Beautiful Virgin Islands

Monday, Jan 19, 2026

Thoughts on VI Constitution Review & Amendment

Thoughts on VI Constitution Review & Amendment

The Virgin Islands (VI) (British) latest constitution came online in 2007 and much has changed in 13 years so a constitutional review and amendment is needed to address new and emerging challenges.

The constitution is a dynamic document that organises, distributes, and regulates how the territory is governed to meet the needs of residents, visitors, investors and so on. It promotes democracy, human rights, good governance, the rule of law, equality under the law, individual liberty, free trade, economic and development, education, environment, health and safety, good order and discipline, security among other things.

The VI is a small territory in the Caribbean Sea lying east of Puerto Rico and USVI, and north-west of Anguilla with a size of 59 square miles spread over 36 islands, islets, rocks, and cays with 15 being inhabited and has a current but growing population of approximately 32,000. Under UN charter, it is classified as a non-self-governing territory (1 of 17 current non-self-governing territories; its westerly neighbour, USVI, too is a non-self-governing territory) and an Overseas Territory (OT) of the UK. It is partially self-governing, sharing governing responsibilities with the UK. The UK through its appointed Governor (de facto head of state) is responsible for a) defence, b) external affairs, c) internal security (including Royal Virgin Islands Police Force), civil service, and courts; local government, remaining functions, including finance. What is the source of UK power to grant a constitution to the VI?

Prerogative/Statutory Power


The VI, unlike the UK that does not have a single constitutional instrument, has a distinct written constitution. It is different than and separate from the constitutions of other OTs, though it shares some commonalities with them. Its constitution is contained in an Order of Council and is legally enacted by Her Majesty the Queen by and with the advice of the Privy Council, acting on the recommendation of UK ministers. The constitution is granted under Statutory Power granted by Acts of Parliament. The Act granting the VI constitution is the West Indies Act 1962 (Ian Hendry and Susan Dickson). Though the constitution was issued through Statutory Power, Prerogative Power could have been employed to grant it.

Constitutions of the Modern Era


The VI it appears has had its first written constitution in 1867. However, in the modern era, it has had four (4) constitutions; each constitution provided for some self-governing advancements. The first constitution was granted in 1950 following the Theodolph Faulkner-led Great March of 24 November 1949. It was a temporary holding measure that was intended to re-devolve power back to Legislative Council that was dissolved in 1901, taking power from the Governor of the Leeward Islands. It was described by the late McWelling Todman, QC, as, “an instrument minimal in its intent and its effect.” The constitution re-established the Legislative Council dissolved in 1901 and provided for four (4) directly elected at-large members. Further, the Constitution and Election Ordinance of 1954 expanded the number elected members to six (two in Road Town). It also introduced adult suffrage, for in the 1950 General Election the basis of votes was on landowners who were able to pass a literacy test, eliminating many people from being able to cast a vote.

Second, the 1967 Constitution expanded the elected membership to seven (7), ushered in ministerial government and created the Chief Minister position to lead local government business. The late iconic Hamilton Lavity Stoutt was appointed as the first Chief Minister. Third, the 1976 Constitution and the 1977 Election Ordinance expanded the number of elected members to nine (9) with the 1994 Election Act introducing four (4) at-large territorial seats; this addition brought the number of elected members to 13 (9 districts and 4 at-large).

Fourth, the 2007 Constitution superseded the 1976 Constitution and ushered in some new changes, i.e., Chief Minister was renamed Premier (late Hon Ralph T. O’Neal was the first Premier), Legislative Council renamed House of Assembly, Executive Council renamed Cabinet, a new National Security Council established, along with the office of Director of Public Prosecutions. Additionally, for the first time, it included a chapter setting out the fundamental rights and freedoms of the individual and provisions for their enforcement.

