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Gibraltar Parliament (formerly the House of Assembly)

The home of the Government of Gibraltar is the Gibraltar Parliament, this was previously known as the Gibraltar House of Assembly between 1969 and 2006. This unicameral body consists of seventeen members elected by vote of the Gibraltar electorate and the speaker. The speaker is the only non-elected member and is appointed by a simple majority of its members and presented by the Chief Minister after consulting with the Leader of the Opposition. The speaker does not have a vote and vacates the position when Parliament is dissolved. The Chief Minister is the Elected Member who leads the political party with the largest majority and is appointed by the Governor.

Gibraltar has a single constituency, individual voters have up to 10 votes for their choice from all the candidates standing. Members are elected by popular vote to serve 4 year terms.

The role of the Governor of Gibraltar is mainly symbolic as the representative of the head of state Queen Elizabeth II. With each successive constitution the role of the Governor has been reduced. Under the current Constitution, the Government of Gibraltar is responsible for all matters except Defence, foreign policy, internal security and the judiciary. Formally Defence, foreign policy and internal security are the responsibility of the Governor; judicial and other appointments are also made on behalf of the Queen in consultation with the head of the elected government.

The Gibraltar Police Authority is responsible for internal security and policing in Gibraltar. It is independent of the Parliament and is comprised of a Chairman and seven members acting on the advice of the Specified Appointments Commission, together with one member appointed by each of the Governor and Chief Minister. Reflecting English Common Law and Ordinances, Gibraltar has had an independent judiciary and Supreme Court of Justice since the 1830 Charter of Justice. Gibraltar remains dependent upon the United Kingdom for foreign relations and defence.

While recognising British sovereignty over Gibraltar, Spain disputes its extent, claiming the Southern part of the isthmus connecting the Rock to the mainland and the territorial waters and airspace around Gibraltar. Spain requests the return of Gibraltar citing the principle of territorial integrity.

The UK, although willing to consider this request, cites the principle of self-determination, and will only negotiate with the consent of the people of Gibraltar. The UK also accepts a provision in the Treaty of Utrecht that states that upon a British withdrawal, the territory must first be offered to the Spanish crown. Gibraltar does not accept this limits its right to self-determination.

Gibraltar remains on the United Nations list of Non-Self-Governing Territories. The UK and Gibraltar argue that under the criteria specified by UN Resolution 1541 Gibraltar has been decolonised, meriting removal. Spain supports its retention arguing that Gibraltar has not been decolonized as required by UN Resolution 1514.