The executive , also referred to as the juditian or executive power , is that part of government which executes the law; in other words, directly makes the key decisions and holds power.
72-697: 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 absence of the monarch and the Chief Executive is the head of the Civil Service, with an elected Legislative Assembly to propose new laws, national policy, approve finance and hold
144-642: A Policy Adviser and one Policy Officer. The court system of the Falklands is set out by Chapter VIII of the Constitution and closely resembles the system in England and Wales . The Supreme Court of the Falkland Islands has unlimited jurisdiction to hear and determine any civil or criminal proceedings, and consists of the Chief Justice (CJ) who is generally a senior barrister or solicitor with
216-682: A constitutional monarchy for King Battus III the Lame, of Cyrene , when Cyrenaica had become an unstable state, in about 548 BC. In the Kingdom of England , the Glorious Revolution of 1688 furthered the constitutional monarchy, restricted by laws such as the Bill of Rights 1689 and the Act of Settlement 1701 , although the first form of constitution was enacted with Magna Carta of 1215. At
288-697: A few criminal cases which must be heard before the Supreme Court; these are murder, manslaughter, rape, piracy, treason and arson with the intent to endanger life. The CJ also hears appeals from the Magistrates' Court. From the Supreme Court, appeals are sent to the Falkland Islands Court of Appeal, which is based on the Court of Appeal of England and Wales . The Court of Appeal consists of a President and two Justices of Appeal, as well as
360-468: A good amount of judicial experience in the United Kingdom. The CJ is not resident in the Falkland Islands but travels to the islands if and when necessary to hear cases. The most serious criminal and civil matters are reserved for the Supreme Court. In civil matters, generally there is no jury however, in criminal matters, the defendant can elect trial by judge and jury or judge alone. There are only
432-486: A leader or leader of an office or multiple offices. Specifically, the top leadership roles of the executive branch may include: In a presidential system , the leader of the executive is both the head of state and government. In some cases, such as South Korea , there is a Prime Minister who assists the President, but who is not the head of government. In a parliamentary system , a cabinet minister responsible to
504-513: A monarch is the only decision-maker) in that they are bound to exercise powers and authorities within limits prescribed by an established legal framework. Constitutional monarchies range from countries such as Liechtenstein , Monaco , Morocco , Jordan , Kuwait , Bahrain and Bhutan , where the constitution grants substantial discretionary powers to the sovereign, to countries such as the United Kingdom and other Commonwealth realms ,
576-535: A par with a president in a presidential or semi-presidential system . As a result, constitutional monarchies where the monarch has a largely ceremonial role may also be referred to as " parliamentary monarchies " to differentiate them from semi-constitutional monarchies. Strongly limited constitutional monarchies, such as those of the United Kingdom and Australia , have been referred to as crowned republics by writers H. G. Wells and Glenn Patmore. The oldest constitutional monarchy dating back to ancient times
648-420: A possible approval of a referendum to legalize abortion in 2011 , it came as a surprise because the prince had not vetoed any law for over 30 years (in the end, this was moot, as the proposal was not approved). As originally conceived, a constitutional monarch was head of the executive branch and quite a powerful figure even though their power was limited by the constitution and the elected parliament. Some of
720-533: A republic . Among supporters of constitutional monarchy, however, the event confirmed the monarchy's value as a source of checks and balances against elected politicians who might seek powers in excess of those conferred by the constitution, and ultimately as a safeguard against dictatorship. In Thailand's constitutional monarchy, the monarch is recognized as the Head of State, Head of the Armed Forces, Upholder of
792-692: Is Simon Young, who took office in December 2017. The Director of Finance of the Falkland Islands is responsible for government expenditure on the islands, acting with authorisation from the Legislative Assembly . The Director is also an ex officio member of both the Legislative Assembly and the Executive Council . There is also a Public Accounts Committee consisting of a chairman and two other members appointed by
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#1732772225419864-464: Is a powerful political (and social) institution. By contrast, in ceremonial monarchies, the monarch holds little or no actual power or direct political influence, though they frequently still have a great deal of social and cultural influence. Ceremonial and executive monarchy should not be confused with democratic and non-democratic monarchical systems. For example, in Liechtenstein and Monaco,
