Igor' Irkhin

Constitutional Status of Montserratas United Kingdom Overseas Territory

2017. No. 1. P. 166–177 [issue contents]
The article explores that partnership as a form of relations between Britain and the Overseas Territoriesis of various and nominal nature. The political and territorial relations between the UK and the overseasterritory under consideration are examined is the paper as a unitary federalism elements. Having examinedthe provisions of the Constitution of Montserrat, 2010 in the part of the Governor of the status of theregulation, the Cabinet, the Legislature, it is emphasized that a special place in the constitutional systemof government of Montserrat is taken by a representative of the British Crown in view of the powers whichwill subject to the established by the Constitution to make key decisions in the sphere of the island internalpolicy (convening the Cabinet, its resignation, the dissolution of the Legislative Assembly, law-makingfunction and others). This provides mechanisms to prevent the concentration of powers in the jurisdictionof the Governor. In particular, a significant role in the formation and implementation of the constitutionalcourse is assigned to the Prime Minister and the Legislative Assembly the recommendations of which aresubject to implementation in ordinary conditions. The theses are formulated on the advisability of furtherregulation of the competence of local public authorities in Montserrat and Governor, respectively, specifyingthe content and procedure for organizing and conducting the proceedings based on a considerationof questions on the resignation of the Cabinet, early dissolution of the Legislative Assembly, clarify thecriteria 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 membersof cabinet representing particular territories. Besides, the article mentions submitting by the LegislativeAssembly to UK House of Commons data on its opinion on draft laws relating to the entire Kingdom andsubmitting by the House of Commons the drafts related to the interests of the Commonwealth to the overseasterritories. The paper specifies the advisability of further regulation in the Constitution as to organizingand holding consultations with public authorities of overseas territory on the matters concerning theirinterests, referendum mechanisms for the people of islands to participate in the decision-making processof public nature, including the early termination of certain categories of officials.
Citation: Irkhin I. (2017) Osnovy konstitutsionnogo statusa Monserrata kak zamorskoy territorii Velikobritanii [Constitutional Status of Montserratas United Kingdom Overseas Territory]. Pravo. Zhurnal Vysshey shkoly ekonomiki, no 1 (in Russian)
Rambler's Top100 rss