Constitution of Jersey
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The
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:
- States of Jersey Law 2005[2]
- Administrative Decisions (Review)(Jersey) Law 1982[3]
- Loi (1804) au sujet des assemblées paroissiales[4]
- Loi (1905) au sujet des assemblées paroissiales[5]
- Bailiff of Jersey (Vacancy in Office) Law 1959[6]
- European Communities (Jersey) Law 1973[7]
- Loi (1853) au sujet des centeniers et officiers de police[8]
- Centeniers (Terms of Office) (Jersey) Law 2007[9]
- Human Rights (Jersey) Law 2000[10]
- Judicial and Legislative Functions (Separation) (Jersey) Law 1951[11]
- Parish of St. Helier (Qualifications for Office) (Jersey) Law 1976[12]
- Police Force (Jersey) Law 1974[15]
- Prison (Jersey) Law 1957[19]
- Public Elections (Jersey) Law 2002[18]
- Public Finances (Jersey) Law 2005[17]
- Regulation of Investigatory Powers (Jersey) Law 2005[16]
- Royal Court (Jersey) Law 1948[13]
- Règlements Provisoires[14]
Reform
Campaigns for constitutional reform during the 19th century successfully called for: the replacement of lay
Two significant constitutional reforms took place during the 20th century. In 1946, the
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).
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
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
In 2010, the
According to constitutional convention United Kingdom legislation may be extended to Jersey by
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]
References
- ^ a b Kelleher, John D. (1991). The rural community in nineteenth century Jersey (Thesis). S.l.: typescript.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- Jersey Legal Information Board. Retrieved 28 August 2011.
- ISBN 0-9535903-7-2.
- ISBN 0-9501995-1-6.
- OCLC 34405533.
- ^ 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.
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has generic name (help) - ^ a b "Error" (PDF).
- ^ "Constitutional reforms rejected – Jersey News from ITV Channel Television". channelonline.tv. 2011. Archived from the original on 22 March 2012. Retrieved 4 September 2011.
- ^ "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.
- ^ Lewis, A.D. (2016-12-12). COMPOSITION AND ELECTION OF THE STATES ASSEMBLY (PDF) (Report). States Greffe.
- ^ "Politicians bat away last-ditch attempt to save Senators". Bailiwick Express. Retrieved 2021-04-22.
- ^ "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.
- ^ Le Claire, Paul (5 April 2011). "Constitution for Jersey". States of Jersey. Retrieved 28 August 2011.
- ^ "States Assembly". Statesassembly.gov.je. Retrieved 21 April 2019.
- ^ a b Fact sheet on the UK's relationship with the Crown Dependencies (PDF) (Report). UK Ministry of Justice. n.d.
- ^ ISBN 978-0-215-55334-8. Archived from the original(PDF) on 25 July 2017. Retrieved 8 September 2017.
- ^ See below.
- ISBN 978-0-104-01450-9. Archived from the originalon 30 July 2019. Retrieved 30 July 2019.
- ^ "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.
- ^ "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.
- ^ "Jersey Law - STATES OF JERSEY LAW 2005". 3 October 2011. Archived from the original on 3 October 2011. Retrieved 21 April 2019.