The Crown dependencies are three island territories off the coast of Great Britain that are self-governing possessions of the Crown: the Bailiwick of Guernsey, the Bailiwick of Jersey and the Isle of Man. They do not form part of either the British Overseas Territories. Internationally, the dependencies are considered "territories for which the United Kingdom is responsible", rather than sovereign states; as a result, they are not member states of the Commonwealth of Nations. However, they do have relationships with the Commonwealth, the European Union, other international organisations, are members of the British–Irish Council, they have their own teams in the Commonwealth Games. They are not part of the European Union; the Isle of Man is within the EU's VAT area. As the Crown dependencies are not sovereign states, the power to pass legislation affecting the islands rests with the government of the United Kingdom; however they each have their own legislative assembly, with the power to legislate on many local matters with the assent of the Crown.
In each case, the head of government is referred to as the Chief Minister. "The Crown" is defined differently in each Crown Dependency. In Jersey, statements in the 21st century of the constitutional position by the Law Officers of the Crown define it as the "Crown in right of Jersey", with all Crown land in the Bailiwick of Jersey belonging to the Crown in right of Jersey and not to the Crown Estate of the United Kingdom. Legislation of the Isle of Man defines the "Crown in right of the Isle of Man" as being separate from the "Crown in right of the United Kingdom". In Guernsey, legislation refers to the "Crown in right of the Bailiwick", the Law Officers of the Crown of Guernsey submitted that "The Crown in this context ordinarily means the Crown in right of the république of the Bailiwick of Guernsey" and that this comprises "the collective governmental and civic institutions, established by and under the authority of the Monarch, for the governance of these Islands, including the States of Guernsey and legislatures in the other Islands, the Royal Court and other courts, the Lieutenant Governor, Parish authorities, the Crown acting in and through the Privy Council."
This constitutional concept is worded as the "Crown in right of the Bailiwick of Guernsey". Since 1290, the Channel Islands have been governed as the Bailiwick of Jersey, comprising the island of Jersey and uninhabited islets such as the Minquiers and Écréhous the Bailiwick of Guernsey, comprising the islands of Guernsey, Alderney, Herm and Lihou; each Bailiwick is a Crown dependency and each is headed by a Bailiff, with a Lieutenant Governor representing the Crown in each Bailiwick. Each Bailiwick has its own legal and healthcare systems, its own separate immigration policies, with "local status" in one Bailiwick having no jurisdiction in the other; the two Bailiwicks exercise bilateral double taxation treaties. Since 1961, the Bailiwicks have had separate courts of appeal, but the Bailiff of each Bailiwick has been appointed to serve on the panel of appellate judges for the other Bailiwick; the Bailiwick of Guernsey comprises three separate jurisdictions: Guernsey, which includes the nearby islands of Herm and Jethou, other smaller uninhabited islands.
Sark, which includes the nearby island of Brecqhou, other smaller uninhabited islands. Alderney, including smaller surrounding uninhabited islands; the parliament of Guernsey is the States of Deliberation, the parliament of Sark is called the Chief Pleas, the parliament of Alderney is called the States of Alderney. The three parliaments together can approve joint Bailiwick-wide legislation that applies in those parts of the Bailiwick whose parliaments approve it. Guernsey issues its own coins and banknotes: Guernsey banknotes Coins of the Guernsey poundThese circulate in both Bailiwicks alongside UK coinage and English and Scottish banknotes, they are not legal tender within the UK. There are no political parties in any of the parliaments. Guernsey has its own separate international vehicle registrations, internet domain, ISO 3166-2 codes, first reserved on behalf of the Universal Postal Union and added by the International Organization for Standardization on 29 March 2006. In any case the GBG on a numberplate is only put on the number plate of a car or motorbike at the request of the vehicle owner and is not compulsory, however a motorbike/scooter can have an identical number to a car, e.g. 5432 on 2 wheels and on 4 wheels.
