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A new constitution order was approved in a referendum in 2006, which moved Gibraltar to a more Crown dependency-like relationship with the UK, rather than the previous colonial status. [36] The new constitution came into effect in January 2007. Gibraltar is classified as a British overseas territory.
Upon declaring Gibraltar to be a Crown Colony in 1830, [7] the 1830 Charter of Justice [8] established an independent judiciary and a Supreme Court of Justice. [7] This reflected the British colonial system, where individual colonies had their own, distinct governments, finances, and judicial systems. [9]
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, and to provide a mechanism for dispute resolution. The legal system of Gibraltar is based on English law and is a mix of common law and statute.
The UK Parliament retains the ability to legislate for the crown dependencies even without the agreement of their legislatures. No crown dependency has representation in the UK Parliament. Although they are British Overseas Territories, Bermuda and Gibraltar have similar relationships to the UK as do the Crown Dependencies. While the United ...
The Crown Dependencies [c] are three offshore island territories in the British Islands that are self-governing possessions of the British Crown: the Bailiwick of Guernsey and the Bailiwick of Jersey, both located in the English Channel and together known as the Channel Islands, and the Isle of Man in the Irish Sea between Great Britain and Ireland.
The English Law (Application) Act 1962 stipulates that English common law will apply to Gibraltar unless overridden by Gibraltar law. However, as Gibraltar is a self-governing British overseas territory, it maintains its own independent tax status and its parliament can enact laws independently of the United Kingdom.
In the 1830s, the status of Gibraltar evolved from "The town and garrison of Gibraltar" to the "Crown Colony of Gibraltar". [Note 1] Yet, civilian rights could still be suppressed in light of military order. [6] A Charter of Justice, Civilian Magistracy Supreme Court, and Civil Rights were created that same year.
The Government of Gibraltar is elected for a term of four years. The head of government is the chief minister, currently the Hon. Fabian Picardo of the Gibraltar Socialist Labour Party (GSLP), who has been in office since 9 December 2011, in alliance with the Liberal Party of Gibraltar (Liberals), following the 2011 General Election.