Jersey is a self-governing Crown Dependency with an uncodified constitution. It is not part of the United Kingdom, but owes allegiance to the British Crown, and the United Kingdom is responsible for its defence and international representation. Jersey has its own legislature, executive government, courts, legal system and fiscal autonomy.
The principal modern institutions are the States Assembly, the Council of Ministers, the Royal Court, the Bailiff, the Law Officers, the parish system headed by the connétable, and several integrity institutions.
Constitutional status Jersey’s constitution can be described in several overlapping ways. It is a constitutional monarchy, a parliamentary democracy, a Crown Dependency, and an uncodified constitution.
As a constitutional monarchy, Jersey recognises Charles III as head of state, reigning in right of Jersey. The Lieutenant Governor represents the Crown in the Island. Several senior office-holders, including the Bailiff, Deputy Bailiff, Attorney General and Solicitor General, are appointed by the Crown. Laws adopted by the States Assembly require royal assent before they can come into force. Jersey is also a parliamentary democracy. Members of the States Assembly are elected every four years. The assembly makes legislation, elects the Chief Minister, approves the appointment of ministers, and scrutinises the work of the Council of Ministers and public authorities. As a Crown Dependency, Jersey has domestic autonomy. The States Assembly legislates on most internal matters, while the UK Government is responsible for the Island’s defence and international representation. Jersey is not part of the United Kingdom. Laws passed by the States Assembly are reviewed by the UK Ministry of Justice before being submitted for royal assent. Jersey has an uncodified constitution. Like the United Kingdom, its constitutional rules are found in a range of sources rather than in a single constitutional document. These include legislation, Orders in Council, royal charters, customary law, case law, parliamentary rules and constitutional conventions. Jersey does not have an entrenched constitution under which courts may strike down primary legislation solely because it is inconsistent with a constitutional norm.
Sources of the constitution Jersey does not have a single codified constitutional document. Its constitutional rules are derived from a range of sources, including customary law, Royal Charters and Orders in Council, legislation passed by the States Assembly, Acts of the Parliament of the United Kingdom extended to Jersey, judicial decisions and constitutional conventions. These sources reflect Jersey’s historical relationship with the Crown and the development of its own institutions of self-government.
Several secondary sources are also used to explain Jersey’s constitutional development, although they are not themselves binding legal sources. These include F. de L. Bois’s A Constitutional History of Jersey and R. G. Le Hérissier’s The Development of the Government of Jersey 1771–1972, both published by the States of Jersey.
Customary law
Customary law is law derived from accepted usage and practice rather than from legislation. In Jersey, customary law remains a source of constitutional law as well as private law. Its constitutional significance lies principally in the historical development of the island’s courts, parishes and public offices.
The Royal Court is the oldest court in Jersey and is the only one of the island’s courts not created by statute. The parish system also has customary foundations, although many aspects of parish government are now regulated by legislation. Connétables, who are the heads of the twelve parishes and members of the States Assembly by virtue of that office, have been described as creatures of customary law. Customary law may be declared and developed by the courts, but it may also be modified or abolished by legislation passed by the States Assembly. Royal charters and orders in council
Royal charters were an important source of Jersey’s constitutional privileges. From the thirteenth century onwards, successive English monarchs confirmed or extended the liberties, customs, immunities and exemptions of the Channel Islands, often in recognition of their loyalty to the Crown and the costs and dangers arising from their position close to France.
Charters issued by Edward III, Richard II, Henry IV, Henry V, Henry VI, Edward IV, Richard III and later monarchs repeatedly confirmed the islanders’ privileges for themselves and their heirs and successors. Several charters also protected economic privileges, including exemption from tolls, duties and customs in England, while others confirmed local jurisdiction and limited the authority of royal officials. Elizabeth I’s charter confirmed the jurisdiction of the Royal Court and the principle that islanders should not be compelled to appear before English courts except by royal determination.
Orders in Council are another form of legal instrument issued by the Crown. They may contain rules of constitutional significance for Jersey, including rules about the process by which Laws passed by the States Assembly receive royal assent through the Privy Council.