The Bailiwick of Jersey consists of the island of Jersey and a number of surrounding uninhabited islands. The parliament is the States of Jersey, the first known mention of, in a document of 1497; the States of Jersey Law 2005 introduced the post of Chief Minister of Jersey, abolished the Bailiff's power of dissent to a resolution of the States and the Lieutenant Governor's power of veto over a resolution of the States, established that any Order in Council or Act of the United Kingdom proposed to apply to Jersey must be referred to the States so that the States can express their views on it. Jersey issues its own coins and banknotes: Jersey banknotes Coins of the Jersey poundThese circulate in both Bailiwicks alongside UK coinage and English and Scottish banknotes, they are not legal tender within
Law of Jersey
The Law of Jersey has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law. The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, is distinct from that of the other Channel Islands such as Guernsey, although they do share some historical developments. Jersey's legal system is'mixed' or'pluralistic', sources of law are in French and English languages, although since the 1950s the main working language of the legal system is English. Jersey's legislature, the States Assembly makes legislation affecting most areas of activity; the highest form of legislation made by the States is'Laws'. If a proposed Law is to be controversial, the general desirability of having new legislation on the topic may be debated before the Law drafted; the procedure for making Laws is set out in the Standing Orders of the States of Jersey. Once the Law is in draft from, it starts the legislative process as a projet de loi, which may be introduced to the States by a Minister, any States Member, a scrutiny panel or the Comité des Connétables.
At the stage known as'first reading', the title of the projet is read out and the projet is'lodged au Greffe' providing a two to six week breathing space for Members to read the draft Law. Under Article 16 of the Human Rights Law 2000, the Minister or other person lodging the projet au Greffe must make a written statement that the provisions of the projet are compatible with Convention rights or'make a statement that although is unable to make a statement of compatibility wants the States to proceed with the projet'. At the next'second reading' stage, there is a formal debate in the States chamber during which members consider the principle of the projet and scrutinise the draft in detail. At'third reading' stage there is an opportunity for minor drafting errors to be corrected. Members vote to adopt the law; the Law is submitted via the Lieutenant Governor's office for transmission to London, where officials in the Ministry of Justice examine the Law. In 2010, the House of Commons Justice Committee was critical of the UK Government's approach, finding that'The Islands are more than adequately advised by their own Law Officers and Parliamentary Counsel.
It seems a strange use of Ministry of Justice resources... to engage in a kind of legislative oversight which does not restrict itself to the constitutional grounds for scrutiny'. This process may take several months. In an unusual move in 2011, campaigners against a Law that sought to reduce the number of Senators in the States petitioned the Privy Council to advise the Queen to refuse Royal Assent. Once official scrutiny is complete in London, the Law is formally presented to Her Majesty for Royal Assent at a meeting of the Privy Council held at Buckingham Palace or Windsor Castle. After a Law receives Royal Assent, the final step is for it be registered with the Royal Court of Jersey. At this point it is'passed'; the Law is brought into force at a date decided by the relevant Jersey minister. There may be a considerable delay between a Law being passed and it becoming effective if, for example, civil servants need to be trained, computer systems put in place or money found to pay for the new scheme.
Laws adopted and passed are published in print as Recueil de Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law website. In Jersey, there are other types of legislation in addition to Laws. Regulations: these are used where a Law delegates to the States Assembly power to make binding rules to implement a named Law. Triennial Regulations: since the 18th century, the States of Jersey has had power to make provisional regulations of up to three years' duration. Orders and Rules: these are made by a Minister, within the scope of powers set out in a Law. Custom is a source of law in the Jersey legal system, it has been described as "the product of accepted usage and practice. It has no formal sanction or authority behind it other than the general consensus of opinion within the community", it differs from English common law where rules stated by a judge of a senior court are binding law because they are stated by a judge. In customary law, the role of the judiciary is to look for evidence of what is "generally accepted usage and practice".
Many rules of customary law have crystallised to such an extent that everyone accepts them as binding without discussion. The boundaries of the Parishes, the existence of the office of Bailiff and various rules relating to possession of land and inheritance fall into this category. Many rules of customary law are to be found discussed in the texts of the "Commentators" and the case law of the Jersey courts. Where the works of the commentators do not deal with situation, the Jersey courts look at factual evidence to work out is the "generally accepted usage and practice"; the customary law of the Duchy of Normandy is influential as a source of law in Jersey though Jersey ceased to part of Normandy in 1204. Norman law developed in two main epochs–the "Ancienne coutume" and the "Coutume reformée"; the northern and western regions of Medieval Europe "were a patchwork of territorial areas in which the main source of law was customs and practices which had become fixed and settled". Norman law was based on repeated practices in Feudal society.
