Constitutional Status of Montserrat as United Kingdom Overseas Territory

Abstract

The article explores that partnership as a form of relations between Britain and the Overseas Territories is of various and nominal nature. The political and territorial relations between the UK and the overseas territory under consideration are examined is the paper as a unitary federalism elements. Having examined the provisions of the Constitution of Montserrat, 2010 in the part of the Governor of the status of the regulation, the Cabinet, the Legislature, it is emphasized that a special place in the constitutional system of government of Montserrat is taken by a representative of the British Crown in view of the powers which will subject to the established by the Constitution to make key decisions in the sphere of the island internal policy (convening the Cabinet, its resignation, the dissolution of the Legislative Assembly, law-making function and others). This provides mechanisms to prevent the concentration of powers in the jurisdiction of the Governor. In particular, a significant role in the formation and implementation of the constitutional course is assigned to the Prime Minister and the Legislative Assembly the recommendations of which are subject to implementation in ordinary conditions. The theses are formulated on the advisability of further regulation of the competence of local public authorities in Montserrat and Governor, respectively, specifying the content and procedure for organizing and conducting the proceedings based on a consideration of questions on the resignation of the Cabinet, early dissolution of the Legislative Assembly, clarify the criteria for such decisions, the coordination of positions on the dissolution of the Legislative Assembly. The paper studies the question on the Cabinet of Montserrat in the UK Cabinet by including members of cabinet representing particular territories. Besides, the article mentions submitting by the Legislative Assembly to UK House of Commons data on its opinion on draft laws relating to the entire Kingdom and submitting by the House of Commons the drafts related to the interests of the Commonwealth to the overseas territories. The paper specifies the advisability of further regulation in the Constitution as to organizing and holding consultations with public authorities of overseas territory on the matters concerning their interests, referendum mechanisms for the people of islands to participate in the decision-making process of public nature, including the early termination of certain categories of officials.