Gibraltar is a British Overseas Territory located on the southern end of the Iberian Peninsula at the entrance of the Mediterranean Sea. During the early days of the British administration, Gibraltar was maintained primarily as a military outpost with limited attention paid to its role as a trading post. Initially long term settlement of Gibraltar was uncertain but as Spain's power waned it became established as an important base for the British Royal Navy. Throughout the 19th century there was conflict between the competing roles of military and trading posts, leading to tensions between the civilian population and the Governor of the day. Some Governors encouraged the development of the civilian role in government, whilst others regarded it as a nuisance. As a result, compared with other former British colonies, civilian Government in Gibraltar emerged largely in the 20th century as the needs of the civilian population were often considered by Governors as subordinate to the needs of the military. Since World War II, Gibraltarians have increasingly asserted their own individual identity. The Rock's relationship with Spain and the sovereignty dispute continues to affect the Politics of Gibraltar to this day.
Background
The majority of the original Spanish population left Gibraltar following the Anglo-Dutch Capture of Gibraltar in 1704, taking with them the articles of the former Spanish administration. As a result, the current constitution and laws of Gibraltar reflect English common law and Acts of Parliament.
In the 18th and 19th centuries, the remnants of the Spanish population were augmented by a settler population established as the British maintained a trading post alongside the military garrison. As the number of inhabitants continued to grow, they found their political and legal standing became dependent on individual Governors and their commitment to the development of a civilian society.
Initially, long term settlement of Gibraltar was not contemplated and on several occasions in the 18th century the British considered returning Gibraltar to Spanish rule. In addition, several Spanish attempts to retake Gibraltar, most notably during the Great Siege of Gibraltar (1779–1783) meant that long term settlement was never inevitable. Gibraltar was unquestionably primarily a fortress and a colony second during the 18th century. During the 19th century, as Spain's power waned, the Napoleonic Wars reinforced the importance of Gibraltar as a fortress and Royal Navy base. It was officially declared a Crown colony in 1830.
Early developments
The first civil judiciary was authorised in 1720, with a separate criminal and civil jurisdiction for Gibraltar created in 1739. However, there were no civilian courts and jurisdiction was exercised by the military under the authority of the Governor. Justices of the peace were first appointed in 1753 and a vice admiralty court established in 1793 to provide for the public auction of enemy ships captured by the Royal Navy.
The first political advances took place during the governorship of Sir George Don which started in 1814. An Exchange and Commercial Library was founded in 1817, with the Exchange Committee initially focused on furthering the interests of merchants based in the fortress. The Exchange Committee evolved into an organ that provided for a local voice in government, although of itself it had no real powers.
Upon declaring Gibraltar to be a Crown Colony in 1830, the Crown established an independent judiciary and a Supreme Court of Justice. This reflected the British colonial system, where individual colonies had their own, distinct governments, finances, and judicial systems. The Charter, however, fell short of explicitly providing for a local role in government, although responsibility for government of Gibraltar passed from the War Office to the newly created Colonial Office. The Gibraltar Police Force was also established following the model of the Metropolitan Police; the first British Overseas Territory to do so.
Although there was not an explicit role for the local population in government, Governor Sir George Don encouraged the development of the civilian administration. Following the establishment of the Exchange Committee by merchants and landowners, Don looked to the committee to provide a local voice. His successor Sir Robert Gardiner proved to be less keen, arguing that the needs of the civilian population were subordinate to the military garrison. Sir Robert suppressed a public petition from the Exchange Committee pressing for an enquiry into his administration in 1852 but was recalled to London in 1855 as unease in his administration grew.