Constitution of Jersey

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It is said that King John granted the Channel Islands their self-government in his Constitutions. Pictured: John signing Magna Carta. Magna Carta King John signing the Magna Carta reluctantly by Michael, Arthur C (d 1945).jpg
It is said that King John granted the Channel Islands their self-government in his Constitutions. Pictured: John signing Magna Carta.

The Bailiwick of Jersey has an unwritten constitution arising from the Treaty of Paris (1259). When Henry III and the King of France came to terms over the Duchy of Normandy, the Norman mainland the suzerainty of the King of France. The Channel Islands however remained loyal to the British crown due to the loyalties of its Seigneurs. But they were never absorbed into the Kingdom of England by any Act of Union and exist as "peculiars of the Crown".

Contents

This peculiar political position has often been to the benefit of islanders. Until the 19th century, the island was generally able to be exempt from the harsher parts of Westminster legislation, while being included in favourable policies, such as protectionist economic policies. England, and later the United Kingdom, passively exploited the strategic benefits of the Channel Islands. For example, they were able to serve as a convenient stop-off point for trade to Gascony. [1]

Legislation

Legislation relating to the organisation of government includes:

Jersey constitutional law

Reform

All laws in Jersey must be registered by the Royal Court to become law. Royal Court States Building Saint Helier Jersey.jpg
All laws in Jersey must be registered by the Royal Court to become law.

Campaigns for constitutional reform during the 19th century successfully called for: the replacement of lay Jurats with professional judges in the Royal Court to decide questions of law; the establishment of a Police Court (later known as the Magistrate's Court); the creation of a Petty Debts Court; a professional, salaried police force for St Helier in addition to the Honorary Police; and the reform of "archaic procedure of the Royal Court for criminal trials". [20] In 1845, the elected office of deputy was created though this did little to redress the disparity of representation between the rural and urban parishes: in 1854 St Helier contained over half of the island's population, yet was able to elect only three out of the 14 deputies. [21]

Two significant constitutional reforms took place during the 20th century. In 1946, the States of Jersey drew up plans for change following the German Occupation, which were examined by a Committee of the Privy Council. [22] No change was made to the functions of the Bailiff. The twelve Jurats were removed from the assembly of the States of Jersey and replaced by twelve senators elected on an island-wide basis who would have no judicial functions. The twelve Rectors also lost their place in the States assembly. No reforms were made to the role of the Deputies in the assembly. The second major reforms took place in December 2005, when the States of Jersey Law 2005 came into force. This created a system of ministerial government to replace the previous committee-based administration. [23]

Electoral reform is a topic of debate on the island. The 2000 Clothier report recommended the reform of the composition of the States to have a single type of member known as a Member of the States of Jersey (MSJ). [24] In 2009, the States Assembly rejected proposals to keep the 12 Connétables and introduce 37 deputies elected to six "super-constituencies". [25] In 2010, the States assembly agreed to holding elections for all seats on a single date and to cut the number of Senators from 12 to 8. [26] In 2016, a proposition (P.2016/113) was voted on in the States concerning changes to its composition. The 12 Parish Connétables would retain their position as States Members, with 32 Senators elected from six large districts, each electing either six or five Senators. [27] In 2021, the States Assembly voted a large reform of their composition from the 2022 general election. The role of Senators will be abolished and the eight senators replaced with an increased number of deputies. The 37 deputies will be elected from nine super constituencies, rather than in individual parishes as they are now. Although efforts were made the remove the Connétables, they will continue their historic role as States members. [28]

In December 2010, a committee chaired by Lord Carswell recommended changes to the role of the Bailiff—in particular that the Bailiff should cease to the presiding officer over the States Assembly.

The States Assembly agreed in March 2011 to establish an independent electoral commission to review the make-up of the assembly and government. [29] [ citation needed ]

In April 2011, Deputy Le Claire lodged au Greffe a request for the Chief Minister to produce, for debate, a draft written "Constitution for Jersey"; [30] the States Assembly did not support this idea. [31]

Clothier report

The Report of the Review Panel on the Machinery of Government in Jersey [24] was released in December 2020 with an aim to provide a deep reform of the island's governance system.

The report recommended a reform of the electoral system. They recommended that an independent Chief Electoral Officer be appointed, that elections be reformed to become single-day general elections (for all States Members, including Connétables) and that candidates be required to submit a brief statement on policies and objectives for the next term.

