Roles and responsibilities of Governors in the UK Overseas Territories : prerogative power and democratic accountability

Abstract

Relations between the United Kingdom (UK) and its 14 Overseas Territories (OTs) are long-standing and multifaceted. Each of the ten inhabited OTs has its own parliament or council, and in most cases, a Cabinet; yet, their governance remains based on a ‘partnership’ with the UK, with a division of responsibilities between them. The role of the Governor in ensuring that this ‘partnership’ works effectively is crucial. However, there are concerns about how Governors often exercise their powers (deriving authority from Royal prerogative) and whether a ‘democratic deficit’ exists. They must also navigate the sometimes-competing interests between the UK and the OTs, which can be challenging. This article highlights and interrogates some of these complexities and difficulties at a time when the power and reach of the British Monarch – and thus by association OT Governors – is under scrutiny. In particular, the article considers: the Governor’s softer, day-to-day influencing role; their more formal constitutional powers, where they can and do intervene in legislative matters; and if the ‘democratic deficit’ inherent in the position can be addressed by greater representation of the OTs in the UK Parliament.