‘Separation Of Powers In Overseas Territories’

May 26, 2026 | 0 Comments

The House of Commons has released a briefing document examining the separation of powers across the UK’s Overseas Territories, which covers some of the differences within the territories as it pertains to elected officials, appointed officials and more

The document notes, “In only three Territories can the UK-appointed governor not make laws: Bermuda, Montserrat, and St Helena. In the remainder, the power of their legislatures to make laws can be circumvented by the governor in circumstances set out in their respective constitutions.”

It also states, “In three legislatures, the speaker/presiding member must be chosen from non-members: Gibraltar, Pitcairn, and St Helena. In six, the Speaker can be selected from either in or outside the House. Only in Bermuda, which has the largest House of Assembly of OTs, at 36 members, must the Speaker be elected from among its elected members.

“An important aspect of parliamentary scrutiny and seperation of powers is that parliamentary membership is determined independently of the executive. In all but Gibraltar and the lower House of the Bermudian Parliament, at least one member of each OT parliament is appointed by the executive. These are typically the Attorney General, the Deputy Governor or Financial Secretary. While able to shape proceedings through their participation, in only two Territories do these members have the right to vote: Anguilla and Montserrat.”

The full Research Briefing follows below [PDF here]:

click here banner British Overseas Territories

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