Legislation
Legislation passed by the States Assembly is a central source of Jersey’s modern constitutional rules.
The most important enactment is the States of Jersey Law 2005, which regulates the composition and proceedings of the States Assembly, introduced ministerial government, and removed the Bailiff’s casting vote and the Lieutenant-Governor’s veto.
Other legislation regulates particular parts of the constitutional system. The Public Elections (Jersey) Law 2002 provides the framework for elections to the States Assembly, while the Public Finances (Jersey) Law 2005 governs the management of public money. The Royal Court (Jersey) Law 1948 concerns the structure of the Royal Court, and the Human Rights (Jersey) Law 2000 gives effect in Jersey law to rights derived from the European Convention on Human Rights.
The parish system and honorary police are also partly regulated by legislation, including the Loi (1804) au sujet des assemblées paroissiales, the Loi (1905) au sujet des assemblées paroissiales, the Loi (1853) au sujet des centeniers et officiers de police, and the Centeniers (Terms of Office) (Jersey) Law 2007.
Judicial decisions Judgments of Jersey’s higher courts — the Royal Court, the Jersey Court of Appeal and the Judicial Committee of the Privy Council — are a further source of constitutional law. In relation to parish government, for example, the courts have clarified both the customary law requirement that procureurs du bien public reside in the parish they serve and the principle that 'the Principals and Officers, adopting a resolution at a properly convened meeting, are the ultimate authority in all parochial matters'.
Constitutional conventions Constitutional conventions also form part of Jersey’s constitutional arrangements. These are political or constitutional norms rather than rules directly enforceable by courts. Examples include the understanding that the UK Parliament does not normally legislate for Jersey without consultation and consent; the expectation that royal assent is not ordinarily refused to Laws passed by the States Assembly unless serious constitutional or international-obligation concerns arise; and the norms of ministerial responsibility and collective government reflected in Jersey’s ministerial codes.
Constitutional principles Jersey’s constitutional arrangements are underpinned by a number of general principles, some of which are expressed in legislation and others in constitutional practice. The preamble to the States of Jersey Law 2005 recognises that Jersey has ‘autonomous capacity in domestic affairs’ and refers to the aim of promoting ‘democratic, accountable and responsive governance’ in accordance with international human rights principles.
One is legislative supremacy, governing the relationship between Jersey's legislature and courts. The States Assembly is Jersey’s elected legislature responsible for passing primary legislation for the Island. Laws adopted by the Assembly require royal assent through the Privy Council and registration in the Royal Court before coming into force. Jersey courts cannot strike down primary legislation passed by the States Assembly. Under the Human Rights (Jersey) Law 2000, however, a court may make a declaration of incompatibility where a Law is incompatible with Convention rights, but such a declaration does not affect the validity, continuing operation or enforcement of the legislation. In Imperium Trustees (Jersey) Ltd v Jersey Competent Authority, the Jersey Court of Appeal made a declaration that the International Co-operation (Protection from Liability) (Jersey) Law 2018 was incompatible with Convention rights. The declaration did not invalidate the Law or prevent it from continuing to operate. The declaration was later set aside on appeal.
Jersey’s constitution also reflects the principle of separation of powers, although not in a strict form. Since the introduction of ministerial government in 2005, executive authority has been exercised by the Chief Minister, ministers and assistant ministers, while the States Assembly retains legislative and scrutiny functions. The Bailiff, however, remains both the Island’s chief judge and the President of the States Assembly. This dual role has been the subject of constitutional debate, particularly in relation to the separation of judicial and legislative functions.
Human rights are also an express constitutional principle. The Human Rights (Jersey) Law 2000 incorporates rights from the European Convention on Human Rights into Jersey law. It makes it unlawful for public authorities to act incompatibly with Convention rights. Following the Jersey Independent Care Inquiry, Jersey strengthened the place of children’s rights in public decision-making by creating the office of Commissioner for Children and Young People and introducing statutory duties linked to the UN Convention on the Rights of the Child.
Main constitutional bodies Jersey’s constitution operates through a number of institutions with legislative, executive, judicial, parochial and advisory functions. The main constitutional bodies include the following: