Jersey Law
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Jersey Law
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. and The Bailiwick of Jersey is a separate jurisdiction from that of the United Kingdom, and is also distinct from that of the other Channel Islands such as Guernsey, although they do share some historical developments. Jersey's legal system is 'mixed' or ' pluralistic', and sources of law are in French and English languages, although since the 1950s the main working language of the legal system is English. Sources of law Legislation adopted by the States of Jersey Jersey's legislature, the States Assembly makes legislation affecting most areas of activity. Laws The highest form of legislation made by the States is 'laws'. If a proposed Law is likely to be controversial, the general desirability of having new legislation on the topic may be debated before the law is drafted. The procedure for making laws is set ou ...
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Norman Law
Norman law (, , ) refers to the customary law of the Duchy of Normandy which developed between the 10th and 13th centuries and which survives today in the legal systems of Jersey and the other Channel Islands. It grew out of a mingling of Frankish customs and Viking ones after the creation of Normandy as a Norse colony under French rule in 911. There are traces of (Anglo-)Scandinavian law in the customary laws of Normandy. A charter of 1050 (''Cartulaire Saint-Pierre-de-Préaux'', concerning the land of Vascœuil),Elisabeth Ridel, ''Les vikings et les mots : l'apport de l'ancien scandinave à la langue française'', éditions Errrance, 2009, p. 101-102-103-104 listing several pleas before Duke William II, refers to the penalty of banishment as ''ullac'' "(put) out of law" (from Old Norse ''útlagr'' "(be) banished"), well attested in the Norwegian and Anglo-Saxon laws as ''utlah'' and those sentenced for ''ullac'' are called ''ulages'' (< ''útlagi'' "outlaws"). T ...
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Connétable (Jersey And Guernsey)
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 In Jersey, each parish elects a constable for a three-year mandate (four years until 2008) to run the parish and also represent the parish in the legislature, the States Assembly. There are 12 Connétables one for each of the ancient Parishes. They are members of the States Assembly along with this political role they hold power of a police officer as part of Honorary Police system of Jersey. At parish-level, the constable presides over the Roads Committee, the Conseil Paroissial (except St. Helier) and parish assemblies. The twelve constables also collectively sit as the Comité des Connétables. The constable is the titular head of the Honorary Police. With the Roads Inspectors, Roads Committee and other officers, the constable of each parish also carries out the '' v ...
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Bailiff (Channel Islands)
The bailiff is the chief justice in each of the Channel Island bailiwicks of Guernsey and Jersey, 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 13th century. The bailiffs and deputy bailiffs are appointed by the Crown on the advice of the Secretary of State for Justice (not by the governments or legislatures of the islands) and may hold office until retirement age (65 in Guernsey, 70 in Jersey). Roles of the bailiffs Originally, the bailiff was both legislator and judge, but the position has become increasingly concentrated on the judicial functions. The bailiff presides in the main trial court in his island – the Royal Court of Jersey and the Royal Court of Guernsey, where they sit with Jurats, elected lay judges responsible for making finds of fact. The bailiff of each island is also a member of the court of appeal i ...
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Parishes Of Jersey
The parishes of Jersey (Jèrriais, Jerriais: ) are the civil and religious Administrative division, administrative districts of Jersey in the Channel Islands. Jersey has a Unitary state, unitary system of governance and all the powers and administration of the parishes are governed by laws enacted by the States Assembly. All have access to the sea and share a name with their ancient parish churches. In Jèrriais, the parishes have named groupings: the northern parishes are called (uphill parishes) and the southern and western parishes are called (sloped parishes). History Origins The origins of the Jersey parishes is unknown, however it is certain that they are ancient institutions. It has been suggested that the five central parishes (St Saviour, St John, St Mary, St Peter and St Lawrence) date to around 475 AD. The parish system is much more important in Jersey than in England or post-Napoleon France.:15 The uniformity of the parishes in size ensured their dominance o ...
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Judiciary Of Jersey (list)
Court of Appeal of Jersey Members of the Court of Appeal are appointed under the Court of Appeal (Jersey) Law 1961. The Court of Appeal sits for seven to eight weeks during the year. Current members of the Court of Appeal of Jersey Former members of the Court of Appeal of Jersey * Sir Godfray Le Quesne QC (1964–97) * Lord Ackner (1967–71), subsequently a judge of the High Court and Court of Appeal in England and Wales and a Lord of Appeal in Ordinary * Lord Jauncy of Tullichettle (1972–79), subsequently a member of the judiciary in Scotland and a Lord of Appeal in Ordinary * Rt Hon Sir Roger Parker (1974–77), subsequently a judge of the High Court and Court of Appeal of England and Wales * Lord Browne Wilkinson (1976–77) * Rt Hon Sir Martin Nourse (1977–80), subsequently a judge of the High Court and Court of Appeal * Lord Neill of Bladon QC (1977–94) * Lord Clyde (1979–85), subsequently a member of the judiciary in Scotland and a Lord of Appeal i ...