The report recommended alterations to the composition of the States. According to the report, the role of Senator should be abolished and replaced with 12 additional States members; the Connétables should no longer be States Members ex officio, being required to run for office separately if they wish to sit in the States; that discrepancies between the number of representatives and the parishes' populations should be evened out; that the name Deputy should be replaced with Member of the States of Jersey and that the total size of the Assembly should be between 42 and 44 members.

The report recommended that the existing Committee structure, made of twenty four committees, should be abolished and replaced. They recommended that the number of portfolios was too large, and should be reduced; that for the committees there should be established a number of departments (as few as seven); the political direction of each department should be the purview of a Minister and one or two other members; that a Council of Ministers should be created, invested with sufficient powers; that a Treasury Department should be established to take over the Resources role of the Policy and Resources Committee and that new Scrutiny committees should be established to scrutinize the Council of Ministers.

On the role of the Bailiff, the report recommended that he should cease to act as the president of the States assembly and that a Speaker should be elected instead by the States. They also recommended he no longer be the principal link with the Home Office. Instead, he should focus his full time on his role as the Chief Justice of the Island and his position as the Lord Chancellor-equivalent for the island should be respected.

Otherwise, the report also recommended that facilities for States members be improved, with the establishment of a Committee of Members, which would provide proper facilities for all Members; that a Jersey (or Channel Islands) Ombudsman be appointed to hear complaints about Government Departments and that there should be regular use of consultative papers.

Role of the United Kingdom

Jersey's constitutional geography places it outwith the United Kingdom, but part of the British Islands. British Isles Venn Diagram-en (3).png
Jersey's constitutional geography places it outwith the United Kingdom, but part of the British Islands.

The Crown Dependencies have each had a historic and complex relationship with the United Kingdom and with its predecessors. Jersey is not, and has never been, part of the United Kingdom, the Kingdom of Great Britain or the Kingdom of England, however it has been a dependency of the monarch of each of these states at their time of existence. Therefore, the government in Westminster has played an important role in Jersey's lawmaking and political landscape since Jersey was separated from the Norman mainland. Furthermore, the island's strong non-political links with Great Britain has meant that the British political goings-on have frequently had a strong effect on Jersey's politics.

Unlike the situation of the British Overseas Territories, the UK Parliament has never been the constitutional link between the Channel Islands and the UK and the island has never had representation in the House of Commons. [32] The link is instead through the monarch. [1] : 6–7  Within the United Kingdom government, responsibility for relations between Jersey (and the other Crown dependencies) and the United Kingdom lie in the Crown Dependencies Branch within the International Directorate of the Ministry of Justice, which has a core team of three officials, with four others and four lawyers available when required. [33] : paras 11–12 

In 2010, the House of Commons Justice Committee, conducting an inquiry into the Crown dependencies, found that the Jersey government and those of the other islands were "with some important caveats, content with their relationship with the Ministry of Justice". [33] : para 13  Tensions have, however, arisen from time to time. In the 1980s, there were discussions about a financial contribution from Jersey towards the United Kingdom's costs in relation to defence and international representation. [34] In March 2009, the House of Lords Constitution Committee criticised UK government proposals in the Borders, Citizenship and Immigration Bill dealing with the Common Travel Area, concluding that "the policy-making process ... has not been informed by any real appreciation of the constitutional status of the Crown dependencies or the rights of free movement of Islanders". [35] In 2009, the UK cancelled the reciprocal health agreement with Jersey, though a new one came into effect in April 2011. [36] [37]

According to constitutional convention United Kingdom legislation may be extended to Jersey by Order in Council at the request of the Island's government. Whether an Act of the United Kingdom Parliament may expressly apply to the Island as regards matters of self-government, or whether this historic power is now in abeyance, is a matter of legal debate. The States of Jersey Law 2005 established that no United Kingdom Act or Order in Council may apply to the Bailiwick without being referred to the States of Jersey. [38]

Although Jersey is for most day-to-day purposes entirely self-governing in relation to its internal affairs, the Crown retains residual responsibility for the "good government" of the island. [33] : Chapter 3  The UK government has consistently adopted a "non-interventionist policy", and following the "high degree of consensus amongst academics, legal advisers, politicians and officials" would only intervene "in the event of a fundamental breakdown in public order or the rule of law, endemic corruption in the government or other extreme circumstances". [33] : Chapter 3  According to UK Ministry of Justice guidance, UK Government departments have a responsibility to engage directly with the Crown Dependencies. [32]

