VOLUME 8
RESTRICTED
CHAPTER 6
6.1 6.3
CONSTITUTIONAL MATTERS
6.1 CONSTITUTION OF DEPENDENT TERRITORIES
6.1.1
6.1.2
6.1.3
6.1.4
Dependent Territories are at various stages of constitutional development. With the exception of Pitcairn, Ascension Island and Tristan da Cunha, each has some form of legislative and Executive Council (roughly equivalent to an upper and lower chamber). The Executive Council deals with day to day government business and the Legislative Council debates and approves
government legislative measures necessary to carry out executive decisions. All DTs (except ting Kang and
those mentioned above) have Ministerial primary executives in government with a party system representation. A table showing the constitutional position of each DT is given at Annex 8.
The extent to which the OAG may or must act in accordance with the advice of the Executive Council, the relationship of the legislature to the executive and the extent to which the representative principle of democratic government is reflected in the constitution, vary considerably from Territory to Territory.
The constitutions of most DTs include basic civil human rights guarantees and provisions to preserve the independence of the judiciary and the protection of the public service from political and other pressures.
Descriptions in general terms of present constitutions are in the Yearbook of the Commonwealth. Reference should be made to DT General Section for more current information (see para 6.2).
1
6.2
CONSTITUTIONAL INSTRUMENTS
Unlike the British constitution those of the DTS are written. They are set out in a variety of constitutional instruments. The constitution may be contained in Orders in Council, Letters Patent issued to the OAG and Ordinances or other enactments of the DT itself. In addition, Royal Instructions may act as supplementary to the constitution. There are also other relevant enactments relating to electoral registration and procedures (see Chapter 8). Copies of current constitutional instruments can be consulted in the DT General Section. Legal Advisers should be consulted at all times if reliance is to be placed on constitutional instruments.
6.3
CHANGES IN CONSTITUTIONS OF DTS OTHER THAN AT INDEPENDENCE
granting
The constitution of a DT is normally changed by either drafting a new constitution or by
usually amending the existing constitution. The change is effected by an Order in Council made by The Queen in Privy Council in exercise of the powers by virtue of which She legislates for DTs. The source of these powers varies; for some DTs they derive from the Royal Prerogative and for others from an Act of Parliament. Other instruments may be amended at the same time to conform with the provisions of the new constitution.
October 1978
37
RESTRICTED