936-618: Is appointed by the Governor and presides over the Magistrates' Court, which again has no jury . The SM is usually a UK qualified lawyer, with at least 10 years experience as an advocate and, usually, with some judicial experience. The SM holds office for a maximum of three years and is then replaced. The SM is resident in the Islands and hears the majority of cases from simple criminal and civil matters right up to very serious criminal matters or complex civil cases. The SM also hears appeals from
1008-538: Is germane to continental constitutional monarchies. German philosopher Georg Wilhelm Friedrich Hegel , in his work Elements of the Philosophy of Right (1820), gave the concept a philosophical justification that concurred with evolving contemporary political theory and the Protestant Christian view of natural law. Hegel's forecast of a constitutional monarch with very limited powers whose function
1080-467: Is no differentiation between being a barrister or a solicitor ; the private practitioners being called legal practitioners. The Legal Practitioners Ordinance defines who can hold themselves out as being a legal practitioner and therefore have rights of audience before the Falkland Islands courts. Only the Chief Justice of the Falkland Islands can prohibit a legal practitioner from practising. In
1152-532: Is to embody the national character and provide constitutional continuity in times of emergency was reflected in the development of constitutional monarchies in Europe and Japan. There exist at least two different types of constitutional monarchies in the modern world – executive and ceremonial. In executive monarchies (also called semi-constitutional monarchies ), the monarch wields significant (though not absolute ) power. The monarchy under this system of government
1224-627: Is vested in Charles III , who has been the head of state since his accession to the British throne on 8 September 2022. As the King is absent from the islands for most of the time, executive authority is exercised "in His Majesty's name and on His Majesty's behalf" by the Governor of the Falkland Islands . Alison Blake has been Governor since 23 July 2022. The Governor normally acts only on
1296-711: The Falkland Islanders and the United Kingdom . In 1982, Argentina invaded and occupied the islands, starting the Falklands War . The islands were subsequently liberated by British forces just 74 days after the start of the war, which led to the collapse of the military dictatorship in Argentina . The sovereignty of the Falklands remains in dispute, with Argentina claiming the islands are an integral and indivisible part of its territory , 'illegally occupied by an occupying power'. The United Kingdom and
1368-595: The First World War . Later, Fascist Italy could also be considered a constitutional monarchy, in that there was a king as the titular head of state while actual power was held by Benito Mussolini under a constitution. This eventually discredited the Italian monarchy and led to its abolition in 1946. After the Second World War , surviving European monarchies almost invariably adopted some variant of
1440-515: The Government of the Falkland Islands maintains that the Islanders have the right to determine the sovereignty of their birthplace. In a referendum in 2013 the people of the Falkland Islands soundly rejected Argentina's claim to the islands, with 99.8% of voters supporting the Falklands remaining an Overseas Territory of the United Kingdom. Executive authority on the Falkland Islands
1512-562: The Governor (in consultation with the elected MLAs) and two elected members of the Legislative Assembly. Reporting to the Legislative Assembly, the Committee overseas the economy, government expenditure, all public accounts and audit reports on the islands. The Director of Finance is not permitted to be a member of the Public Accounts Committee. As in many parliamentary democracies , there are no direct elections for
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#17327722254191584-468: The Netherlands , Spain , Belgium , Denmark , Norway , Sweden , Lesotho , Malaysia , Thailand , Cambodia , and Japan , where the monarch retains significantly less, if any, personal discretion in the exercise of their authority. On the surface level, this distinction may be hard to establish, with numerous liberal democracies restraining monarchic power in practice rather than written law, e.g.,
1656-581: The Stanley constituency and three from the Camp constituency ) and two ex officio members (the Chief Executive and the Director of Finance ). In the last general election , which took place on 4 November 2021, only non-partisans were elected as there are no active political parties in the Falkland Islands. The next elections will take place in 2025. Historically, there have been two political parties in
1728-412: The United Kingdom , the executive forms the government, and its members generally belong to the political party that controls the legislature. Since the executive requires the support and approval of the legislature, the two bodies are "fused" together, rather than being independent. The principle of parliamentary sovereignty means powers possessed by the executive are solely dependent on those granted by
