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The Legal Profession
Legal and Constitutional Regime in Brief
The Cayman
Islands (Consitution) Order 1972, issued by Her Majesty's Privy Council
under the UK West Indies Act 1962, provides the current consitutional
framework. As a British dependent territory, there is, in theory, no limit
to the UK's parliamentary authority which may be imposed on the Islands,
although they possess a unicameral legislative assembly of 18 elected
members, including the Financial Secretary, the Attorney-General and the
Administrative Secretary, serving a four-year term. The Governor, who is
appointed by the Crown, is responsible for defence, foreign policy,
internal security, civil administration and aspects of finance policy.
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Policy is
devised by an executive council made up of three official members appointed
by the Governor and four members elected by the legislative assembly. The
current Governor and President of the Executive Council is John Owen. The
Governor, who is advised on policy, usually consents to the policy
proposals unless it falls exclusively within his remit as Governor.
The Cayman Islands
have their own independent judiciary with a court of first instance,
the Grand Court (High Court) and appeals to the Cayman Islands Court
of Appeal and, finally, to the Privy Council in London. In accordance
with the Cayman Islands (Consitution) Order (as amended) and the
local Interpretation Law (1995 Revision), the legal framework in
the Cayman Islands is a combination of English common law and statutory
law (local enactments
and UK legislation extended to apply in Cayman). The local Contracts
Law (1996 Revision) and the local Sale of Goods Law (1997 Revision)
both expressly provide that the rules of English common law continue
to govern contractual relations.
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