Politics of Jersey

thumb|313x313px|A diagram representing Jersey's political structure

The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. Since 2005, Jersey has a system of ministerial government, with a Chief Minister and Council of Ministers appointed from among the 49 elected members of the States Assembly. The Bailiff is chief judge, President of the States Assembly, and civic head. The current monarch and head of state is .

Other powers are exercised by the Connétable and Parish Assembly in each of the twelve parishes.

As one of the Crown dependencies, Jersey is sovereign territory of the Crown, but is not part of the United Kingdom. Jersey can be best described as "neither a colony nor a conquest, but a peculiar and immediate dependency of the Crown." The island is part of the British Islands, a political term encompassing the United Kingdom and the Crown Dependencies. This island is for the most part self-governing, with its own independent legal, administrative and fiscal systems.

The link between the island and the monarchy, rather than through Parliament, has led to an effectively independent political development on the island. In medieval times, the island was treated as a possession of the King by the English government, rather than part of the English state.

History

Prior to English rule

When Augustus Caesar divided Gaul into four provinces, Jersey was part of the province headquartered at Lyons.

In around 933, Duke William I (William Longsword), seized Jersey, which until then had been politically linked to Brittany, and it is likely that the pre-Norman form of government and way of life was replaced at this point. The island adopted the Norman law system, still the basis of Jersey law today.

In 1066, the Duke William the Conqueror defeated Harold Godwinson at Hastings to become the King of England; however, he continued to rule his French possessions, including Jersey, as a separate entity, as fealty was owed to the King of France. This initial association of Jersey with England did not last long, as William split his possessions between his sons: Robert Curthose became Duke of Normandy and William Rufus gained the English Crown. William Rufus' son Henry I recaptured Normandy for England in 1106.

According to the Rolls of the Norman Exchequer, in 1180 Jersey was divided for administrative purposes into three ministeria: , and (possibly containing four parishes each). Gorroic is an old spelling for Gorey, containing St Martin, St Saviour, Grouville and St Clement; Groceio could derive from de Gruchy, and contains St John, Trinity, St Lawrence and St Helier; and Crapoudoit, likely referring to the stream of St Peter's Valley, contains the remainder of the parishes in the West. Legislative power was vested in 12 jurats, the twelve "senior men" of the island. Along with the Bailiff, they would form the Royal Court, which determined all civil and criminal causes (except treason).

Most lords forfeited their insular land in favour of their French territory, but some remained, notably the de Carteret family of St Ouen. The earliest extant Act of the States dates from 1524.

In 1541, the Privy Council, which had recently given a seat to Calais, intended to give two seats in Parliament to Jersey. Seymour, the Lieutenant-Governor of the Island, wrote to the Jurats, instructing them to send two Burgesses for the isle. However, no further steps seemed to have been taken since the letter did not arrive in front of the States Assembly until the day the elected persons were required to arrive in London.

This dispute led to one of the most major turning points in Jersey's constitutional history, as the division of powers between the Governor and Bailiff were clearly demarcated. Though the Privy Council did not agree with Hérault's extreme position on the precedence of the Bailiff, on 18 February 1617 it declared that the "charge of military forces be wholly in the Governor, and the care of justice and civil affairs in the Bailiff." This secured for both the Bailiff and the States precedence over the Governor on justice and civil affairs, the constitutional precedent which limits the involvement of the Lieutenant-Governor in domestic affairs today.

A revolt, known as the Corn Riots or the Jersey Revolution, occurred in 1769. They were centred around the balance of power between the island's parliament, the States, and the Royal Court, both of which had powers to create legislation. An anti-Seigneurial sentiment – opposition to the feudal economic system – also contributed to the popular revolt. The spark for the riots was a corn shortage, in part caused by corruption in the ruling classes, led by the Lieutenant Bailiff Charles Lemprière, whose style of rule was authoritarian. On 28 September 1769, men from the northern parishes marched into town and rioted, including breaking into the Royal Court in a threatening manner. The States retreated to Elizabeth Castle and called on the Privy Council for help under false pretences. The Council sent five companies of Royal Scots, who discovered the islanders' grievances. The franchise was extended to all British adults; previously voting rights in Jersey had only been accorded to men, and women over 30, according to property ownership. The largest reform was the 1948 States reform. Jurats were no longer States members, and were to be elected by an Electoral College. The reform also introduced a retirement age of 70 for Jurats. In all cases, the Bailiff would be the judge of the law, and the Jurats the "judge of fact". The Jurats' role in the States was taken on by 12 senators, four of whom would retire every three years. The Church also lost most of its representation in the States, with the role of Rector being abolished and the number of Deputies increased to 28.

International relations

The 1973 Kilbrandon Report stated that "In international law the United Kingdom Government is responsible for the Islands' international relations" and "also responsible for the defence of the Islands".

The United Kingdom is responsible for Jersey's international relations as an aspect of the island's status as a Crown dependency. It is now normal practice for the UK to consult the Jersey government and seek their consent before entering into treaty obligations affecting the island.