The earliest known written account of the Ancienne coutume of Normandy is the "Très-ancienne coutume", first set down in Latin manuscript around 1199 to 1223. It was translated into French, probabl
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey, leading the Council of Ministers, which makes up part of the Government of Jersey. The head of government is not directly elected by the people but rather by the legislature, the States Assembly); the post was created by reforms to the machinery of government to change from a consensus style of government by committee of the whole States of Jersey to a system of cabinet government under a Chief Minister. The first Chief Minister of Jersey was elected on 5 December 2005 following the Jersey elections, 2005. Two candidates were nominated on 1 December 2005: Senator Stuart Syvret Senator Frank WalkerIn a secret ballot on Monday, 5 December 2005, the States of Jersey elected Senator Walker to be the first Chief Minister in Jersey history, receiving 38 votes to Senator Syvret's 14 votes of support, an unsurprising result for the latter who considered himself the underdog. Senator Terry Le Sueur was elected Chief Minister on 8 December 2008 following the Jersey general election, 2008.
In a secret ballot, the States of Jersey voted for Senator Le Sueur with 36 votes. The only other challenger, Senator Alan Breckon, received 17 votes. Senator Ian Gorst was elected Chief Minister in an open ballot on 14 November 2011, beating Senator Sir Philip Bailhache 27 votes to 24, he nominated his preferred candidates for ministerial office on 16 November 2011, took office as Chief Minister following the completion of elections of ministers on 18 November 2011. List of current heads of government in the United Kingdom and dependencies Coverage from BBC Radio Jersey
Normandy is one of the 18 regions of France referring to the historical Duchy of Normandy. Normandy is divided into five administrative departments: Calvados, Manche and Seine-Maritime, it covers 30,627 square kilometres, comprising 5% of the territory of metropolitan France. Its population of 3.37 million accounts for around 5% of the population of France. The inhabitants of Normandy are known as Normans, the region is the historic homeland of the Norman language; the historical region of Normandy comprised the present-day region of Normandy, as well as small areas now part of the departments of Mayenne and Sarthe. The Channel Islands are historically part of Normandy. Normandy's name comes from the settlement of the territory by Danish and Norwegian Vikings from the 9th century, confirmed by treaty in the 10th century between King Charles III of France and the Viking jarl Rollo. For a century and a half following the Norman conquest of England in 1066, Normandy and England were linked by Norman and Frankish rulers.
Archaeological finds, such as cave paintings, prove that humans were present in the region in prehistoric times. Celts invaded Normandy in successive waves from the 4th to the 3rd century BC; when Julius Caesar invaded Gaul, there were nine different Celtic tribes living in Normandy. The Romanisation of Normandy was achieved by the usual methods: Roman roads and a policy of urbanisation. Classicists have knowledge of many Gallo-Roman villas in Normandy. In the late 3rd century, barbarian raids devastated Normandy. Coastal settlements were raided by Saxon pirates. Christianity began to enter the area during this period. In 406, Germanic tribes began invading from the east; as early as 487, the area between the River Somme and the River Loire came under the control of the Frankish lord Clovis. Vikings started to raid the Seine valley during the middle of the 9th century; as early as 841, a Viking fleet appeared at the mouth of the Seine, the principal route by which they entered the kingdom. After attacking and destroying monasteries, including one at Jumièges, they took advantage of the power vacuum created by the disintegration of Charlemagne's empire to take northern France.
The fiefdom of Normandy was created for Rollo. Rollo had besieged Paris but in 911 entered vassalage to the king of the West Franks, Charles the Simple, through the Treaty of Saint-Clair-sur-Epte. In exchange for his homage and fealty, Rollo gained the territory which he and his Viking allies had conquered; the name "Normandy" reflects Rollo's Viking origins. To this day, in Norwegian language the word nordmann denotes a Norwegian person; the descendants of Rollo and his followers adopted the local Gallo-Romance language and intermarried with the area's native Gallo-Roman inhabitants. They became the Normans – a Norman-speaking mixture of Norsemen and indigenous Franks and Romans. Rollo's descendant William became king of England in 1066 after defeating Harold Godwinson, the last of the Anglo-Saxon kings, at the Battle of Hastings, while retaining the fiefdom of Normandy for himself and his descendants. Besides the conquest of England and the subsequent subjugation of Wales and Ireland, the Normans expanded into other areas.
