The Crown and the constitution
A briefing paper on the constitutional aspects of the Crown

The paper describes the role of UK-appointed Governors in the Overseas Territories to make law and policy on reserved topics, such as external affairs.
The UK Overseas Territories and their Governors (608 KB , PDF)
This briefing describes the roles and powers of the UK-appointed Governors in each of the UK’s 14 Overseas Territories (OTs), and how they interact with Territory Governments.
There are 14 UK OTs across the globe, but only 10 are permanently inhabited by British nationals. The majority of their 260,000 inhabitants are British citizens. A list of Territories is below (those marked with a * are permanently inhabited by British nationals):
Ascension, St Helena and Tristan da Cunha* | British Antarctic Territory | Falkland Islands* | Turks and Caicos Islands* |
Akrotiri and Dhekelia | British Indian Ocean Territory | Gibraltar* | South Georgia & South Sandwich Islands |
Anguilla* | British Virgin Islands* | Montserrat* | |
Bermuda* | Cayman Islands* | Pitcairn* |
The Territories all have historic links to the UK and with the UK and Crown Dependencies like Jersey form one undivided realm, where the Queen is sovereign. This means they have no separate representation internationally.
Each inhabited Territory has its own constitution and parliament or council.
However, they have varying powers and responsibilities. Bermuda and Gibraltar have almost full internal self-government, for example, while in the Pitcairn Islands the Governor remains the primary law-making authority.
Generally, the smaller a Territory’s population, the more law-making power or policy responsibility the Governor (sometimes called the Administrator or Commissioner) wields.
In most OTs, the Governor retains responsibility for external affairs, defence, and internal security (such as the police and judiciary).
In some, such as Anguilla and the Turks and Caicos Islands, the Governor also has responsibility for international financial service regulation. This has been retained by the UK because of the potential security, reputational or financial impact of the Territories on the UK.
These type of “reserve powers” mean the Governor can usually exercise their responsibilities in these fields without reference to the legislature or local government, though they often have to consult with them.
Governors can have also significant law-making powers. Only three Territory constitutions do not allow the Governor to make laws: Bermuda, Montserrat, and St Helena (though they can in Ascension and Tristan da Cunha, which form part of the same Overseas Territory with St Helena). The UK retains the right to make law for all the Territories.
Governors usually chair executive councils, issue pardons, and make grants of crown land.
This paper is divided into five main sections:
The UK Overseas Territories and their Governors (608 KB , PDF)
A briefing paper on the constitutional aspects of the Crown
A briefing paper on the history, functions and membership of the Privy Council
A briefing on higher education provision in the Overseas Territories and access to UK-based institutions.