Legislative Assembly of the Falkland Islands
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The Legislative Assembly of the Falkland Islands is the
unicameral legislature Unicameralism (from ''uni''- "one" + Latin ''camera'' "chamber") is a type of legislature, which consists of one house or assembly, that legislates and votes as one. Unicameral legislatures exist when there is no widely perceived need for multic ...
of the
British Overseas Territory The British Overseas Territories (BOTs), also known as the United Kingdom Overseas Territories (UKOTs), are fourteen dependent territory, territories with a constitutional and historical link with the United Kingdom. They are the last remna ...
of the
Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouzet ...
. The Legislative Assembly replaced the Legislative Council (which had existed since 1845) when the new Constitution of the Falklands came into force in 2009 and laid out the composition, powers and procedures of the islands' legislature. The Legislative Assembly consists of eight elected members, two
ex officio member An ''ex officio'' member is a member of a body (notably a board, committee, council) who is part of it by virtue of holding another office. The term '' ex officio'' is Latin, meaning literally 'from the office', and the sense intended is 'by right ...
s (the
Chief Executive A chief executive officer (CEO), also known as a central executive officer (CEO), chief administrator officer (CAO) or just chief executive (CE), is one of a number of corporate executives charged with the management of an organization especially ...
and the Director of Finance), and the
Speaker Speaker may refer to: Society and politics * Speaker (politics), the presiding officer in a legislative assembly * Public speaker, one who gives a speech or lecture * A person producing speech: the producer of a given utterance, especially: ** I ...
. Although they take part in proceedings, the ex officio members do not have the right to vote in the Legislative Assembly. The Commander British Forces and the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
also have the right to take part in the proceedings of the Legislative Assembly, though again they may not vote.


Powers and role

Meetings of the Legislative Assembly are normally held in the Court and Assembly Chamber in Stanley Town Hall and begin at a time appointed by the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
. The constitution states there must be at least one meeting of the Legislative Assembly every year, although the Assembly normally meets every two to three months. Meetings of the Legislative Assembly are broadcast live on the local radio station, the
Falkland Islands Radio Service Falkland Islands Radio Service is an independent radio broadcaster in the Falkland Islands. The station broadcasts for 76 hours each week and provides a wide range of programming including all music genres, local news and phone-in shows. The st ...
. The members of the Legislative Assembly (MLAs) have office facilities at Gilbert House,
Stanley Stanley may refer to: Arts and entertainment Film and television * ''Stanley'' (1972 film), an American horror film * ''Stanley'' (1984 film), an Australian comedy * ''Stanley'' (1999 film), an animated short * ''Stanley'' (1956 TV series) ...
. The constitution gives the Legislative Assembly
legislative A legislature is an assembly with the authority to make laws for a political entity such as a country or city. They are often contrasted with the executive and judicial powers of government. Laws enacted by legislatures are usually known as p ...
powers for "the
peace, order and good government In many Commonwealth jurisdictions, the phrase "peace, order, and good government" (POGG) is an expression used in law to express the legitimate objects of legislative powers conferred by statute. The phrase appears in many Imperial Acts of Pa ...
of the Falkland Islands." Any MLA may introduce a
bill Bill(s) may refer to: Common meanings * Banknote, paper cash (especially in the United States) * Bill (law), a proposed law put before a legislature * Invoice, commercial document issued by a seller to a buyer * Bill, a bird or animal's beak Plac ...
or propose any motion for debate. However, the Legislative Assembly is not permitted to propose a bill which makes alterations to the taxes or finances on the Islands, unless given permission to do so by the Governor, as this is the remit of the Director of Finance and the Public Accounts Committee who are elected by the Legislative Assembly and whose proposals are voted on by the Legislative Assembly. Most motions in the Assembly, including bills, are passed by a simple majority of the elected members with the presiding officer having the
casting vote A casting vote is a vote that someone may exercise to resolve a tied vote in a deliberative body. A casting vote is typically by the presiding officer of a council, legislative body, committee, etc., and may only be exercised to break a deadlock ...
. The presiding officer of the Assembly is the Speaker (or the Deputy Speaker in the Speaker's absence) who is elected by the MLAs. Unlike the
Speaker of the House of Commons Speaker of the House of Commons is a political leadership position found in countries that have a House of Commons, where the membership of the body elects a speaker to lead its proceedings. Systems that have such a position include: * Speaker of ...
, the Speaker of the Legislative Assembly does not need to be a member of the Assembly. The Speaker and the Deputy Speaker are elected for the life of the Legislative Assembly though can be removed via a
motion of no confidence A motion of no confidence, also variously called a vote of no confidence, no-confidence motion, motion of confidence, or vote of confidence, is a statement or vote about whether a person in a position of responsibility like in government or mana ...
voted for by six or more MLAs. During the Speaker election, the
Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...
acts as presiding officer. The Assembly is governed by a number of standing orders which lay out the regulations for proceedings during Assembly meetings. Also, MLAs are granted
parliamentary privilege Parliamentary privilege is a legal immunity enjoyed by members of certain legislatures, in which legislators are granted protection against civil or criminal liability for actions done or statements made in the course of their legislative duties. ...
in the proceedings of the Legislative Assembly. There is also a Clerk of the Legislative Assembly who has a similar role to that of the
Clerk of the House of Commons The Clerk of the House of Commons is the chief executive of the House of Commons in the Parliament of the United Kingdom, and before 1707 of the House of Commons of England. The formal name for the position held by the Clerk of the House of Comm ...
. Since the 2013 general election MLAs have been paid a salary, rather than just expenses, and are expected to work full-time, giving up whatever jobs or business interests they may have previously held.


