Gibraltar Constitution Order 1969

The Gibraltar Constitution Order 1969 was published on 30 May 1969 as an Order in Council.

The constitution was the outcome of the Constitutional Conference chaired by Malcolm Shepherd, 2nd Baron Shepherd which lasted from July 16, 1968 to July 24. The Gibraltarian members of the Constitutional Conference were: Joshua Hassan, Aurelio Montegriffo and Abraham Serfaty for the Association for the Advancement of Civil Rights; Robert Peliza, Maurice Xiberras and legal advisor Sir Frederick Bennet for the Integration With Britain Party; and Peter Isola.

The move towards the 1969 Constitution was sparked off after the outcome of the 1967 sovereignty referendum, where 99.19% of Gibraltarians voted against passing under Spanish sovereignty and in favour of retaining their link with Britain, with democratic local institutions and with Britain retaining its present responsibilities.

The crucial feature of the 1969 Constitution for the Gibraltarians was the Preamble to the Order in Council promulgating the Constitution, in its final form began:

Whereas Gibraltar is part of Her Majesty’s dominions and Her Majesty’s Government have given assurances to the people of Gibraltar that Gibraltar will remain part of Her Majesty’s dominions unless and until an Act of Parliament otherwise provides, and furthermore that Her Majesty’s Government will never enter into arrangements under which the people of Gibraltar would pass under the sovereignty of another state against their freely and democratically expressed wishes.

This Preamble has been called the "single most significant statement made on the sovereignty of Gibraltar since the signing of the Treaty of Utrecht".

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