British Overseas Territories Law

Abstract

1. Introduction The British Overseas Territories Dependent Territories Colonies Her Majesty's Dominions British Possessions The United Kingdom The British Islands The Channel Islands and the Isle of Man Protectorates, Protected States and Associated States Means of Acquisition of the Territories Colonial Boundaries Commonwealth Membership The Territories' Constitutional Arrangements The Laws of the Territories Human Rights Protection Defence and Security The Nationality of the Territories' Inhabitants Public Finance The Territories in International Law The Territories and the European Union The Termination of British Sovereignty 2. Constitutional Arrangements The Legal Basis for the Territories' Constitutions The Constitutional Relationship Between the Territories and the United Kingdom Constitutional Amendment and Review 3. The Office of Governor The Title of the Office The Position and Status of Governor The Authority of the Office of Governor Instructions to a Governor Colonial Regulations Executive Functions of a Governor Functions of a Governor in the Legislative Field Emergency Powers Functions of a Governor in the Judicial Field Acting Governors Governors' Deputies Oaths or Affirmations to be Taken by Governors Legal Liability of Governors Petitions The Office of Deputy Governor Governor's Staff 4. Legislative Authority and Controls Legislative Authorities in the United Kingdom Legislative Authorities in the Overseas Territories Scope of Local Legislative Authority Executive Controls on Locally-enacted Legislation Judicial Controls 5. Executive Authority and Controls Executive Government in the Territories Controls Over Executive Government The Public Service 6. Judicial Authority Legal Basis for the Establishment of Courts The Courts of the Overseas Territories Judicial Service Commissions Judicial Appointments Judicial Security of Tenure Judicial Independence Generally 7. The Law Officers The Role of the Attorney General Appointment and Security of Tenure Constitutional Independence Director of Public Prosecutions 8. Sources of Law Statute Law Common Law and Rules of Equity Judicial Decisions Existing Laws Provisions in Constitution Orders 9. Human Rights in the Territories Constitutional Human Rights Provisions Derogation from Fundamental Rights and Freedoms Under Emergency Powers Detention Under Emergency Laws Enforcement of Protective Provisions Human Rights Commissions Complaints Commissioners International Human Rights Instruments and The Overseas Territories 10. Defence, Public Order and Security, and Emergency Powers Defence Public Order and Security Emergency Powers 11. Nationality and Belonger Status Nationality Belonger Status 12. Public Finance Constitutional Responsibility Revenue Consolidated Fund and other Funds Expenditure Borrowing and Lending Audit Public Accounts Committees Assistance to the Territories Financial Liability 13. External Relations Constitutional Responsibility General Entrustments Legislative Action and Controls Consular Relations and External Representation Extradition Appendix 1 Appendix 2 14. The Territories in International Law The Charter of the United Nations Self-determination Treaties Entrustments Agreements Between Territories or Between a Territory and The United Kingdom Maritime Areas and Airspace Sovereignty Claims 15. The Territories and the European Union The Treaty of Lisbon The Treaty on European Union The Treaty on the Functioning of the European Union Common Foreign and Security Policy The Euratom Treaty 16. Termination of British Sovereignty Independence Transfer of Territory Shared Sovereignty Annex Anguilla Bermuda British Antarctic Territory British Indian Ocean Territory British Indian Ocean Territory (Constitution) Order 2004 Cayman Islands Falkland Islands Gibraltar Montserrat Pitcairn, Henderson, Ducie and Oeno Islands St Helena, Ascension and Tristan Da Cunha South Georgia and the South Sandwich Islands Sovereign Base Areas of Akrotiri and Dhekelia Turks and Caicos Islands Virgin Islands