States of Jersey
Encyclopedia
The States of Jersey is the parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

 and government of Jersey
Jersey
Jersey, officially the Bailiwick of Jersey is a British Crown Dependency off the coast of Normandy, France. As well as the island of Jersey itself, the bailiwick includes two groups of small islands that are no longer permanently inhabited, the Minquiers and Écréhous, and the Pierres de Lecq and...

.

The Assembly of the States of Jersey has exercised legislative
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...

 powers since 1771, when law-making power was transferred from the Royal Court of Jersey.

The system of executive
Executive (government)
Executive branch of Government is the part of government that has sole authority and responsibility for the daily administration of the state bureaucracy. The division of power into separate branches of government is central to the idea of the separation of powers.In many countries, the term...

 government was changed significantly by the States of Jersey Law 2005. Executive powers are now exercised by a Chief Minister
Chief Minister of Jersey
The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....

 and nine ministers, known collectively as the Council of Ministers. In Jersey's system of parliamentary government
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...

, ministers are accountable to the Assembly for the conduct of their departments.

Composition

The constitution of the States is set out in the States of Jersey Law 2005. It is a unicameral
Unicameralism
In government, unicameralism is the practice of having one legislative or parliamentary chamber. Thus, a unicameral parliament or unicameral legislature is a legislature which consists of one chamber or house...

 parliament.

In the 2011-2014 assembly, elected voting members comprise ten Senators (elected on an island-wide basis), twenty-nine Deputies (elected to represent singe- or multi-member constituencies), and twelve Connétable
Connétable
Connétables in Jersey and Guernsey are the elected heads of the Parishes. They are often called 'constables' in English. The constables are entitled each to carry a silver-tipped baton of office.- Jersey :...

s (head of each parish
Parishes of Jersey
The Channel Island of Jersey is divided into twelve administrative districts or parishes. All have access to the sea and are named after the saints to whom their ancient parish churches are dedicated.:* Saint Helier...

 "who are members of the States by virtue of their office"). From the 2014 elections, the number of Senators will be reduced to eight. This reduction in the number of Senators was politically controversial and attempts were made, unsuccessfully, to prevent the Privy Council from approving the proposal.

There are also five non-voting members appointed by the Crown:
  • the Bailiff
    Bailiff (Channel Islands)
    The Bailiff is the chief justice in each of the Channel Island bailiwicks of Jersey and Guernsey, 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...

    –who is the President (presiding officer); in his absence, the Deputy Bailiff or the Greffier
    Greffier
    In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....

    , Deputy Greffier or an elected member presides
  • the Lieutenant Governor of Jersey
    Lieutenant Governor 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....

    –who regularly attends the States but by convention only speaks at the ceremonial sittings marking his appointment and leaving office
  • the Dean of Jersey
    Dean of Jersey
    The Dean of Jersey is the leader of the Church of England in Jersey. He is ex officio a member of the States of Jersey, although since the constitutional reforms of 1948 the Dean may not take part in parliamentary votes...

    –who conducts the opening prayers in French at every sitting and who may speak on any issue
  • the Attorney General–the principal legal adviser to the States who may be called on to provide legal advice during sittings
  • the Solicitor General–the Attorney General's deputy.


The clerk of the Assembly is known as the Greffier
Greffier
In the Channel Islands, the Greffier is the clerk to the legislature or a court. The word Greffier is French in origin. The word Greffe refers to the records kept by the Greffier or the department of government under the Greffier's management....

 of the States.

The Viscount is the executive officer of the States (but is no longer a member of the Assembly).

Under the States of Jersey Act 2005, 22 of the 51 members form the executive: ten as ministers in the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...

 and twelve as assistant ministers. During the 2008-2011 assembly, 17 members sat on scrutiny panels, six sit only on the Planning Applications panel or the Privileges and Procedures Committee; and seven had no role other than as a member. Following widespread criticisms of the system of ministerial government
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...

 introduced in December 2005, the assembly of the States of Jersey agreed in March 2011 to establish an independent electoral commission to review the make-up of the assembly and government.

The most recent elections
Elections in Jersey
Elections in Jersey take place for the Assembly of the States of Jersey 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...

 were held in 1993
Jersey general election, 1993
Elections were held in 1993 for both Senators and Deputies to the States of Jersey.-Senator Elections:*Vernon Tomes 16,392 votes*Stuart Syvret 14,388 votes*John Rothwell 9,586 votes*Anne Bailhache 9,020 votes...

, 1996
Jersey general election, 1996
Elections were held in 1996 for both Senators and Deputies to the States of Jersey.-Senator Elections:*Pierre Horsfall 14,681*Corrie Stein 11,213*Len Norman 11,017*Wendy Kinnard 10,520*Frank Walker 10,295...