Norman families, such as that of Tancred of Hauteville, Rainulf Drengot and Guimond de Moulins played important parts in the conquest of southern Italy and the Crusades. The Drengot lineage, de Hauteville's sons William Iron Arm and Humphrey, Robert Guiscard and Roger the Great Count progressively claimed territories in southern Italy until founding the Kingdom of Sicily in 1130, they carved out a place for themselves and their descendants in the Crusader states of Asia Minor and the Holy Land. The 14th-century explorer Jean de Béthencourt established a kingdom in the Canary Islands in 1404, he received the title King of the Canary Islands from Pope Innocent VII but recognized Henry III of Castile as his overlord, who had provided him aid during the conquest. In 1204, during the reign of John Lackland, mainland Normandy was taken from England by France under King Philip II. Insular Normandy remained however under English control. In 1259, Henry III of England recognized the legality of French possession of mainland Normandy under the Treaty of Paris.
His successors, however fought to regain control of their ancient fiefdom. The Charte aux Normands granted by Louis X of France in 1315 – like the analogous Magna Carta granted in England in the aftermath of 1204 – guaranteed the liberties and privileges of the province of Normandy. French Normandy was occupied by English forces during the Hundred Years' War in 1345–1360 and again in 1415–1450. Normandy lost three-quarters of its population during the war. Afterward prosperity returned to Normandy until the Wars of Religion; when many Norman towns joined the Protestant Reformation, battles ensued throughout the province. In the Channel Islands, a period of Calvinism following the Reformation was suppressed when Anglicanism was imposed following the English Civil War. Samuel de Champlain founded Acadia. Four years
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, the jurats are judges of both fact and law in both civil and criminal matters; the term derives from the Latin iūrātus, "sworn ". Under the ancien régime in France, in several towns, of the south-west, such as La Rochelle and Bordeaux, the jurats were members of the municipal body; the title was borne by officials, corresponding to aldermen, in the Cinque Ports, but is now chiefly used as a title of office in the Channel Islands. There are two bodies, consisting each of twelve jurats, for the Bailiwicks of Jersey and of Guernsey respectively, they form, with the bailiff as the Royal Court in each Bailiwick. In Guernsey and Jersey, the jurats, as lay people, are judges of fact rather than law, though they preside over land conveyances and liquor licensing. In Alderney, the jurats are judges of both fact and law in both civil and criminal matters.
Until the constitutional reforms introduced in the 1940s to separate legislature and judiciary, they were elected for life, in Jersey by islandwide suffrage, in Guernsey by the States of Election, were a constituent part of the legislative bodies. Although no longer a political post, the office of jurat is still considered the highest elected position to which a citizen can aspire. However, in Alderney, jurats are appointed by the Crown, following a recommendation from the President of Alderney. In Jersey, the power to raise excise duties was exercised by the Assembly of Governor and Jurats; these financial powers, along with the assets of the Assembly, were taken over by the States of Jersey in 1921, thereby enabling the States to control the budget independently of the Lieutenant Governor of Jersey. In 1948 the jurats were replaced in the legislature by directly-elected senators. Jurats now serve until retirement as non-professional judges of fact, they determine sentences in criminal matters and assess damages in civil matters.
There are twelve Jurats at any one time, who are indirectly elected by an electoral college constituted of States Members and members of the legal profession. The robes of jurats are red with black trim; the Royal Court sits either as the Superior Number. Only the Superior Number can impose sentences of imprisonment of more than four years; the Superior Number acts as a court of first appeal in respect of sentences handed down by the Inferior Number. Otherwise, Appeals from the Inferior Number and the Superior Number are heard by the Jersey Court of Appeal, in which jurats do not sit. Thereafter, any appeal would be heard by the Judicial Committee of the Privy Council sitting in London. Jurats sit on the Island's Licensing Assembly and customarily serve as autorisés to oversee polling at public elections and declare the results; the Prison Board of Visitors, responsible for overseeing the care of prisoners in Jersey's prison system, comprises seven jurats, who inspect the prison and, whilst visiting, hear any prisoners' complaints.
In 2009, a report raised concerns about potential conflicts of interests, recommended that membership of the board should include independent members of the public. In Guernsey, the jurats are still elected by the States of Election, made up of the Island's judiciary, law officers and Anglican clergy; the Royal Court of Guernsey sits either as the Full Court. The position of Juré-Justicier Suppléant was created in 2008 whereby a Jurat with over five years service and is aged over 65 may retire and offer themselves for election as a Juré-Justicier Suppléant whereby the retirement age advances to 75; the robes of jurats are purple. The court of Alderney consists of the Judge of Alderney. Juror Lay judge Capitoul, the equivalent office in Toulouse "How to become a Jurat in Jersey". BBC News Online. 7 December 2009. Retrieved 5 November 2013
A legislature is a deliberative assembly with the authority to make laws for a political entity such as a country or city. Legislatures form important parts of most governments. Laws enacted by legislatures are known as primary legislation. Legislatures observe and steer governing actions and have exclusive authority to amend the budget or budgets involved in the process; the members of a legislature are called legislators. In a democracy, legislators are most popularly elected, although indirect election and appointment by the executive are used for bicameral legislatures featuring an upper chamber. Names for national legislatures include "parliament", "congress", "diet", "assembly", depending on country; each chamber of the legislature consists of a number of legislators who use some form of parliamentary procedure to debate political issues and vote on proposed legislation. There must be a certain number of legislators present to carry out these activities; some of the responsibilities of a legislature, such as giving first consideration to newly proposed legislation, are delegated to committees made up of a few of the members of the chamber.