Elections

There must be a
general election A general election is a political voting election where generally all or most members of a given political body are chosen. These are usually held for a nation, state, or territory's primary legislative body, and are different from by-elections ( ...
on the Falklands at least once every four years, although there can be an election at any time. As in most Westminster systems, the election campaign officially begins with the dissolution of the legislature. In the Falklands the
Governor A governor is an administrative leader and head of a polity or political region, ranking under the head of state and in some cases, such as governors-general, as the head of state's official representative. Depending on the type of political ...
dissolves the Legislative Assembly by
proclamation A proclamation (Lat. ''proclamare'', to make public by announcement) is an official declaration issued by a person of authority to make certain announcements known. Proclamations are currently used within the governing framework of some nations ...
at the request of the Executive Council. There must be an election within 70 days of the dissolution and the Governor retains the power to recall a dissolved Legislative Assembly before the election, though only in the event of an emergency. The Falkland Islands are divided into two constituencies,
Camp Camp may refer to: Outdoor accommodation and recreation * Campsite or campground, a recreational outdoor sleeping and eating site * a temporary settlement for nomads * Camp, a term used in New England, Northern Ontario and New Brunswick to descri ...
and
Stanley Stanley may refer to: Arts and entertainment Film and television * ''Stanley'' (1972 film), an American horror film * ''Stanley'' (1984 film), an Australian comedy * ''Stanley'' (1999 film), an animated short * ''Stanley'' (1956 TV series) ...
. Camp returns three elected members and Stanley returns five elected members using
block voting Block voting or bloc voting refers to electoral systems in which multiple candidates are elected at once and a group (voting bloc) of voters can force the system to elect only their preferred candidates. Block voting may be used at large (in a si ...
. The Stanley constituency consists of the area within of the spire of Christ Church Cathedral, Stanley, while the Camp constituency consists of the rest of the Territory.Section 6
Electoral Ordinance 1988 (Ordinance No. 21 of 1988)
read with th
Elections (Boundaries of Constituencies) Regulations 1989 (S.R. & O. No. 11 of 1989)
The Constitution allows for the constituencies and their boundaries to be amended, but such an amendment must be agreed to by two-thirds of the vote in a
referendum A referendum (plural: referendums or less commonly referenda) is a direct vote by the electorate on a proposal, law, or political issue. This is in contrast to an issue being voted on by a representative. This may result in the adoption of a ...
of the islanders. Anyone aged eighteen years or over on the date of the election and registered to vote in the Falklands qualifies to be elected as a member of the Legislative Assembly in the constituency where they are registered. The Legislative Assembly is elected through
universal suffrage Universal suffrage (also called universal franchise, general suffrage, and common suffrage of the common man) gives the right to vote to all adult citizens, regardless of wealth, income, gender, social status, race, ethnicity, or political stanc ...
, which in reality means that a person can vote if they are eighteen years or over on the date of the election, have Falkland Islands status be a British citizen and are a resident in the Falkland Islands on the date of the election. Someone can lose their right to vote if they have been certified
insane Insanity, madness, lunacy, and craziness are behaviors performed by certain abnormal mental or behavioral patterns. Insanity can be manifest as violations of societal norms, including a person or persons becoming a danger to themselves or to ...
or of unsound mind under any law, if they are serving a sentence of imprisonment for a term of at least twelve months, if they have been convicted of an offence relating to elections, or if they have any acknowledgement of allegiance, obedience or adherence to a foreign Power or State. Regular members of
His Majesty's Armed Forces The British Armed Forces, also known as His Majesty's Armed Forces, are the military, military forces responsible for the defence of the United Kingdom, its British Overseas Territories, Overseas Territories and the Crown Dependencies. They al ...
are also not allowed to vote. If there is any dispute over the election of the Assembly, or the validity of anyone to vote or stand for election, the
Supreme Court of the Falkland Islands The politics of the Falkland Islands takes place in a framework of a constitutional monarchy and parliamentary representative democratic dependency as set out by the constitution, whereby the Governor exercises the duties of head of state in the ...
has the jurisdiction to resolve the dispute.