Increasing Autonomy


From the first modern-era constitution in 1950 through the current 2007 Constitution, the territory has earned and granted an increasing level of autonomy. Moreover, the VI has grown exponentially from what some considered the ‘backwater” of the West Indies to a thriving leader in financial services, along with being a top small tourist destination. Additionally, it has one of the highest standards of living, quality of life and per capita income in the region. The territory and its people have grown and are positioned for more increasing levels of self-governing.

Constitutional Review and Amendment


Moreover, as noted above, the VI is ready for increasing levels of autonomy. The increasing levels of autonomy can include:

*  Rename HOA to parliament, creating a bi-cameral assembly of 1) Senate and 2) House.

*  Reduce Governor’s reserve powers;

*  Limit Governor’s responsibility to i) defence and ii) external affairs (make Crown role more ceremonial);

*  UK consult with local government on external/international affairs before acting on its behalf;

*  Delegate power to local government to assent on some domestic bills;

*  Provide time limit for Governor to act/assent bills approved by the people’s duly elected representatives;

*  Develop and institute mechanism(s) to resolve bills Governor failed to assent on. Bills should not just languish and die a natural death on Governor’s desk;

*  Premier should preside over and take command as chairperson of Cabinet meetings;

*  Create local panel to make recommendations to UK government on appointing Crown representative (Governor) in place of Crown just unilaterally appointing a representative based on recommendation of UK ministers. This action would be similar to what is apparently done in Crown dependencies of Jersey, Guernsey, and Isle of Man since 2010;

*  Consult with and attain consent/concurrence on laws affecting the territory before passing them; extend the same courtesy to the VI as is given to Crown dependencies;

*  Increased the number of ministers to address the growing complexity and extensiveness of governing functions. Span of control of some ministers is too extensive;

*  Review, rework and consider adding electoral districts; reimagine the use and efficacy of at-large seats;

*  Premier as Minister of Finance should present the annual Operations and Maintenance, and Capital budgets, replacing the Throne Speech. The Crown representative can deliver a separate speech on state of affairs in UK and how the VI will be impacted;

*  Set a Fix Election Date, leveling the playing field and avoiding the guessing as to when a General Election will occur. The UK has a Fix Election Date;

*  Establish a Constituency Boundaries Commission.

*  Separate the blurring of lines between Legislative and Executive Branches;

*  Establish a Border Protection Unit consisting of air, marine and land assets that is separate from RVIPF;

*  Revise Pension Law to separate pensions out the annual Operations and Maintenance budget, address the current pension unfunded liability, establish a pension managing body, and establish a pension sinking fund, and;

*  Task Premier for the most part to be the spokesperson/voice for the territory on local issues (unity of command).

The relationship between the territory and UK should be one of mutual respect and support; it should be a partnership. The UK as the sovereign country should lead the way in helping the VI progress towards a different level(s) of self-determination, perhaps, even independence. Further, benchmark Bermuda in regard to increasing levels of autonomy. Bermuda is the most senior of the UK’s 14 OTs and has more experience with self-governing.