The members of a legislature represent different political parties. Legislatures vary in the amount of political power they wield, compared to other political players such as judiciaries and executives. In 2009, political scientists M. Steven Fish and Matthew Kroenig constructed a Parliamentary Powers Index in an attempt to quantify the different degrees of power among national legislatures; the German Bundestag, the Italian Parliament, the Mongolian State Great Khural tied for most powerful, while Myanmar's House of Representatives and Somalia's Transitional Federal Assembly tied for least powerful. Some political systems follow the principle of legislative supremacy, which holds that the legislature is the supreme branch of government and cannot be bound by other institutions, such as the judicial branch or a written constitution; such a system renders the legislature more powerful. In parliamentary and semi-presidential systems of government, the executive is responsible to the legislature, which may remove it with a vote of no confidence.
On the other hand, according to the separation of powers doctrine, the legislature in a presidential system is considered an independent and coequal branch of government along with both the judiciary and the executive. Legislatures will sometimes delegate their legislative power to administrative or executive agencies. Legislatures are made up of individual members, known as legislators. A legislature contains a fixed number of legislators. For example, a legislature that has 100 "seats" has 100 members. By extension, an electoral district that elects a single legislator can be described as a "seat", as, example, in the phrases "safe seat" and "marginal seat". A legislature may debate and vote upon bills as a single unit, or it may be composed of multiple separate assemblies, called by various names including legislative chambers, debate chambers, houses, which debate and vote separately and have distinct powers. A legislature which operates as a single unit is unicameral, one divided into two chambers is bicameral, one divided into three chambers is tricameral.
In bicameral legislatures, one chamber is considered the upper house, while the other is considered the lower house. The two types are not rigidly different, but members of upper houses tend to be indirectly elected or appointed rather than directly elected, tend to be allocated by administrative divisions rather than by population, tend to have longer terms than members of the lower house. In some systems parliamentary systems, the upper house has less power and tends to have a more advisory role, but in others presidential systems, the upper house has equal or greater power. In federations, the upper house represents the federation's component states; this is a case with the supranational legislature of the European Union. The upper house may either contain the delegates of state governments – as in the European Union and in Germany and, before 1913, in the United States – or be elected according to a formula that grants equal representation to states with smaller populations, as is the case in Australia and the United States since 1913.
Tricameral legislatures are rare. Tetracameral legislatures no longer exist, but they were used in Scandinavia. Legislatures vary in their size. Among national legislatures, China's National People's Congress is the largest with 2 980 members, while Vatican City's Pontifical Commission is the smallest with 7. Neither legislature is democratically elected: the National People's Congress is indirectly elected. Legislature size is a trade off between representation. Comparative analysis of national legislatures has found that size of a country's lower house tends to be proportional to the cube root of its population.
Connétable (Jersey and Guernsey)
Connétables in Jersey and Guernsey are the elected heads of the Parishes. They are called'constables' in English; the constables are entitled each to carry a silver-tipped baton of office. In Jersey, each parish elects a constable for a three-year mandate to run the parish and represent the parish in the legislature, the States of Jersey. At parish-level, the constable presides over the Roads Committee, the Conseil Paroissial and Parish Assemblies; the twelve constables collectively sit as the Comité des Connétables. The constable is the titular head of the Honorary Police. With the Roads Inspectors, Roads Committee and other officers, the constable of each parish carries out the visites du branchage twice a year. In Guernsey, each parish elects the senior constable and the junior constable. Persons elected serve a year as junior and senior constable; the senior constable presides over the Douzaine. The constables are responsible for enforcing the decisions of the parish including the branchage. In Sark, the Connétable is the senior of two police officers and police administrator and the Vingtenier is the junior police officer.