Judiciary of Gibraltar
The judiciary of Gibraltar is a branch of the Government of Gibraltar that interprets and applies the law of Gibraltar, to ensure equal justice under law, to provide a mechanism for dispute resolution. The legal system of Gibraltar is a mix of common law and statute; the hierarchical system of courts includes a magistrates' court, a supreme court and a non-resident appellate court. The highest Court of Appeal for Gibraltar is the Judicial Committee of the Privy Council in London, able to hear appeals from the Gibraltar Court of Appeal. In relation to matters of European Community Law, the European Court of Justice is the highest authority; the next highest Court is the Court of Appeal. This Court is composed of an odd number of judges not fewer than three; the Chief Justice is an ex-officio member of the Court of Appeal but may not hear appeals of his own decisions. The Supreme Court is composed of four judges — the Chief Justice and a further 3 puisne judges appointed by the Governor; the Court hears civil and criminal proceedings, including Family Jurisdiction, Court of Protection, Admiralty Jurisdiction and Ordinary Jurisdiction.
The Supreme Court hears appeals from the Magistrates' Court. The lower courts are the Coroner's Court and the Magistrates' Court — this court hears criminal and family cases. Below the Magistrates' Court, there are tribunals for social security and employment matters. New courts were opened in September 2012 by the Minister of Justice Gilbert Licudi; the new purpose-built building houses seven courts, one for a Coroner, two for Magistrates and four supreme courts. Gibraltar Courts Service Organisation of Justice in Gibraltar
The Crown is the state in all its aspects within the jurisprudence of the Commonwealth realms and their sub-divisions. Ill-defined, the term has different meanings depending on context, it is used to designate the monarch in either a personal capacity, as Head of the Commonwealth, or as the king or queen of his or her realms. It can refer to the rule of law. A corporation sole, the Crown is the legal embodiment of executive and judicial governance in the monarchy of each country; these monarchies are united by the personal union of their monarch. The concept of the Crown developed first in England as a separation of the literal crown and property of the kingdom from the person and personal property of the monarch, it spread through English and British colonisation and is now rooted in the legal lexicon of the United Kingdom, its Crown dependencies, the other 15 independent realms. It is not to be confused with any physical crown, such as those of the British regalia; the term is found in various expressions such as "Crown land", which some countries refer to as "public land" or "state land".
The concept of the Crown took form under the feudal system. Though not used this way in all countries that had this system, in England, all rights and privileges were bestowed by the ruler. Land, for instance, was granted by the Crown to lords in exchange for feudal services and they, in turn, granted the land to lesser lords. One exception to this was common socage—owners of land held as socage held it subject only to the Crown; when such lands become owner-less they are said to escheat. Bona vacantia is the royal prerogative; the monarch is the living embodiment of the Crown and, as such, is regarded as the personification of the state. The body of the reigning sovereign thus holds two distinct personas in constant coexistence: that of a natural-born human being and that of the state as accorded to him or her through law; the terms the state, the Crown, the Crown in Right of, Her Majesty the Queen in Right of, similar are all synonymous and the monarch's legal personality is sometimes referred to as the relevant jurisdiction's name.
As such, the king or queen is the employer of all government officials and staff, the guardian of foster children, as well as the owner of all state lands and equipment, state owned companies, the copyright for government publications. This is all in his or her position as sovereign, not as an individual; the Crown represents the legal embodiment of executive and judicial governance. While the Crown's legal personality is regarded as a corporation sole, it can, at least for some purposes, be described as a corporation aggregate headed by the monarch. Whilst the Crown refers to the monarch, this reference is made in re the monarch this reference is to the monarch in their capacity as monarch, does not refer to that individual in their totality of ownership interests and actions; the monarch can act in a private capacity. This duality of characterisation can be illustrated in several ways. In property ownership for example, although both are royal residences, Buckingham Palace is the property of the Crown via the Crown Estate whilst Balmoral Castle is the property of Elizabeth II and not of the Crown.
The latter property can be alienated by the Queen, whereas any disposition of the former property would need to be done via instrument of government as an act of state. The Queen's bank accounts at Coutts contain components of her private wealth only, whilst the resources of the monarch acting as the Crown are dispensed from HM Treasury and the Crown Estate to the Royal Household. A third example is in employment relationships; however those who assist as employees of the monarch as the Crown do so on employment from the Royal Household, the official department charged with supporting the monarch. Those who a
Politics of Gibraltar
The politics of Gibraltar takes place within a framework of a parliamentary representative democratic British Overseas Territory, whereby the Monarch of the United Kingdom is the constitutional head of state represented by the Governor of Gibraltar. The Chief Minister of Gibraltar is the head of Government; as a British Overseas Territory, the Government of Gibraltar is not subordinate to the Government of the United Kingdom. The British Government, however, is responsible for defence and external affairs but Gibraltar has full internal self-government under its 2006 Constitution. Gibraltar is represented in the European Union, having been the only British Overseas Territory to have joined the European Economic Community under the British Treaty of Accession; the government of Spain continues with an irredentist territorial claim to Gibraltar, ceded in perpetuity to the British Crown in 1713 by Article X of the Treaty of Utrecht. In a referendum held in 2002, a proposal for shared sovereignty was overwhelmingly rejected by the Gibraltar electorate with 98.97% voting against.