, 1999
Jersey general election, 1999
Elections were held in 1999 for both Senators and Deputies to the States of Jersey.-Senator Elections:* Stuart Syvret 15,212* Christopher Lakeman 12,806* Terry Le Sueur10,471* Paul Le Claire 8,287* Jean Le Maistre 7,796...

, 2002
Jersey general election, 2002
Elections were held in 2002 for both Senators and Deputies to the States of Jersey.-Senator Elections:*Philip Ozouf: 14442*Wendy Kinnard: 12230*Paul Routier: 11687*Mike Vibert: 10624*Len Norman: 10192*Frank Walker: 9377*Guy de Faye: 7576...

, 2005, 2008
Jersey general election, 2008
The Jersey general election, 2008 was a series of elections that were taking place in two stages in October and November 2008 in Jersey.- Constable elections :...

 and October 2011
Jersey general election, 2011
General elections for the States of Jersey will be held in Jersey on 19 October 2011, and for the first time Senators, Deputies and Constables will be elected on a single day in Jersey. This will reduce the number of members of the States of Jersey from 53 to 51...

. In the 2008-2011 assembly, four members were affiliated to the Jersey Democratic Alliance
Jersey Democratic Alliance
The Jersey Democratic Alliance is Jersey's only registered political party. JDA candidates contested general elections in 2005 and 2008 but announced in August 2011 that it would not be fielding candidates in the October 2011 elections....

, but three of them subsequently left the party and continued to sit as independents. In the 2011 elections, all candidates stood as independents.

Legislative functions

A main type of legislation made by the States is known in English simply as a 'Law', and in French
Jersey Legal French
Jersey Legal French, also known as Jersey French, is the official dialect of French used administratively in Jersey. Since the anglicisation of the island, it survives as a written language for some laws, contracts, and other documents. Jersey's parliament, the States of Jersey, is part of the...

 as a Loi (not an 'Act' as in the United Kingdom—in Jersey an Act or Acte of the States is an administrative enactment and may be in the nature of secondary legislation).

After a Law is adopted by the States it must receive Royal Assent and be registered with the Royal Court of Jersey before it is 'passed'.

Scrutiny functions

Members of the Assembly are responsible for scrutinizing the work of the Council of Ministers
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...

, ministers and their departments.

Scrutiny panels of backbench members of the assembly have been established to examine (i) economic affairs, (ii) environment, (iii) corporate services, (iv) education and home affairs and (v) health, social security and housing. The real utility of the panels is said to be "that of independent critique which holds ministers to account and constructively engages with policy which is deficient".

History

The legislature derives its name from the estates
Estates of the realm
The Estates of the realm were the broad social orders of the hierarchically conceived society, recognized in the Middle Ages and Early Modern period in Christian Europe; they are sometimes distinguished as the three estates: the clergy, the nobility, and commoners, and are often referred to by...

(French: états) of the Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...

 (represented by the Bailiff and Jurats), the Church (the rectors of the Parishes) and the people (represented by the Connétables) from whom the assembly was originally summoned.

Jersey's political history begins as part of the Duchy of Normandy. However when the King of France stripped King John I of England of the title, Duke of Normandy, the people of Jersey and the other Channel Islands rebelled against the French King maintaining the sovereignty of the 'rightful' Duke.

In 1259 Henry III signed the Treaty of Paris resigning his claim to the Duchy of Normandy except the Channel Islands. The Channel Islands were not absorbed into the Kingdom of England but two offices were appointed; Warden (now Lieutenant Governor) and Bailiff.

Originally the Royal Court had legislative power but by the sixteenth century a legislative assembly within the Royal Court was convened. The Royal Court and the States both legislated until with the fixing in 1771 of the Code des Lois it was established that the States had a legislative monopoly.

The earliest extant Act of the States dates from 1524. The States are mentioned in a document of 1497 regarding the endowments of the grammar schools; by 1526 attendance by members at the assembly was evidently a requirement, as in that year the Rector of Saint Mary
Saint Mary, Jersey
-External links:**...

 was fined for failure to attend.

In the early seventeenth century separate minutes of the States of Jersey were first recorded.

When the monarchy was restored, King Charles II who had escaped to Jersey on his way to exile in France rewarded Jersey with the power to levy customs duties. This power, exercised by the Assembly of Governor, Bailiff and Jurats, was finally taken over by the States of Jersey in 1921, thereby enabling the States to control the budget independently of the Lieutenant Governor.

