Paragraph 186 The partnership values

United Kingdom

(1)

The partnership between the United Kingdom and Tristan da Cunha shall continue to be based on the following values—

(a)

good faith;

(b)

the rule of law;

(c)

good government;

(d)

sound financial management;

(e)

the impartial administration of justice;

(f)

the impartiality of the Tristan da Cunha Public Service;

(g)

the maintenance of public order;

(h)

compliance with applicable international obligations of the United Kingdom and of Tristan da Cunha; and

(i)

the maintenance of international peace and security and the right of individual or collective self-defence.

(2)

The relationships between each of Tristan da Cunha, St Helena and Ascension shall continue to be based on the values listed in subsection (1) and a willingness to have due regard for one another’s interests.

(3)

In exercising their responsibilities and powers, all organs of government in Tristan da Cunha have a duty to give effect to the partnership values.

(4)

As the partnership values are statements of political principle, no court shall find that any act or omission of an organ of government was unlawful on account of a failure to give effect to the partnership values.

(5)

Subject to subsection (4), the Supreme Court may enquire, but only on an application for judicial review, whether or not any organ of government (other than the Governor) has acted rationally and with procedural propriety in relation to giving effect to a partnership value.

Notes on Schedule

Modifications

C1: Sch. modified (22.8.2020) by The Overseas Territories (Constitutional Modifications) Order 2020 (S.I. 2020/780), arts. 1(2), 3(2)

Commencement

I1: Sch. in force at 1.9.2009, see art. 1(3)