Newsletter

Related Articles

Beautiful Virgin Islands
0:00
0:00
Close
High-Speed Train Collision in Southern Spain Kills at Least Twenty-One and Injures Scores
Meghan Markle May Return to the U.K. This Summer as Security Review Advances
Trump’s Greenland Tariff Threat Sparks EU Response and Risks Deep Transatlantic Rift
Prince Harry’s High Court Battle With Daily Mail Publisher Begins in London
Trump’s Tariff Escalation Presents Complex Challenges for the UK Economy
UK Prime Minister Starmer Rebukes Trump’s Greenland Tariff Strategy as Transatlantic Tensions Rise
Prince Harry’s Last Press Case in UK Court Signals Potential Turning Point in Media and Royal Relations
OpenAI to Begin Advertising in ChatGPT in Strategic Shift to New Revenue Model
GDP Growth Remains the Most Telling Barometer of Britain’s Economic Health
Prince William and Kate Middleton Stay Away as Prince Harry Visits London Amid Lingering Rift
Britain Braces for Colder Weather and Snow Risk as Temperatures Set to Plunge
Mass Protests Erupt as UK Nears Decision on China’s ‘Mega Embassy’ in London
Prince Harry to Return to UK to Testify in High-Profile Media Trial Against Associated Newspapers
Keir Starmer Rejects Trump’s Greenland Tariff Threat as ‘Completely Wrong’
Trump to hit Europe with 10% tariffs until Greenland deal is agreed
Prince Harry Returns to UK High Court as Final Privacy Trial Against Daily Mail Publisher Begins
Britain Confronts a Billion-Pound Wind Energy Paradox Amid Grid Constraints
The graduate 'jobpocalypse': Entry-level jobs are not shrinking. They are disappearing.
Cybercrime, Inc.: When Crime Becomes an Economy. How the World Accidentally Built a Twenty-Trillion-Dollar Criminal Economy
The Return of the Hands: Why the AI Age Is Rewriting the Meaning of “Real Work”
UK PM Kier Scammer Ridicules Tories With "Kamasutra"
Strategic Restraint, Credible Force, and the Discipline of Power
United Kingdom and Norway Endorse NATO’s ‘Arctic Sentry’ Mission Including Greenland
Woman Claiming to Be Freddie Mercury’s Secret Daughter Dies at Forty-Eight After Rare Cancer Battle
UK Launches First-Ever ‘Town of Culture’ Competition to Celebrate Local Stories and Boost Communities
Planned Sale of Shell and Exxon’s UK Gas Assets to Viaro Energy Collapses Amid Regulatory and Market Hurdles
UK Intensifies Arctic Security Engagement as Trump’s Greenland Rhetoric Fuels Allied Concern
Meghan Markle Could Return to the UK for the First Time in Nearly Four Years If Security Is Secured
Meghan Markle Likely to Return to UK Only if Harry Secures Official Security Cover
UAE Restricts Funding for Emiratis to Study in UK Amid Fears Over Muslim Brotherhood Influence
EU Seeks ‘Farage Clause’ in Brexit Reset Talks to Safeguard Long-Term Agreement Stability
Starmer’s Push to Rally Support for Action Against Elon Musk’s X Faces Setback as Canada Shuns Ban
UK Free School Meals Expansion Faces Political and Budgetary Delays
EU Seeks ‘Farage Clause’ in Brexit Reset Talks With Britain
Germany Hit by Major Airport Strikes Disrupting European Travel
Prince Harry Seeks King Charles’ Support to Open Invictus Games on UK Return
Washington Holds Back as Britain and France Signal Willingness to Deploy Troops in Postwar Ukraine
Elon Musk Accuses UK Government of Suppressing Free Speech as X Faces Potential Ban Over AI-Generated Content
Russia Deploys Hypersonic Missile in Strike on Ukraine
OpenAI and SoftBank Commit One Billion Dollars to Energy and Data Centre Supplier
UK Prime Minister Starmer Reaffirms Support for Danish Sovereignty Over Greenland Amid U.S. Pressure
UK Support Bolsters U.S. Seizure of Russian-Flagged Tanker Marinera in Atlantic Strike on Sanctions Evasion
The Claim That Maduro’s Capture and Trial Violate International Law Is Either Legally Illiterate—or Deliberately Deceptive
UK Data Watchdog Probes Elon Musk’s X Over AI-Generated Grok Images Amid Surge in Non-Consensual Outputs
Prince Harry to Return to UK for Court Hearing Without Plans to Meet King Charles III
UK Confirms Support for US Seizure of Russian-Flagged Oil Tanker in North Atlantic
Béla Tarr, Visionary Hungarian Filmmaker, Dies at Seventy After Long Illness
UK and France Pledge Military Hubs Across Ukraine in Post-Ceasefire Security Plan
Prince Harry Poised to Regain UK Security Cover, Clearing Way for Family Visits
UK Junk Food Advertising Ban Faces Major Loophole Allowing Brand-Only Promotions
×