[2] In addition to the constitution itself, a number of the constitutional powers of the British Virgin Islands government are specified a "letter of entrustment" from the Foreign and Commonwealth Office which delegates powers to the British Virgin Islands government to represent itself in certain external affairs.
[3] The 2007 Constitution was adopted as part of a wider consultation between the United Kingdom and the British Overseas Territories.
Following civil unrest in 1947 the territory was granted its first modern written constitution in 1950,[5] although at this time it still remained part of the wider Federal Colony of the Leeward Islands.
[10] The constitution provides for a unicameral House of Assembly (legislature) based upon representative democracy and a multi-party system.
The governor appoints as premier and head of government the leader of the party with the largest number of seats in the House of Assembly.
Prior to the commencement of Chapter I (but after the legal boilerplate Article 1) the Constitution contains a number of recitals relating to the heritage of the British Virgin Islands, which includes a professed national belief in God.
Chapter II expressly reserves the right to the British Virgin Islands Government to legislate in a way which is prejudicial to non-belongers.
The third chapter, which is made up of articles 35–45, states that there shall be a governor of the British Virgin Islands and describes the appointment process for that office.
The remainder of the chapter sets out the appointment of Cabinet, which is constituted by the premier, four other ministers, and the attorney general ex officio.
This simply provides for the continuing authority of the Eastern Caribbean Supreme Court in the British Virgin Islands.
The eighth chapter, which is made up of articles 102–109, regulates the powers of the Government of the British Virgin Islands over the public finances.
The ninth chapter, which is made up of articles 110–112, sets out the procedure for the appointment of a complaints commissioner and describes its process and function.
However, in 2010 the premier at the time, Ralph O'Neal, publicly stated that the constitution may soon have to be amended to delegate further powers to the territory from the United Kingdom.
[39] Under the Constitution the governor is given responsibility for all external affairs,[40] and in practice this power is exercised by or under the direction of the Foreign and Commonwealth Office.
[44] In the British Virgin Islands 2021 Commission of Inquiry, Sir Gary Hickinbottom recommended that the territory's constitution be suspended and reviewed.