The Turks and Caicos Islands are a constitutional democracy under the British Crown. The judges and magistrates appointed to preside or sit in any court of the Turks and Caicos Islands in the exercise of their judicial functions are independent from the legislative and executive branches of government which is a constitutional requirement. The legislature and the Cabinet are constitutionally required to uphold the rule of law and judicial independence and are required to ensure that adequate funds are provided to support the judicial administration in the Islands.
The Judicial Service Commission for the Turks and Caicos Islands is created by Section 86 of the Constitution. It advises H.E. the Governor with respect to judicial appointments, disciplinary control over persons holding the offices of Chief Justice, President of the Court of Appeal, registrar and deputy registrar, and removal from office persons holding or acting in the offices of registrar and deputy registrar (Section 87). The Chairman of the Judicial Service Commission is appointed by H.E. the Governor acting in his/her discretion; two other members are appointed by H. E. the Governor acting after consultation with the Premier and Leader of the Opposition from among persons who hold or have held high judicial office.