Since 2000, Jersey's "external personality" has developed, as recognised in the preamble to the States of Jersey Law 2005 which refers to "an increasing need for Jersey to participate in matters of international affairs". In 2007, the Chief Minister of Jersey and the UK government agreed an "International Identity Framework", setting out the modern relationship between the United Kingdom and Jersey. The United Kingdom now issues "Letters of Entrustment" to the Jersey government, which delegate power to Jersey to negotiate international agreements on its own behalf and sign treaties in Jersey's own name rather than through the United Kingdom. This development was "strongly supported" by the House of Commons Justice Committee in its March 2010 report on the Crown Dependencies.

Jersey was neither a Member State nor an Associate Member of European Union. It did, however, have a relationship with the EU governed by Protocol 3 to the UK's Treaty of Accession in 1972.

In relation to the Council of Europe, Jersey – as a territory the United Kingdom is responsible for in international law – has been bound by the European Convention on Human Rights since the UK acceded to the treaty in 1951. The Human Rights (Jersey) Law 2000 makes Convention rights part of Jersey law and is based closely on the United Kingdom's Human Rights Act 1998.

During the 1980s, the question was raised of Jersey making an annual contribution towards the United Kingdom's costs of defence and international representation undertaken on behalf of Jersey. In 1987, the States of Jersey made an interim payment of £8 million while the matter was discussed. The outcome of debates within the island was that the contribution should take the form of maintaining a Territorial Army unit in Jersey. The Jersey Field Squadron (Militia), attached to the Royal Monmouthshire Royal Engineers (Militia), deploys individuals on operations in support of British Forces.

The Crown

thumb|The [[Lieutenant Governor of Jersey|Lieutenant Governor is the representative of head of state and the Bailiff is the civic head. Both are appointed by the Crown. Here the holders of the offices in 2011 are seen processing alongside on Liberation Day]]

thumb|, colloquially known as the [[Duke of Normandy]]

As a Crown dependency, the head of state of Jersey is the British monarch and Jersey is a self-governing possession of the Crown. The present monarch, whose traditional title in the Channel Islands is the Duke of Normandy, is .

{| class="wikitable"

|+Present office holders

!Position

!Holder

!Since

|Monarch

|HM

|Bailiff

|Robert MacRae KC [https://www.bailiwickexpress.com/news/new-bailiff-sworn-in-on-day-of-family-celebration/]

|2025

|Deputy Bailiff

|Mark Temple KC

|2026

|Lieutenant Governor

|Vice Admiral Sir Jeremy Kyd KBE

|2022

"The Crown" is defined by the Law Officers of the Crown as the "Crown in right of Jersey". The King's representative and adviser in the island is the Lieutenant Governor of Jersey, appointed for a five-year term. Since 2022, the incumbent Lieutenant Governor has been Vice Admiral Jeremy Kyd.

At a local level, other posts vary in length from one to three years, and elections are held at a Parish Assembly on a majority basis. It has been some time since parties contested elections at this level, other than for the position of Connétable, who uniquely has a role in both the national assembly and in local government.

Decisions in the States are taken by majority vote of the elected members present and voting. The States of Jersey Law 2005 removed the Bailiff's casting vote and the Lieutenant Governor's power of veto. 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".

According to constitutional convention United Kingdom legislation may be extended to Jersey by Order in Council at the request of the Island's government. Whether an Act of the United Kingdom Parliament may expressly apply to the Island as regards matters of self-government, or whether this historic power is now in abeyance, is a matter of legal debate. The States of Jersey Law 2005 established that no United Kingdom Act or Order in Council may apply to the Bailiwick without being referred to the States of Jersey. These plans are debated and approved by the States Assembly and translated into action by a series of business plans for each department.

Cabinet collective responsibility among members of the Council of Ministers is a feature of the 2015 Code of Conduct for Ministers. However, ministers retain the right to present their own policy to the States in their capacity as a member of the assembly in domains not concerning Council policy.

In recent years, former Chief Executive Charlie Parker introduced a number of reforms to the government's administrative structure. Moving away from a system whereby each minister heads a single department, the One Government structure focuses on more efficient governmental organisation. As of 2022, the government departments are:

Office of the Chief Executive
Customer and Local Services
Children, Young People, Education and Skills
Health and Community Services
Infrastructure, Housing and Environment
Justice and Home Affairs
Strategic Policy, Planning and Performance
Treasury and Exchequer
Economy
Chief Operating Office

Political parties

Since the 1950s, politics in Jersey has been dominated by independent representatives. Historically, the island had two parties: the conservative Roses (Charlots) and the progressive Laurels (Magots). Due to the 2022 electoral reform, Jersey may be moving towards a politics dominated by parties. As of March 2025, there are two political parties represented in the States:

Jersey Liberal Conservatives (centre-right)
Reform Jersey (social democratic).

Criticism

Jersey's political system has often been criticised over the centuries, both within and outside the island. The 'Jersey Way' is a term used in critiques to describe a political culture that is claimed to enforce conformity, ignore perversion of the course of justice and suppress political dissent. The Tax Justice Network states that the Jersey Way allows for the island's political system to be abused by financial services sector companies.