Related Research Articles

<span class="mw-page-title-main">Jersey</span> British Crown Dependency in the English Channel

Jersey, officially known as the Bailiwick of Jersey, is an island country and self-governing British Crown Dependency near the coast of north-west France. It is the largest of the Channel Islands and is 14 miles (23 km) from the Cotentin Peninsula in Normandy. The Bailiwick consists of the main island of Jersey and some surrounding uninhabited islands and rocks including Les Dirouilles, Les Écréhous, Les Minquiers, and Les Pierres de Lecq.

<span class="mw-page-title-main">History of Jersey</span> History of Jersey in the Channel Islands

Jersey – the largest of the Channel Islands – has been an island for around 6,000 years. Early inhabitation is evidenced by various neolithic monuments and hoards. In the 10th century, Jersey became part of Normandy. When the Normans conquered England in the 11th century, Jersey remained a part of the Duchy of Normandy, but when Normandy and England were finally split in the 13th century, the Channel Islands remained loyal to the English Crown, splitting Jersey politically from mainland Normandy.

<span class="mw-page-title-main">Politics of Jersey</span>

The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. The head of the civil administration and judiciary is the Bailiff Timothy Le Cocq, while the Chief Minister Lyndon Farnham is the head of government. The current monarch and head of state is King Charles III.

<span class="mw-page-title-main">Crown Dependencies</span> Self-governing possessions of the British Crown

The Crown Dependencies are three offshore island territories in the British Islands that are self-governing possessions of the British Crown: the Bailiwick of Guernsey and the Bailiwick of Jersey, both located in the English Channel and together known as the Channel Islands, and the Isle of Man in the Irish Sea between Great Britain and Ireland.

The Bailiff is the chief justice in each of the Channel Island bailiwicks of Guernsey and Jersey, also serving as president of the legislature and having ceremonial and executive functions. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the 13th century. The bailiffs and deputy bailiffs are appointed by the Crown on the advice of the Secretary of State for Justice and may hold office until retirement age.

<span class="mw-page-title-main">Elections in Jersey</span> Overview of the procedure of elections in the Bailiwick of Jersey

Elections in Jersey take place for the States Assembly and at parish-level. Various parties have been formed over the years in Jersey, but few candidates stand for election affiliated to any political party. All elections in Jersey use the first-past-the-post voting system. In 2008, the voting age was reduced to 16 years.

<span class="mw-page-title-main">Political parties in Jersey</span>

Although the politics of Jersey has been largely based on independent parliamentary representatives, from time to time the island has had political parties. There are currently 3 active political parties in the island.

The jurats are lay people in Guernsey and Jersey who act as judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, however, the jurats are judges of both fact and law in both civil and criminal matters.

<span class="mw-page-title-main">Philip Bailhache</span> Jersey politician and lawyer (born 1946)

Sir Philip Martin Bailhache KC is a Jersey politician and lawyer who has served as a Deputy for St Clement since 2022 and the leader of the Jersey Liberal Conservatives party.

<span class="mw-page-title-main">Parishes of Jersey</span> Administrative district of Jersey in the Channel Islands

The parishes of Jersey are the civil and religious administrative districts of Jersey in the Channel Islands. All have access to the sea and share a name with their ancient parish churches. The parishes and roles within them are based on ancient Jersey law, drawing from the Norman customary law system. As such, many of the parish roles and structures have often been ill-defined.

<span class="mw-page-title-main">States Assembly</span> Parliament of Jersey, a British Crown Dependency

The States Assembly is the parliament of Jersey, formed of the island's 37 deputies and the Connétable of each of the twelve parishes.

<span class="mw-page-title-main">Lieutenant Governor of Jersey</span> Representative of the British monarch in the Bailiwick of Jersey

The lieutenant governor of Jersey is the representative of the British monarch in the Bailiwick of Jersey, a Crown dependency of the British Crown.

<span class="mw-page-title-main">Parish Assembly (Jersey)</span>

A Parish Assembly in Jersey is the decision-making body of local government, comprising ratepayers and electors of the parish.