1800-403: The constitution of the United Kingdom , which affords the monarch substantial, if limited, legislative and executive powers. Constitutional monarchy may refer to a system in which the monarch acts as a non-party political ceremonial head of state under the constitution , whether codified or uncodified . While most monarchs may hold formal authority and the government may legally operate in
1872-596: The economy of the Falkland Islands which recommended many modernisations. On 1 January 1983 the Falkland Islanders gained British citizenship under the British Nationality (Falkland Islands) Act 1983 , and on 3 October 1985 the Constitution of the Falkland Islands was established. A new constitution came into force on 1 January 2009 which modernised the Chapter on fundamental rights and freedoms of
1944-456: The Assembly (the Chief Executive and the Director of Finance ) who take part in proceedings but are not permitted to vote in the Assembly. The following major conventions apply to the Falkland Islands and should be taken into account during the drafting of legislation: Until 2009, when the new constitution came into force and created the Legislative Assembly, the legislature of the islands
2016-817: The Attorney General and the Chief Medical Officer. The Attorney General (AG), appointed by the Governor, is the main legal adviser to the Falkland Islands Government. The AG's primary role is to determine the legality of government proceedings and action, and has the power to institute and undertake criminal proceedings before any court of law, to take over and continue any criminal proceedings that may have been instituted by another person or authority, or to discontinue at any stage before judgment any criminal proceedings instituted or undertaken by another person or authority. In
2088-600: The British model. In the constitutional monarchy established under the Constitution of the German Empire which Bismarck inspired, the Kaiser retained considerable actual executive power, while the Imperial Chancellor needed no parliamentary vote of confidence and ruled solely by the imperial mandate. However, this model of constitutional monarchy was discredited and abolished following Germany's defeat in
2160-687: The Buddhist Religion, and Defender of the Faith. The immediate former King, Bhumibol Adulyadej , was the longest-reigning monarch in the world and in all of Thailand's history, before passing away on 13 October 2016. Bhumibol reigned through several political changes in the Thai government. He played an influential role in each incident, often acting as mediator between disputing political opponents. (See Bhumibol's role in Thai Politics .) Among
2232-472: The Cabinet. For example, in 1886 she vetoed Gladstone's choice of Hugh Childers as War Secretary in favour of Sir Henry Campbell-Bannerman . Today, the role of the British monarch is by convention effectively ceremonial. The British Parliament and the Government – chiefly in the office of Prime Minister of the United Kingdom – exercise their powers under "royal (or Crown) prerogative" : on behalf of
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2304-644: The Chief Justice of the Supreme Court who serves as an ex officio member . The President and Justices of Appeal are normally from the UK and are Judges of the Court of Appeal of England and Wales . Appeals from the Court of Appeal are sent to the Judicial Committee of the Privy Council . The Falkland Islands does not have its own bar or law society , but has a "Falkland Islands Legal Community". There
2376-523: The Crown). Today slightly more than a quarter of constitutional monarchies are Western European countries, including the United Kingdom , Spain , the Netherlands , Belgium , Norway , Denmark , Luxembourg , Monaco , Liechtenstein and Sweden . However, the two most populous constitutional monarchies in the world are in Asia: Japan and Thailand . In these countries, the prime minister holds
2448-532: The Falkland Islands: Constitutional monarchy Philosophers Works List of forms of government Constitutional monarchy , also known as limited monarchy , parliamentary monarchy or democratic monarchy , is a form of monarchy in which the monarch exercises their authority in accordance with a constitution and is not alone in making decisions. Constitutional monarchies differ from absolute monarchies (in which
2520-579: The Government's budget by refusing to pass the necessary appropriation bills. On 11 November 1975, Whitlam intended to call a half-Senate election to try to break the deadlock. When he sought the Governor-General's approval of the election, the Governor-General instead dismissed him as Prime Minister. Shortly after that, he installed leader of the opposition Malcolm Fraser in his place. Acting quickly before all parliamentarians became aware of
2592-540: The Governor to act without consulting the Executive Council and even going against its instructions, but in both cases the Governor must immediately inform the Secretary of State for Foreign and Commonwealth Affairs in the United Kingdom, who can overrule the Governor's actions. Government policy and the execution thereof is primarily decided by the 3 officio Executive Council MLAs. The Chief Executive leads
2664-634: The Monarch and his Governors-General in the Commonwealth realms hold significant "reserve" or "prerogative" powers, to be wielded in times of extreme emergency or constitutional crises, usually to uphold parliamentary government. For example, during the 1975 Australian constitutional crisis , the Governor-General dismissed the Australian Prime Minister Gough Whitlam . The Australian Senate had threatened to block
2736-735: The Summary Court. The Governor has the power to grant a pardon to any person concerned in or convicted of an offence, but the Governor can only use this power after consultation with the Advisory Committee on the Prerogative of Mercy. The Committee consist of two elected members of the Legislative Assembly (appointed by the Governor on the advice of the Legislative Assembly), the Chief Executive,
2808-426: The United Kingdom, a frequent debate centres on when it is appropriate for a British monarch to act. When a monarch does act, political controversy can often ensue, partially because the neutrality of the crown is seen to be compromised in favour of a partisan goal, while some political scientists champion the idea of an "interventionist monarch" as a check against possible illegal action by politicians. For instance,
2880-543: The advice of the Executive Council of the Falkland Islands , which is composed of three Members of the Legislative Assembly elected by the Assembly to serve on the Council every year, the Chief Executive , the Director of Finance and the Governor, who acts as presiding officer . The only members with a vote to progress a change in law or policy are the democratically elected Members of the Legislative Assembly who are serving on Executive Council. The constitution does permit
2952-420: The civil service and undertakes actions from Executive Council. The legislative branch consists of a unicameral Legislative Assembly . General elections must take place at least once every four years, in which the islanders elect eight members to the Legislative Assembly (five from Stanley and three from Camp ) through universal suffrage using block voting . There are also two ex officio members of
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3024-461: The constitutional monarchy model originally developed in Britain. Nowadays a parliamentary democracy that is a constitutional monarchy is considered to differ from one that is a republic only in detail rather than in substance. In both cases, the titular head of state – monarch or president – serves the traditional role of embodying and representing the nation, while
3096-459: The course of her reign. In 1839, she became the last sovereign to keep a prime minister in power against the will of Parliament when the Bedchamber crisis resulted in the retention of Lord Melbourne's administration. By the end of her reign, however, she could do nothing to block the unacceptable (to her) premierships of William Gladstone , although she still exercised power in appointments to
3168-806: The court system on the islands, there is a panel of Justices of the Peace (JPs) who sit in the Summary Court , which has no jury . JPs are all non-lawyers and are made up of "upstanding members of the community". They hear the most simple of criminal cases (or sit when the Senior Magistrate is not in the Islands) and they also act as the Licensing Justices who deal with alcohol-related applications, such as extended opening hours, special occasion licences, etc. The Senior Magistrate (SM)
3240-540: The day-to-day powers of governance, while the monarch retains residual (but not always insignificant) powers. The powers of the monarch differ between countries. In Denmark and in Belgium, for example, the monarch formally appoints a representative to preside over the creation of a coalition government following a parliamentary election, while in Norway the King chairs special meetings of the cabinet . In nearly all cases,
3312-399: The executive and the legislature. The military defence and foreign policy of the islands is the responsibility of the United Kingdom . No political parties exist on the islands currently and so Members stand as independents, however the governmental and legal proceedings very closely resemble British standards. Following the Falklands War in 1982, Lord Shackleton published a report on
3384-442: The executive branch of the Falkland Islands Government. Instead the people elect the legislature which then advises and forms part of the executive. General elections , which elect the Legislative Assembly , must take place at least once every four years. Suffrage is universal in the Falklands, with the minimum voting age at eighteen. The Legislative Assembly has ten members, eight of which are elected using block voting (five from
3456-408: The executive to account. The Falkland Islands , an archipelago in the southern Atlantic Ocean , are a self-governing British overseas territory . Executive power is exercised on behalf of the King by an appointed Governor, who primarily acts on the advice of the Executive Council . Legislative power is vested in both the government and the Legislative Assembly . The judiciary is independent of
3528-560: The exercise of his or her powers, the AG is not subject to the direction or control of any other person or authority. The Attorney General is also a member of the Advisory Committee on the Prerogative of Mercy and acts as presiding officer during Speaker elections in the Legislative Assembly, and has a constitutional right to attend all meetings of the Assembly and all meetings of the Executive Council. The current Attorney General
3600-401: The framers of the U.S. Constitution may have envisioned the president as an elected constitutional monarch, as the term was then understood, following Montesquieu's account of the separation of powers. The present-day concept of a constitutional monarchy developed in the United Kingdom, where they democratically elected parliaments, and their leader, the prime minister , exercise power, with
3672-410: The government change, Fraser and his allies secured passage of the appropriation bills, and the Governor-General dissolved Parliament for a double dissolution election. Fraser and his government were returned with a massive majority. This led to much speculation among Whitlam's supporters as to whether this use of the Governor-General's reserve powers was appropriate, and whether Australia should become
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#17327722254193744-428: The government is carried on by a cabinet composed predominantly of elected Members of Parliament . However, three important factors distinguish monarchies such as the United Kingdom from systems where greater power might otherwise rest with Parliament . These are: Other privileges may be nominal or ceremonial (e.g., where the executive, judiciary, police or armed forces act on the authority of or owe allegiance to
3816-450: The hands of a single person or group. To achieve this, each branch is subject to checks by the other two; in general, the role of the legislature is to pass laws, which are then enforced by the executive, and interpreted by the judiciary . The executive can also be the source of certain types of law or law-derived rules, such as a decree or executive order . In those that use fusion of powers , typically parliamentary systems , such as
3888-525: The individual, embedding self-determination in the main body of the constitution. The new constitution also replaced the Legislative Council with the Legislative Assembly, and better explained the role of the Governor and the Chief Executive . The Argentine Republic claims the Falkland Islands (known in Spanish as Islas Malvinas ) to be part of its territory. This claim is disputed by
3960-470: The legislature can express its lack of confidence in the executive, which causes either a change in governing party or group of parties or a general election. Parliamentary systems have a head of government (who leads the executive, often called ministers ) normally distinct from the head of state (who continues through governmental and electoral changes). In the Westminster type of parliamentary system ,
4032-471: The legislature, which can also subject its actions to judicial review. However, the executive often has wide-ranging powers stemming from the control of the government bureaucracy , especially in the areas of overall economic or foreign policy . In parliamentary systems, the executive is responsible to the elected legislature, which must maintain the confidence of the legislature or one part of it, if bicameral. In certain circumstances (varying by state),
4104-414: The monarch and through powers still formally possessed by the monarch. No person may accept significant public office without swearing an oath of allegiance to the King . With few exceptions, the monarch is bound by constitutional convention to act on the advice of the government. Poland developed the first constitution for a monarchy in continental Europe, with the Constitution of 3 May 1791 ; it
4176-441: The monarch is still the nominal chief executive, but is bound by convention to act on the advice of the Cabinet. However, a few monarchies (most notably Japan and Sweden ) have amended their constitutions so that the monarch is no longer the nominal chief executive. There are fifteen constitutional monarchies under King Charles III , which are known as Commonwealth realms . Unlike some of their continental European counterparts,
4248-411: The monarch of the United Kingdom can theoretically exercise an absolute veto over legislation by withholding royal assent. However, no monarch has done so since 1708, and it is widely believed that this and many of the monarch's other political powers are lapsed powers . There are currently 43 monarchies worldwide. Executive (government) The scope of executive power varies greatly depending on
4320-688: The monarch's name, in the form typical in Europe the monarch no longer personally sets public policy or chooses political leaders. Political scientist Vernon Bogdanor , paraphrasing Thomas Macaulay , has defined a constitutional monarch as "A sovereign who reigns but does not rule". In addition to acting as a visible symbol of national unity , a constitutional monarch may hold formal powers such as dissolving parliament or giving royal assent to legislation. However, such powers generally may only be exercised strictly in accordance with either written constitutional principles or unwritten constitutional conventions, rather than any personal political preferences of
4392-452: The monarchs having ceded power and remaining as a titular position. In many cases the monarchs, while still at the very top of the political and social hierarchy, were given the status of "servants of the people" to reflect the new, egalitarian position. In the course of France 's July Monarchy , Louis-Philippe I was styled "King of the French" rather than "King of France". Following the unification of Germany , Otto von Bismarck rejected
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#17327722254194464-454: The political context in which it emerges, and it can change over time in a given country. In democratic countries, the executive often exercises broad influence over national politics, though limitations are often applied to the executive. In political systems based on the separation of powers , such as the United States of America , government authority is distributed between several branches in order to prevent power being concentrated in
4536-401: The powers retained by the Thai monarch under the constitution, lèse majesté protects the image of the monarch and enables him to play a role in politics. It carries strict criminal penalties for violators. Generally, the Thai people were reverent of Bhumibol. Much of his social influence arose from this reverence and from the socioeconomic improvement efforts undertaken by the royal family. In
4608-419: The principle of separation of powers is not as entrenched as in some others. Members of the executive ( ministers ), are also members of the legislature, and hence play an important part in both the writing and enforcing of law. In presidential systems , the directly elected head of government appoints the ministers. The ministers can be directly elected by the voters. In this context, the executive consists of
4680-467: The resignation of William Pitt the Younger as prime minister in 1801. The sovereign's influence on the choice of prime minister gradually declined over this period. King William IV was the last monarch to dismiss a prime minister, when in 1834 he removed Lord Melbourne as a result of Melbourne's choice of Lord John Russell as Leader of the House of Commons. Queen Victoria was the last monarch to exercise real personal power, but this diminished over
4752-429: The ruling monarchs wield significant executive power. However, while they are theoretically very powerful within their small states, they are not absolute monarchs and have very limited de facto power compared to the Islamic monarchs , which is why their countries are generally considered to be liberal democracies and not undemocratic. For instance, when Hereditary Prince Alois of Liechtenstein threatened to veto
4824-407: The same person as hereditary monarchy under the Westminster system of constitutional governance. Two constitutional monarchies – Malaysia and Cambodia – are elective monarchies , in which the ruler is periodically selected by a small electoral college . The concept of semi-constitutional monarch identifies constitutional monarchies where the monarch retains substantial powers, on
4896-462: The same time, in Scotland , the Convention of Estates enacted the Claim of Right Act 1689 , which placed similar limits on the Scottish monarchy. Queen Anne was the last monarch to veto an Act of Parliament when, on 11 March 1708, she blocked the Scottish Militia Bill . However Hanoverian monarchs continued to selectively dictate government policies. For instance King George III constantly blocked Catholic Emancipation , eventually precipitating
4968-478: The sovereign. In The English Constitution , British political theorist Walter Bagehot identified three main political rights which a constitutional monarch may freely exercise: the right to be consulted, the right to encourage, and the right to warn. Many constitutional monarchies still retain significant authorities or political influence, however, such as through certain reserve powers , and may also play an important political role. The Commonwealth realms share
5040-468: Was that of the Hittites . They were an ancient Anatolian people that lived during the Bronze Age whose king had to share his authority with an assembly, called the Panku , which was the equivalent to a modern-day deliberative assembly or a legislature. Members of the Panku came from scattered noble families who worked as representatives of their subjects in an adjutant or subaltern federal-type landscape. According to Herodotus , Demonax created
5112-521: Was the Legislative Council, which had existed since the 19th century. The judicial branch consists of the Supreme Court, the Court of Appeal, the Summary Court and the Magistrates' Court. The judiciary is strictly independent of the executive and legislature, although it has links with the other branches of the government through the Advisory Committee on the Prerogative of Mercy . The government also employs six lawyers (the Attorney General, Law Commissioner, two Crown Counsels and two Legislative Drafters),
5184-561: Was the second single-document constitution in the world just after the first republican Constitution of the United States . Constitutional monarchy also occurred briefly in the early years of the French Revolution , but much more widely afterwards. Napoleon Bonaparte is considered the first monarch proclaiming himself as an embodiment of the nation, rather than as a divinely appointed ruler; this interpretation of monarchy
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