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Gibraltar Constitution Order 2006


The Gibraltar Constitution Order 2006 was taken to a referendum in Gibraltar on 30 November 2006. A coalition of groups opposing the proposal held that a majority of 60% should be required to give effect to a new Constitution, quoting other instances, but the political parties held that the result should be decided by a simple majority in favour of the new constitution. The constitution was approved by 60% of the votes anyway.

It was nevertheless given effect by an Order in Council on 14 December 2006 and it came into force on 2 January 2007. According to the British government, it aimed to provide a modern and mature relationship that is not based on colonialism between Gibraltar and the United Kingdom.

In 1999, the Government of the United Kingdom invited British Dependent Territories to provide proposals for constitutional reform. A cross-party committee of the Gibraltar House of Assembly was set up to consult with interested parties and in January 2002 produced a report, which was subsequently debated and negotiated with the United Kingdom. The proposals for the reform were accepted by the British Foreign and Commonwealth Office in March 2006 and then were unanimously approved in the House of Assembly in October.

Once promulgated by the Queen-in-Council, the Constitution Order was published as a set of documents:

The proposed constitution had been negotiated with the British Government by a delegation representing Gibraltar, comprising the Government, the Opposition and others. The text of the proposed new Constitution had been welcomed by the House of Assembly in a motion passed unanimously with the support of both sides of the House.

Among changes introduced by the new constitution were:

A referendum on the proposed new constitution order was held on 30 November 2006. The motion proposed and approved was:

In exercise of your right to self-determination, do you approve and accept the proposed new Constitution for Gibraltar?

The possible answers were "Yes" and "No".


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