The States voted on 6 November 1856 to adopt a law to add 14 Deputies to the assembly to counterbalance the mismatch of population and voting power between town and country. The first Deputies were elected 12 January 1857.

The first election by secret ballot was held December 1, 1891.
Until the constitutional reforms brought about in 1948 to strengthen the separation between legislature and judiciary, Jurat
Jurat
Jurat is the name given to the clause at the foot of an affidavit showing when, where, and before whom the actual oath was sworn or affirmation was made....

s were the senior politicians, elected for life by islandwide suffrage, and were the presidents of committees and sat in the Royal Court. In 1948 the Jurats were replaced in the legislature by Senators, who at first were elected on an island-wide basis for mandates of 9 years (subsequently reduced to 6 years). The rectors were also removed from the States in 1948 (with the exception of the Dean as Rector of St. Helier, who remained but lost his vote), and replaced by an increased number of Deputies.

The urban-rural cleavage which successive reforms have attempted to address remains. The less populated rural parishes enjoy an electoral advantage over the densely populated urban parishes due to the inequity of the distribution of seats when compared to population.

A report produced under the chairmanship of Sir Cecil Clothier proposed a range of administrative reforms aimed at improving the machinery of government, including ending the distinction between Senators and Deputies, the removal of the Constables from the States and the removal of the Bailiff. However aspects of the report, especially concerning the rôle of Connétable
Connétable
Connétables in Jersey and Guernsey are the elected heads of the Parishes. They are often called 'constables' in English. The constables are entitled each to carry a silver-tipped baton of office.- Jersey :...

, met with intense opposition at public meetings in the parishes. The ministerial system
Council of Ministers of Jersey
The Council of Ministers is the collective institution of executive government in Jersey. The Council co-ordinates policies and administration, especially policy affecting two or more ministers, prioritises executive and legislative proposals, and presents a "Strategic Plan for Jersey" for approval...

 has been introduced in an amended form to that proposed by Clothier.

States Chamber

The States sat in the Royal Court until 1887 when the States Chamber was constructed adjacent to the Royal Court. The chamber is in Jacobean style, with the benches arranged in horseshoe form around the twin seats of the Bailiff and Lieutenant Governor
Lieutenant Governor 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....

. The Bailiff's seat is raised slightly higher than that of the Lieutenant Governor to demonstrate his precedence.

Senators sit to the left of the Bailiff, then the Connétable
Connétable
Connétables in Jersey and Guernsey are the elected heads of the Parishes. They are often called 'constables' in English. The constables are entitled each to carry a silver-tipped baton of office.- Jersey :...

s, and then the Deputies filling up the benches to the right.

The States Chamber is depicted on the 2010 issue Jersey 20 pound note
Jersey pound
The pound is the currency of Jersey. Jersey is in currency union with the United Kingdom, and the Jersey pound is not a separate currency but is an issue of banknotes and coins by the States of Jersey denominated in pound sterling, in a similar way to the banknotes issued in Scotland and Northern...

.

Broadcasting

BBC Radio Jersey
BBC Radio Jersey
BBC Radio Jersey is the BBC Local Radio service for Jersey, Channel Islands. It broadcasts from its studios at 18-21 Parade Road in Saint Helier on 88.8 FM, 1026 AM as well as online at Jersey....

 broadcasts the main States sittings live on their medium wave frequency 1026 mW in Jersey, replacing the normal BBC Radio Jersey output which is a straight mirror of the FM output.

The raw feed of the States members talking is provided by the States of Jersey and goes through a desk in the BBC Radio Jersey Studio in the States Chamber where it is mixed by the States Reporter on duty that day.

The States output also includes Question Time which is also available on demand from bbc.co.uk/jersey split into the two separate sessions.

See also

  • Politics of Jersey
    Politics of Jersey
    Politics of the Bailiwick of Jersey takes place in a framework of a parliamentary representative democratic constitution.As one of the Crown Dependencies, Jersey is autonomous and self-governing, with its own independent legal, administrative and fiscal systems.The legislature is the Assembly of...

  • Chief Minister of Jersey
    Chief Minister of Jersey
    The Chief Minister of Jersey is the head of government of Jersey. The head of government is not directly elected by the people but rather by the legislature ....

  • Law of Jersey
    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, and is also distinct from that of the other Channel...

  • States of Guernsey
    States of Guernsey
    The States of Guernsey is the parliament of the island of Guernsey. Some laws and ordinances approved by the States of Guernsey also apply to Alderney and Sark as "Bailiwick-wide legislation" with the consent of the governments of those islands...

  • The States
    The States
    The States or the Estates signifies the assembly of the representatives of the estates of the realm, called together for purposes of legislation or deliberation...


External links



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