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The Constitution of the British Virgin Islands is a predominantly codified constitution documented primarily within the Virgin Islands Constitution Order, 2007[1] a statutory instrument of the United Kingdom. The 2007 Constitution was the fourth written constitution of the British Virgin Islands, and superseded the 1976 constitution.[2] In addition to the constitution itself, a number of the constitutional powers of the British Virgin Islands government are specified a "letter of entrustment" from the Foreign and Commonwealth Office which delegates powers to the British Virgin Islands government to represent itself in certain external affairs.[3]
The 2007 Constitution was adopted as part of a wider consultation between the United Kingdom and the British Overseas Territories. Accordingly, the Constitution is in substantially similar form to the constitutions of a number of other British dependent territories. The Constitution came into force immediately following the dissolution of the old Legislative Council prior to the 2007 general election. The new constitution adopted new nomenclature: the Chief Minister was renamed the premier, the Executive Council was renamed the Cabinet, and the Legislative Council was renamed the House of Assembly.
The Constitution is framed on the classic "separation of powers" precept, although as with other Westminster system constitutions, there is a blurring of the distinctions between legislature and executive.
- ^ SI No 1678 of 2007.
- ^ Virgin Islands (Constitution) Order, 1976 (SI No 2145 of 1976).
- ^ As the British Virgin Islands is a dependent territory of the United Kingdom, absent such delegation then all external affairs of the British Virgin Islands would be conducted by the United Kingdom through the Foreign and Commonwealth Office.
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