The Tax Justice Network criticises the political system for its absence of judicial independence (due to 'close relations between the legal and financial services' and 'the intimate relations between legal professionals who grew up together'); lack of second chamber in its parliament (for scrutiny purposes); no political parties; no formalised government and opposition and the lack of a wide range of independent news sources, or research capabilities.

The question of Jersey's independence has been discussed from time to time in the States Assembly. In 1999, a member of the government said that 'Independence is an option open to the Island if the circumstances should justify this' but the government 'does not believe independence is appropriate in the present circumstances and does not see the circumstances arising in the foreseeable future when it would be appropriate'. In 2000, Senator Paul Le Claire called for a referendum on independence, a proposal which failed to win any significant support.

The Policy and Resources Committee of the States of Jersey established the Constitutional Review Group in July 2005, chaired by Sir Philip Bailhache, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'.

Proposals for Jersey independence have subsequently been discussed at an international conference held in Jersey, organised by the Jersey and Guernsey Law Review. The former Bailiff, Sir Philip Bailhache has called for changes to the Channel Islands' relationship with the United Kingdom government, arguing that 'at the very least, we should be ready for independence if we are placed in a position where that course was the only sensible option'.

In October 2012, the Council of Ministers issued a "Common policy for external relations" that set out a number of principles for the conduct of external relations in accordance with existing undertakings and agreements. This document noted that Jersey "is a self-governing, democratic country with the power of self-determination" and "that it is not Government policy to seek independence from the United Kingdom, but rather to ensure that Jersey is prepared if it were in the best interests of Islanders to do so". On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island's formal relationship with the United Kingdom and/or European Union".

Constitutional Review Group report

The Group's Second Interim Report was presented to the States by the Council of Ministers in June 2008. The report made a number of recommendations about Jersey independence, including the benefits and costs of independence and the social and cultural consequences. The island would need to be recognised as a sovereign state on a country by country basis. The report concluded that 'Jersey is equipped to face the challenges of independence' but 'whether those steps should be taken is not within the remit of this paper'.

At present the island is protected by the British Armed Forces. Upon independence the island would need to develop its own capacity to entirely handle defensive and security affairs. It established that Jersey could seek membership of a defensive alliance (e.g. NATO); negotiate a defence agreement with a sovereign state (e.g. the UK) – San Marino, for example have a defence agreement with Italy that cost 700,000 USD in 2000/01 – or establish an independent defence force (in a similar manner to Antigua and Barbuda, which spends around £2.5 million). Furthermore, it is unlikely that any major European power would allow the island to be invaded, but the island could not feasibly protect itself from a major external threat without securing defensive agreements.

Independence would require the establishment of a Foreign Affairs Department within the Government of Jersey, or other similar steps. At present, the island's international affairs are formally governed by the UK Government. The report recommended the island join 'essential' global organisations, such as the UN and IMF; the Commonwealth and the WTO. At the time, independence would have brought an end to Jersey's relationship with the EU, which was mediated through the UK's accession treaty protocol 3. The report suggests a minimum requirement of the establishment of three overseas missions: London, New York and Brussels (the Government has an office in London and shares an office in Brussels already), to provide contact with major organisations such as the Commonwealth, UN and EU, as well as the UK, US and EU, and also to allow use of them for tourism and trade-related purposes.

Consideration would need to be given to the questions of the internal organisation of Jersey's constitution, as well as citizenship and passports. The report assumes the Queen would continue to be the Head of State, appointing a Governor-General on the advice of the British Government. The report recommended the need for a codified constitution, which should contain a basic human rights statement. The current States Assembly could be replaced by a States Parliament, which would need to replace the checks and balances provided by the Privy Council.

Political pressure groups

Jersey, as a polity predominated by independents has always had a number of pressure groups. Many ad-hoc lobby groups form in response to a single issue and then dissolve once the concerns have been dealt with. However, there are a number of pressure groups actively working to influence government decisions on a number of issues. For example, in 2012 the National Trust engaged in pressure campaign against development of the Plemont headland. The Trust was supported by the majority of the islands senior politicians, including the Chief Minister, but a proposition made in the States of Jersey for the States to compulsorily purchase the headland and sell it to the Trust was defeated in a vote on 13 December 2012. The outcome of the vote was 24 in favour of acquisition, 25 against, with one absent and one declaring an interest.

Interest Groups

The following groups are funded by their members.

Royal Jersey Agricultural and Horticultural Society
Institute of Directors, Jersey branch
Jersey Chamber of Commerce
Progress Jersey
Jersey Youth Reform Team
Jersey Rights Association
Same Difference
Save Jersey's Heritage
Société Jersiaise
Alliance Française, Jersey branch
Attac, Jersey Branch
National Trust for Jersey

Quangos

The following groups are, at least, partially funded by government. Appointments are made by the States Assembly.

Jersey Finance
Community Relations Trust
Jersey Overseas Aid
Jersey Consumer Council
Jersey Legal Information Board
Jersey Development Company (formerly Jersey Waterfront Enterprise Board)