<span class="mw-page-title-main">Honorary Police</span> Unpaid police force in Jersey

There is an Honorary Police force in each of the twelve parishes of Jersey. Members of the Honorary Police are elected by the voters of the parish in which they serve, and are unpaid.

<span class="mw-page-title-main">Law of Jersey</span>

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<span class="mw-page-title-main">Courts of Jersey</span>

The Courts of Jersey are responsible for the administration of justice in the Bailiwick of Jersey, one of the Channel Islands. They apply the law of the Island, which is a mixture of customary law and legislation passed by the legislature, the States Assembly.

<span class="mw-page-title-main">External relations of Jersey</span>

The External relations of the Bailiwick of Jersey are conducted by the External Relations department of the Government of Jersey. Jersey is not an independent state; it is a British Crown dependency, so internationally the United Kingdom is responsible for protecting the island and for consulting Jersey on international trade agreements but it is not a British territory.

<span class="mw-page-title-main">Judiciary of Jersey</span> Judicial branch of the government of the island of Jersey

The judiciary of Jersey is a branch of the government of Jersey that interprets and applies the laws of Jersey, to ensure equal justice under law, and to provide a mechanism for dispute resolution. The Bailiff of Jersey is the President of the Royal Court. Individual trials are heard by the Bailiff, the Deputy Bailiff or a Commissioner. The Master of the Royal Court deals with some preliminary matters in civil cases. The Court is supported by the Judicial Greffier who acts as the registrar. In addition to the judge, the Royal Court includes a number of volunteer Jurats. The Jurats decide issues of fact in criminal and civil trials, hand down sentences in criminal trials and award damages in civil trials. All judges in Jersey are bound by a code of conduct, introduced in 2007, which requires them to "uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication".

Crown dependencies are independently administered jurisdictions which do not form part of either the United Kingdom or the British Overseas Territories. They are self-governing possessions of the Crown. Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states.

<span class="mw-page-title-main">Corn Riots</span> 1769 riots in Jersey

The Corn Riots, also known as the Jersey Revolution, was a revolt which took place in Jersey on 28 September 1769. In an example of direct action against government oppression, under the government of Lieutenant Bailiff Charles Lemprière, hundreds of Jerseymen marched from the north of the island to the south and occupied the Royal Court. The revolt is a significant point in Jersey political history, as the powers of legislation were removed from the Royal Court and placed in the States Assembly.

