new and inexperienced ministers, who need to be carefully led and guided if they are to be- come a cohesive and effective government. The problems in achieving this could be exacerbated by the Chief Minister's strong headed and somewhat arrogant personality, plus the differences between himself and his Deputy and the division of business/union interests that exist between supporters of his party.
22. Constitutional advance leading to independence is largely dependent upon improving the weak economy, but since responsibility for this rests with relatively inexperienced ministers, it is very desirable that the Governor has sufficient experience of economic development
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