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Jersey's Constitution

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Jersey's Constitution Jersey’s Constitution A brief history The Bailiwick of Jersey, consisting of the Island of Normandy, united with The Crown since Jersey and its surrounding smaller islands, reefs the invasion of England by William the and rocks, is the largest and most populous part Conqueror in 1066. of the Channel Islands. The Channel Islands, part of the Duchy of Along with Guernsey and the Isle of Man, Normandy for more than a hundred years Jersey is one of three Crown Dependencies at that point, were persuaded to side whose allegiance to the English Crown (The with King John. Crown) has spanned over 800 years of warfare, modernisation and political turmoil. As a Islanders were given the right to be governed Crown Dependency, Jersey is not a colony or an by their own laws, with the King instructing Overseas Territory of the United Kingdom (UK). them to select 12 men as Jurats to form the Island’s Royal Court with the Bailiff and preside In 1204, King John lost the Battle of Rouen over criminal and civil justice. A warden, later against the French King Philippe-Auguste. to become Governor, was appointed by the The defeat signalled the loss of continental King to organise the defence of the Island. Jersey’s current constitution The Queen has a representative in Jersey, the Lieutenant Governor, who Jersey is a self-governing parliamentary ensures the good governance of the Island and works alongside: democracy under the ultimate sovereignty of The Crown. It has its own independent legal, administrative and fiscal systems and is not part ¡ the Dean of Jersey, the leader of the of the UK, Great Britain or EU. The ability for Church of England in Jersey; Jersey to determine its own laws, raise taxation, ¡ the Bailiff, the President of the and hold elections is based on long-standing States who acts as Speaker of constitutional precedent. the Assembly in the Westminster tradition. The Bailiff is also President Jersey does not receive subsidies from or pay of the Royal Court and civic head contributions to the UK. It does however make of the Island with responsibility for annual voluntary contributions towards the costs official communication with the UK of defence and international representation by authorities; and the UK. ¡ the Attorney General - legal adviser to the Government, the States Assembly, States Departments and The Crown JERSEY • LONDON • DUBAI • MUMBAI • HONG KONG • SHANGHAI • NEW YORK JERSEY • LONDON • DUBAI • MUMBAI • HONG KONG • SHANGHAI Factsheet Jersey’s Constitution | 2 The States Assembly The Assembly is made up of: ¡ eight Senators who represent the The States Assembly has the power to: pass whole of the Island; and amend laws and regulations; approve the annual budget and taxation; appoint ¡ 12 Connétables (Constables) - Each and remove the Chief Minister, Ministers, Parish (administrative district) is presidents and members of committees, and led by a Connétable who has a dual debate matters proposed by the Council of role as both head of the Parish and Ministers or by individual members. Members member of the States of Jersey; and are also able to ask questions in order to ¡ 29 Deputies who represent the scrutinise the work of the Government. interests of their Parishes in the States as well as engaging in wider issues affecting the whole Island. HM Appointed by The Crown The Queen Elizabeth II British Lieutenant Armed Bailiff Governor Forces Solicitor Deputy Attorney Dean Bailiff General General Elected by Public Jersey Residents 12 Elected by States Chief Aged 16+ Constables Minister 8 29 9 Ministries/ Senators Deputies Ministers Departments Factsheet Jersey’s Constitution | 3 The Government of Jersey When does UK legislation extend to Jersey? The Jersey ministerial system of government was introduced in 2005. Executive powers are exercised by the Chief Minister and nine UK legislation rarely extends to the Crown Ministers, who are elected from among the Dependencies and if it does, it is only where Assembly and are known collectively as the the Island’s authorities have been consulted in Council of Ministers. Ministers are accountable advance and given their consent. The Ministry to the assembly for the conduct of their of Justice provides guidance to government departments. departments about the prior engagement with the authorities in each Crown Dependency. Agreements signed between the UK and Where appropriate, legislation is normally Crown Dependencies in 2007/8 governing extended through an Order in Council made the process of extending international under an enabling provision in the Act known agreements by consent, as well as the as a ‘Permissive Extent Clause’, which allows approach to the representation of the Jersey’s for appropriate modification in how the Act is particular international interests, has helped applied. It is even rarer (only for example in to lay the groundwork for Jersey forging its the case of British nationality laws) for an Act own international identity. of the UK Parliament to be intended to apply in and of itself. For legislation to take effect in While not a sovereign state, Jersey has been Jersey, it must be submitted for registration by expanding its treaty network with global the Royal Court of Jersey. partners in limited areas, in which it is granted an ‘entrustment’ to do so by the UK The UK Government has consistently adopted Government, on behalf of The Crown. a non-interventionist policy regarding Jersey’s affairs. The Kilbrandon Report 1973 stated The Island has, for example, signed a number that The Crown has ultimate responsibility of Double Taxation Agreements (DTAs) and for the good government of all the Crown Tax Information Exchange Agreements (TIEAs) Dependencies (including Jersey) and that to promote transparency and information good government would only be called into exchange, to provide tax certainty to question in the most serious of circumstances, residents and investors, and to support such as the fundamental breakdown of reciprocal investment. public order or endemic corruption in the government, legislature or judiciary. What is The Crown responsible for? What about the EU? ¡ Granting Royal Assent to the Island’s Jersey is not, and nor has it ever been, a legislation member of the European Union. Jersey’s relationship with the EU was enshrined in ¡ Military defence of Jersey ‘Protocol 3’ of the UK’s Accession in 1972, and now in the UK-EU Trade and Cooperation ¡ Representing the international interests of Agreement (TCA) following the UK’s departure Jersey, as it is not a sovereign state from the EU. Disclaimer: This factsheet is only intended to provide a general overview of the subject matter. It does not constitute, and should not be treated as, legal advice. For more information, please contact a member of the Jersey Finance team on: +44 (0) 1534 836000 | [email protected] www.jerseyfinance.je /company/jersey-finance @jerseyfinance www.youtube.com/jerseyfinance .
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