The sovereignty issue remains an important factor in local politics. Gibraltar has a number of political parties; the preamble to the 2006 Constitution repeated from the 1969 Constitution states that "Her Majesty's Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their and democratically expressed wishes." As an overseas territory of Britain, the head of state is Queen Elizabeth II, represented by the Governor of Gibraltar. Britain retains responsibility for defence, foreign relations, internal security and financial stability; the Government of Gibraltar is elected for a term of four years. The head of Government is the Chief Minister the Hon. Fabian Picardo of the Gibraltar Socialist Labour Party, in office since 9 December 2011, in alliance with the Gibraltar Liberal Party, following the 2011 General Election; the Leader of the Opposition is the Hon. Daniel Feetham of the Gibraltar Social Democrats since 2013.
The composition of the Government of Gibraltar is the following: The Gibraltar Parliament consists of seventeen elected members, the Speaker. Under the electoral system of partial bloc voting used since 1969, voters could choose up to ten candidates, who do not need to be from the same party; the winning candidates are chosen by simple plurality. The last election was held on 26 November 2015. Queen Elizabeth II is represented by the Governor and Commander-in-Chief, presently Lieutenant General Edward Davis. After an election, the Governor appoints the leader of the largest party in the unicameral parliament, as Chief Minister; the Governor is not involved in the day-to-day administration of Gibraltar, his role is as a ceremonial head of state. The Governor is responsible for matters of security only. There are three political parties represented in the Gibraltar Parliament: Gibraltar Social Democrats. All parties support Gibraltar's right to self-determination, reject any concessions on the issue of sovereignty.
Since the 2003 election the Reform Party has dissolved, with the party leader and others now involved in Friends of the Earth. The Labour Party has merged with the Gibraltar Social Democrats. A new party, New Gibraltar Democracy, announced. NGD claimed that the two main parties were "Out of touch with people's expectations and make up for their lack of ideas through Orwellian style propaganda." At the 2007 election one candidate, Charles Gomez, stood for election for the party. It has subsequently ceased any activity. In June 2006 the Progressive Democratic Party was formed and announced it would be presenting a full slate of candidates and had entered the political arena as "a fresh and modern alternative," to both the ruling Gibraltar Social Democrats and the Opposition GSLP/Liberals. However. In the 2007 election it only presented six candidates. 1 These figures have been consolidated by party. Under the Gibraltar electoral system, all candidates are listed on the ballot paper individually. 2 Every voter has up to 10 votes to vote for their choice from all the candidates standing.
Accordingly, although there are more seats available, the main parties field 10 candidates and hope to secure'block votes'. Thus the total of 154,743 votes comes from 16,004 voters, an 81.4% turnout of the electorate. 1 These figures have been consolidated by party. Under the Gibraltar electoral system, all candidates are listed on the ballot paper individually.2 Every voter has up to 10 votes to vote for their choice from all the candidates standing. Accordingly although there are more seats available, the main parties field 10 candidates and hope to secure'block votes', thus the total of 174,757 votes comes from an 81.4 % turnout of the electorate. In August 2013, the PDP has dissolved after a series of disappointing election results. Although part of the EU under the British Treaty of accession, Gibraltar had not voted in elections for the European Parliament although its membership of the European Union meant it was affected by European Union law. A ten-year campaign to acquire the vote culminated in the case of Matthew
2011 Gibraltar general election
General elections were held in Gibraltar on 8 December 2011. Two parties, the Gibraltar Social Democrats and the Progressive Democrative Party and an alliance of the Gibraltar Socialist Labour Party and the Gibraltar Liberals each presented a full slate of ten candidates each, making a total of thirty candidates standing for seventeen seats in the Gibraltar Parliament. Members of Parliament in Gibraltar are elected "at-large" in a single electoral area covering the whole territory. Several pre-election polls gave the GSLP an advantage of up to 9% over the governing party, the GSD, while one predicted a GSD win. Two parties, the Gibraltar Social Democrats and the Progressive Democratic Party, an alliance have presented a full slate of 10 candidates each, making a total of 30 candidates for 17 seats in the Gibraltar Parliament. Several pre-election polls gave the GSLP an advantage of up to 9% over the governing party, the GSD, while one predicted a GSD win; these figures have been consolidated by party.
