The Political and Legal Systems
Political System
St Helena is a British Overseas Territory with a well-established political and legal system and a Governor who is appointed by Her Majesty’s Government.
The Island has a Legislative Council comprising of a Speaker, twelve elected councillors and three non-elected ex-officio members.
All legislation enacted by the Legislative Council has to be ratified by Her Majesty’s Government before it has the force of law.
The Legislative Council elects five members to sit, along with the ex-officio members, on the Island's Executive Council. The Executive Council, presided over by the Governor, is responsible for formulating Government policy. This system of on-island Government, with its own Constitution and a Governor, ensures a high degree of democratic decision-making but with appropriate checks and balances. There are no political parties and all Councillors stand as independents.
Several years ago, it was recognised that St Helena's Constitution was out of date. As a result, proposals were drawn up for a new constitution and there was widespread consultation. However, in 2005, the proposal was rejected by the majority of people who participated in a consultative poll. This was due mainly to the fact that the proposal called for establishing a ministerial form of Government. With the exception of introducing this ministerial system, the core values which were proposed have now been reworked into another draft constitution and there has been further discussion with the Island's councillors and with members of the public. The New Constitution will come into force later this year.
The Legal System
The St Helena legal system is derived from English common law and statutes.
The Attorney General is the Government's principal legal advisor while a Public Solicitor and a team of lay advocates provide legal advice to both businesses and members of the public. The judicial system comprises four courts namely the Court of Appeal, Supreme Court, Magistrate's Court and Juvenile Court. Lay Magistrates deal with the majority of court cases and a non-resident, United Kingdom based Judge visits the Island on an annual basis to deal with matters that are outside of the Magistrates' jurisdiction.
The Court of Appeals sits, either in the United Kingdom or on St Helena, as and when necessary, to deal with civil and criminal appeals.