By-elections

If an elected member of the Legislative Assembly vacates his or her seat for any reason other than a dissolution of the Assembly, there is a
by-election A by-election, also known as a special election in the United States and the Philippines, a bye-election in Ireland, a bypoll in India, or a Zimni election (Urdu: ضمنی انتخاب, supplementary election) in Pakistan, is an election used to f ...
to fill the empty seat. The by-election must be held within 70 days the vacancy occurring, unless the Assembly is due to be dissolved within 126 days.


Current composition

The last election took place on 4 November 2021 and the next election is due to take place in 2025. As no political parties are active on the Islands,
non-partisan Nonpartisanism is a lack of affiliation with, and a lack of bias towards, a political party. While an Oxford English Dictionary definition of ''partisan'' includes adherents of a party, cause, person, etc., in most cases, nonpartisan refers sp ...
s were elected at the most recent election.


Elected members


Officials

The Directorates are paid employees, members of the Corporate Management Team, the principal
civil servant The civil service is a collective term for a sector of government composed mainly of career civil servants hired on professional merit rather than appointed or elected, whose institutional tenure typically survives transitions of political leaders ...
s of the Assembly.


Oath or affirmation

Under section 42 of the constitution, before entering upon the functions of his or her office, the MLAs must take the
oath of allegiance An oath of allegiance is an oath whereby a subject or citizen acknowledges a duty of allegiance and swears loyalty to a monarch or a country. In modern republics, oaths are sworn to the country in general, or to the country's constitution. For ...
and the oath of office. The wording for the oath of office is specified in Annex B to the Constitution:


References

* *


External links

* {{Navboxes , title = Articles Related to the Legislative Assembly of the Falkland Islands , list = {{Falkland Islands topics {{UK legislatures {{SouthAmerican legislatures {{Legislatures of the Americas {{National unicameral legislatures 2009 establishments in the Falkland Islands
Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouzet ...
Politics of the Falkland Islands
Falkland Islands The Falkland Islands (; es, Islas Malvinas, link=no ) is an archipelago in the South Atlantic Ocean on the Patagonian Shelf. The principal islands are about east of South America's southern Patagonian coast and about from Cape Dubouzet ...