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England And Wales
England and Wales () is one of the three legal jurisdictions of the United Kingdom. It covers the constituent countries England and Wales and was formed by the Laws in Wales Acts 1535 and 1542. The substantive law of the jurisdiction is English law. The devolved Senedd (Welsh Parliament; cy, Senedd Cymru) – previously named the National Assembly of Wales – was created in 1999 by the Parliament of the United Kingdom under the Government of Wales Act 1998 and provides a degree of self-government in Wales. The powers of the Parliament were expanded by the Government of Wales Act 2006, which allows it to pass its own laws, and the Act also formally separated the Welsh Government from the Senedd. There is no equivalent body for England, which is directly governed by the parliament and government of the United Kingdom. History of jurisdiction During the Roman occupation of Britain, the area of present-day England and Wales was administered as a single unit, exc ...
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Royal Court Of Jersey
The Royal Court is the principal and oldest court in Jersey, and exercises both criminal and civil jurisdiction. It can sit in a number of configurations, depending on the type of case and the powers to be exercised. History The Court has its origins in the 13th century when, following the English Crown's loss of those portions of the Duchy of Normandy which are on the European mainland, King John decreed that Jersey should continue to be subject to Norman customary law. The Royal Court exercised both judicial and legislative functions for the Island, although the power to make laws moved to the States Assembly in the 15th century. Judiciary The bailiff of Jersey is the president of the Royal Court (and also of the Court of Appeal). Individual trials may be heard before the bailiff, the deputy bailiff (also a full-time role) or a commissioner. Commissioners are part-time judges, appointed from the ranks of judges in the Commonwealth or senior experienced lawyers from the ...
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Privy Council Of The United Kingdom
The Privy Council (PC), officially His Majesty's Most Honourable Privy Council, is a formal body of advisers to the sovereign of the United Kingdom. Its membership mainly comprises senior politicians who are current or former members of either the House of Commons or the House of Lords. The Privy Council formally advises the sovereign on the exercise of the Royal Prerogative, and as a body corporate (as King-in-Council) it issues executive instruments known as Orders in Council which, among other powers, enact Acts of Parliament. The Council also holds the delegated authority to issue Orders of Council, mostly used to regulate certain public institutions. The Council advises the sovereign on the issuing of Royal Charters, which are used to grant special status to incorporated bodies, and city or borough status to local authorities. Otherwise, the Privy Council's powers have now been largely replaced by its executive committee, the Cabinet of the United Kingdom. Cert ...
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Royal Assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in others that is a separate step. Under a modern constitutional monarchy, royal assent is considered little more than a formality. Even in nations such as the United Kingdom, Norway, the Netherlands, Liechtenstein and Monaco which still, in theory, permit their monarch to withhold assent to laws, the monarch almost never does so, except in a dire political emergency or on advice of government. While the power to veto by withholding royal assent was once exercised often by European monarchs, such an occurrence has been very rare since the eighteenth century. Royal assent is typically associated with elaborate ceremony. In the United Kingdom the Sovereign may appear personally in the House of Lords or may appoint Lords Commissioners, who announce ...
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House Of Commons Justice Committee
The Justice Select Committee of the United Kingdom is a select committee of the House of Commons which scrutinizes the policy, administration, and spending of the Ministry of Justice A Ministry of Justice is a common type of government department that serves as a justice ministry. Lists of current ministries of justice Named "Ministry" * Ministry of Justice (Abkhazia) * Ministry of Justice (Afghanistan) * Ministry of Just .... In addition, the committee examines the work of the Law Officers of the Crown, the Serious Fraud Office, and the Crown Prosecution Service. The committee also reviews draft Sentencing Guidelines issued by the Sentencing Guidelines Council. The committee scrutinises the work of the Secretary of State for Justice, Attorney General for England and Wales, Attorney General, Solicitor General for England and Wales, Solicitor General and the Minister of State for Prisons among others. Membership In the List of MPs elected in the 2019 United Kingdom gen ...
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Ministry Of Justice (United Kingdom)
, type = Ministerial Department , logo = Ministry of Justice logo.svg , logo_width = 140px , logo_caption = , picture = HomeOffice QueenAnnesGate.jpg , picture_width = 140px , picture_caption = Headquarters, 102 Petty France, London , formed = 2007 , preceding1 = Department for Constitutional Affairs , dissolved = , superseding = , jurisdiction = Government of the United Kingdom , headquarters = 102 Petty FranceWestminster, London , employees = over 77,000 , budget = £6.3 billion & £600 million capital expenditure in 2018–19 , minister1_name = Dominic Raab , minister1_pfo = Secretary of State for Justice and Lord Chancellor , chief1_name = Antonia Romeo , chief1_position = Permanent Secretary and Clerk of the Crown in Chancery , child1_agency = Criminal Injuries Compensation Authority , child2_agency = His Majesty's Courts and Tribunals Service , chil ...
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Politics Of Jersey
The Bailiwick of Jersey is a British Crown dependency, unitary state and parliamentary representative democracy and constitutional monarchy. The head of the civil administration and judiciary is the Bailiff Timothy Le Cocq, while the Chief Minister Kristina Moore is the head of government. The current monarch and head of state is King Charles III. Legislative and executive power is vested in the States of Jersey, which is composed of the Assembly of States members (States Assembly, French: ''Assemblé des États''). Elected States members appoint the Council of Ministers (including the Chief Minister and other Ministers), which is the decision-making body of the island's government, the Government of Jersey. 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 col ...
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