Under the Gibraltar electoral system, all candidates are listed on the ballot paper individually. Every voter has up to 10 votes to vote for their choice from all the candidates standing. Accordingly although there are more seats available, the main parties field 10 candidates and hope to secure'block votes', thus the total of 174,757 votes comes from 21,712 voters, an 81.4% turnout of the electorate
Governor of Gibraltar
The Governor of Gibraltar is the representative of the British monarch in the British overseas territory of Gibraltar. The governor is appointed by the monarch on the advice of the British Government; the role of the governor is to act as the de facto head of state, he is responsible for formally appointing the Chief Minister of Gibraltar, along with other members of the Government of Gibraltar after a general election. The governor serves as commander-in-chief of Gibraltar's military forces and has sole responsibility for defence and security; the governor has his own flag in Gibraltar, the Union Flag defaced with the territory's coat of arms. However, at the governor's official residence, the Union flag and the flag of Gibraltar are flown; the Convent Flag of the Governor of Gibraltar Chief Minister of Gibraltar Governors of Gibraltar at the Oxford Dictionary of National Biography
Joseph Garcia (Gibraltarian politician)
The Hon. Joseph John Garcia MP is a Gibraltarian historian and politician, the current leader of the Gibraltar Liberal Party and Deputy Chief Minister of the Government of Gibraltar; the GLP controls three of the 17 seats in the Gibraltar Parliament after the 2011 general election and is in government with its political allies, the Gibraltar Socialist Labour Party. Garcia graduated from the University of Hull with a First Class Honours degree in history and obtained a doctorate on "The Political and Constitutional Development of Gibraltar". Garcia has been leader of the GLP since 1992 and was first elected to the Gibraltar House of Assembly on a by-election, he served as Shadow Minister for Tourism and Commercial Affairs from 1999 to 2000. He was re-elected at the 2000 election and served as Shadow Minister for Trade, Industry and Financial Services until 2003. In 2011 Garcia was appointed Vice President of Liberal International. Garcia's party formed a coalition to contest the 2003 election with the GSLP, which won five seats, re-electing Garcia to serve as Shadow Minister for Trade, Industry and Heritage until 2007 when he was again re-elected at the 2007 election serving in the same Shadow Ministry.
After 12 years in opposition, Garcia was elected into Government following the election of 8 December 2011. The newly elected GSLP Chief Minister of Gibraltar, Fabian Picardo, appointed Garcia Deputy Chief Minister with responsibility for planning and lands, political and civic reform, civil aviation. During the general election campaign in 1996 Garcia ripped up the GSLP manifesto during a leaders debate programme on GBC, his party now forms the Government with the GSLP. Garcia supports Panorama, a daily newspaper in Gibraltar, his father Joe is the editor of the paper. List of Gibraltarians Politics of Gibraltar
Ed Davis (Royal Marines officer)
Lieutenant General Edward Grant Martin Davis, is a senior Royal Marines officer. He was Commandant General Royal Marines from December 2011 to June 2014, he was the Deputy Commander of NATO's Allied Land Command at Turkey. He became Governor of Gibraltar in January 2016. Davis was born in Herefordshire, he was educated at Coleraine Academical Institution, County Londonderry, Northern Ireland and King's College London. Davis was commissioned into the Royal Marines in 1981 and joined 40 Commando with whom he undertook a six-month tour in the Falkland Islands and a six-month tour in Cyprus. In 1996, he attended the Army Staff Course at Staff College, Camberley. In the same year, he became Chief of Staff at the Headquarters of the Combat Service Support Group in which role he took part in the Bosnian War, he was appointed Chief of Staff to the Commander of the UK’s Amphibious Forces in 2007 and was deployed to Afghanistan as Chief of Joint Effects for ISAF. He was appointed Commander of 3 Commando Brigade in January 2010 and again deployed to Afghanistan – this time as the Commander of Task Force Helmand.
He became Commandant General Royal Marines in December 2011. He was promoted to major general on 10 January 2012, with seniority from 28 November 2011. Davis succeeded Lieutenant General Gordon Messenger as Deputy Commander of NATO Allied Land Command -Izmir in July 2014. On 1 October 2015, the British Foreign and Commonwealth Office announced that Davis was the designated Governor of Gibraltar after the resignation of Sir James Dutton. 14 June 1996 – Appointed a Member of the Order of the British Empire 31 December 2005 – Advanced to an Officer of the Order of the British Empire in the 2006 New Year Honours 23 March 2012 – Advanced to a Commander of the Order of the British Empire "in recognition of gallant and distinguished services in Afghanistan during the period 1 April 2011 to 30 September 2011". 14 June 2014 – Appointed a Companion of the Order of the Bath in the 2014 Birthday Honours. 5 August 2016 – Appointed a Knight of the Order of St John by Queen Elizabeth II. RM Biography