References

  1. 1 2 Kelleher, John D. (1991). The rural community in nineteenth century Jersey (Thesis). S.l.: typescript.
  2. ↑ "States of Jersey Law 2005". Jersey Legal Information Board . Retrieved 28 August 2011.
  3. ↑ "Administrative Decisions (Review)(Jersey) Law 1982". Jersey Legal Information Board . Retrieved 28 August 2011.
  4. ↑ "Loi (1804) au sujet des assemblées paroissiales". Jersey Legal Information Board . Retrieved 28 August 2011.
  5. ↑ "Loi (1905) au sujet des assemblées paroissiales". Jersey Legal Information Board . Retrieved 28 August 2011.
  6. ↑ "Bailiff of Jersey (Vacancy in Office) Law 1959". Jersey Legal Information Board . Retrieved 28 August 2011.
  7. ↑ "European Communities (Jersey) Law 1973". Jersey Legal Information Board . Retrieved 28 August 2011.
  8. ↑ "Loi (1853) au sujet des centeniers et officiers de police". Jersey Legal Information Board . Retrieved 28 August 2011.
  9. ↑ "Centeniers (Terms of Office) (Jersey) Law 2007". Jersey Legal Information Board . Retrieved 28 August 2011.
  10. ↑ "Human Rights (Jersey) Law 2000". Jersey Legal Information Board . Retrieved 28 August 2011.
  11. ↑ "Judicial and Legislative Functions (Separation) (Jersey) Law 1951". Jersey Legal Information Board . Retrieved 28 August 2011.
  12. ↑ "Parish of St. Helier (Qualifications for Office) (Jersey) Law 1976". Jersey Legal Information Board . Retrieved 28 August 2011.
  13. ↑ "Police Force (Jersey) Law 1974". Jersey Legal Information Board . Retrieved 28 August 2011.
  14. ↑ "Prison (Jersey) Law 1957". Jersey Legal Information Board . Retrieved 28 August 2011.
  15. ↑ "Public Elections (Jersey) Law 2002". Jersey Legal Information Board . Retrieved 28 August 2011.
  16. ↑ "Public Finances (Jersey) Law 2005". Jersey Legal Information Board . Retrieved 28 August 2011.
  17. ↑ "Regulation of Investigatory Powers (Jersey) Law 2005". Jersey Legal Information Board . Retrieved 28 August 2011.
  18. ↑ "Royal Court (Jersey) Law 1948". Jersey Legal Information Board . Retrieved 28 August 2011.
  19. ↑ "Règlements Provisoires". Jersey Legal Information Board . Retrieved 28 August 2011.
  20. ↑ Le Quesne, J G (2005). "The Development of Constitutional Autonomy during the Nineteenth Century". In Bailhache, Philip (ed.). A Celebration of Autonomy: 1204–2004, 800 years of Channel Islands' Law. St Helier: Jersey and Guernsey Law Review Ltd. ISBN   0-9535903-7-2.
  21. ↑ Le Hérissier, Roy (1972). The Development of the Government of Jersey 1771–1972. St Helier, Jersey: States of Jersey. p. 88. ISBN   0-9501995-1-6.
  22. ↑ Home Office (March 1947). Report of the Committee of the Privy Council on Proposed Reforms in the Channel Islands. Cmd 7074. London, United Kingdom: HMSO. OCLC   34405533.
  23. ↑ The States of Jersey Policy and Resources Committee (1 December 2000). Report of the Review Panel on the Machinery of Government in Jersey (PDF). St Helier, Jersey: States of Jersey.{{cite book}}: |author= has generic name (help)
  24. 1 2 "Error" (PDF).
  25. ↑ "Constitutional reforms rejected – Jersey News from ITV Channel Television". channelonline.tv. 2011. Archived from the original on 22 March 2012. Retrieved 4 September 2011.
  26. ↑ "Yes to General Elections – Jersey News from ITV Channel Television". channelonline.tv. 2011. Archived from the original on 22 March 2012. Retrieved 4 September 2011.
  27. ↑ Lewis, A.D. (2016-12-12). COMPOSITION AND ELECTION OF THE STATES ASSEMBLY (PDF) (Report). States Greffe.
  28. ↑ "Politicians bat away last-ditch attempt to save Senators". Bailiwick Express. Retrieved 2021-04-22.
  29. ↑ "States in a state? – Jersey News from ITV Channel Television". Channelonline.tv. 2011. Archived from the original on 22 March 2012. Retrieved 4 September 2011.
  30. ↑ Le Claire, Paul (5 April 2011). "Constitution for Jersey". States of Jersey. Retrieved 28 August 2011.
  31. ↑ "States Assembly". Statesassembly.gov.je. Retrieved 21 April 2019.
  32. 1 2 Fact sheet on the UK's relationship with the Crown Dependencies (PDF) (Report). UK Ministry of Justice. n.d.
  33. 1 2 3 4 House of Commons Justice Committee (23 March 2010). Crown Dependencies (PDF). Vol. 8th Report of Session 2009–10. London, United Kingdom: The Stationery Office. p. 52. ISBN   978-0-215-55334-8. Archived from the original (PDF) on 25 July 2017. Retrieved 8 September 2017.
  34. ↑ See below.
  35. ↑ House of Lords Constitution Committee (11 March 2009). Part 3 of the Borders, Citizenship and Immigration Bill. Vol. 7th Report of Session 2008–2009. London, United Kingdom: The Stationery Office. ISBN   978-0-104-01450-9. Archived from the original on 30 July 2019. Retrieved 30 July 2019.
  36. ↑ "Lords Hansard text for 25 Jan 201025 Jan 2010 (pt 0002)". Publications.parliament.uk. Archived from the original on 10 December 2018. Retrieved 21 April 2019.
  37. ↑ "House of Commons Hansard Ministerial Statements for 01 Apr 2011 (pt 0001)". Publications.parliament.uk. Archived from the original on 11 February 2020. Retrieved 21 April 2019.
  38. ↑ "Jersey Law - STATES OF JERSEY LAW 2005". 3 October 2011. Archived from the original on 3 October 2011. Retrieved 21 April 2019.
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