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.^[1] 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[link]

Legislation adopted by the States of Jersey[link]

Jersey's legislature, the States Assembly makes legislation affecting most areas of activity.^[2]

Laws[link]

Recueil de Lois de Jersey from 1771

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 drafted. The procedure for making Laws is set out in the Standing Orders of the States of Jersey.^[3] Once the Law is in draft from, it starts the legislative process as a projet de loi, which may be introduced to the States by a Minister, any States Member, a scrutiny panel or the Comité des Connétables. At the stage known as 'first reading', the title of the projet is read out and the projet is 'lodged au Greffe' providing a two to six week breathing space for Members to read the draft Law. Under Article 16 of the Human Rights (Jersey) Law 2000,^[4] the Minister or other person lodging the projet au Greffe must make a written statement that the provisions of the projet are compatible with Convention rights or 'make a statement that although [he or she] is unable to make a statement of compatibility, [he or she] nevertheless wants the States to proceed with the projet'. At the next 'second reading' stage, there is a formal debate in the States chamber during which members consider the principle of the projet and then scrutinise the draft in detail. At 'third reading' stage there is an opportunity for minor drafting errors to be corrected. Finally, members vote to adopt the law.

The Law is then submitted via the Lieutenant Governor's office for transmission to London, where officials in the Ministry of Justice examine the Law. In 2010, the House of Commons Justice Committee was highly critical of the UK Government's approach, finding that 'The Islands are more than adequately advised by their own Law Officers and Parliamentary Counsel. It seems a strange use of Ministry of Justice resources ... to engage in a kind of legislative oversight which does not restrict itself to the constitutional grounds for scrutiny'.^[5] This process may take several months. In an unusual move in 2011, campaigners against a Law that sought to reduce the number of Senators in the States petitioned the UK Government to advise the Queen to refuse Royal Assent.^[6] Once official scrutiny is complete in London, the Law is formally presented to Her Majesty for Royal Assent at a meeting of the Privy Council, usually held at Buckingham Palace or Windsor Castle.

After a Law receives Royal Assent, the final step is for it be registered with the Royal Court of Jersey. At this point it is 'passed'. The Law is then brought into force at a date decided by the relevant Jersey minister. There may be a considerable delay between a Law being passed and it becoming legally effective if, for example, civil servants need to be trained, computer systems put in place or money found to pay for the new scheme.

Laws adopted and passed are published in print as Recueil de Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law^[7] website.

Other types of legislation[link]

In Jersey, there are other types of legislation in addition to Laws.^[8]

• Regulations: these are used where a Law delegates to the States Assembly power to make legally-binding rules to implement a named Law.
• Triennial Regulations: since the 18th century, the States of Jersey has had power to make provisional regulations of up to three years' duration.
• Orders and Rules: these are generally made by a Minister, within the scope of powers set out in a Law.

Customary law[link]

Custom is a source of law in the Jersey legal system. It has been described as "the product of generally accepted usage and practice. It has no formal sanction or authority behind it other than the general consensus of opinion within the community".^[9] It differs from English common law where rules stated by a judge of a senior court are binding law because they are stated by a judge. In customary law, the role of the judiciary is to look for evidence of what is "generally accepted usage and practice".

Many rules of customary law have crystalised to such an extent (through repeated acknowledgment by the Royal Court and in the way people conduct their affairs) that everyone accepts them as binding without discussion. The boundaries of the Parishes, the existence of the office of Bailiff and various rules relating to possession of land and inheritance fall into this category. Many rules of customary law are to be found discussed in the texts of the "Commentators" and the case law of the Jersey courts. Where the works of the commentators do not deal with situation,the Jersey courts look at factual evidence to work out is the "generally accepted usage and practice".^[10]

The customary law of the Duchy of Normandy is particularly influential as a source of law in Jersey, even though Jersey ceased to part of Normandy in 1204. Norman law developed in two main epochs–the "Ancienne coutume" (1199-1538) and the "Coutume reformée" (1538-1804).

Ancienne coutume of Normandy[link]

The northern and western regions of Medieval Europe "were a patchwork of territorial areas in which the main source of law was customs, usages and practices which had become relatively fixed and settled".^[11] Norman law was based on oral tradition and repeated practices in Feudal society.^[12] The earliest known written account of the Ancienne coutume of Normandy is the "Très-ancienne coutume", first set down in Latin manuscript around 1199 to 1223. It was translated into French, probably in about 1230.^[13] It is thought to be the work of scholars or court officials, designed to be a manual for legal practitioners.^[14] A modern edition was compiled from various sources in 1903 by Professor E.J. Tardiff.^[15]

Le Rouillée's 1535 commentary on the customs of Maine

Of more importance to Jersey law is "Le Grand Coutume de Normandie" written in the period 1245-58, originally in Latin manuscript (Summa de Legibus).^[16] The first printed version dates to 1438. It sets out the law and practice of Normandy in the form of 125 articles. It is probable that the original compiler "was an individual legal practitioner or scholar, rather than it being in any sense an official work".^[17]

When in 1309 Edward II of England sent Justices to Jersey, the people of Jersey were "asked by what law they claimed to be governed, the law of England, of Normandy, or by some special customs of their own? They answered 'By the law of Normandy, and referred the Justices to the Summa of Malcael [the Jersey name for the Grand Coutumier], where the Norman laws are well embodied'... But they added, and this a clause that caused much trouble later, 'except that we have certain customs used in this island from time immemorial".^[18]

In the 16th century, two commentaries on the Grand Coutumier, written in Normandy, have been influential in Jersey law. Guillaume Rouillé of Alençon (also known as Le Rouillé) was the author of Le Grant Coustumier du pays & duché de Normendie : tres utile & profitable a tous practiciens (1534; 1539). He also produced commentary on the neighbouring province of Maine (pictured).

Guillaume Terrien's Commentaires du droit civil, tant public que privé, observé au pays et Duché de Normandie was first published in 1574. Dawes explains: "Terrien’s own work comprised the selecting of texts from the Grand Coutumier, putting them into an order which suited his scheme (even to the point of cutting and pasting quite disparate texts) and then commenting on the resulting amalgam. To this commentary a further author added notes headed 'Additio', more often than not in Latin".^[19]

Two modern versions of the text of the Grand Coutumier have been produced. The first was by Jurat William Laurence de Gruchy entitled L’Ancienne Coutume de Normandie: Réimpression, éditée avec de légères annotations (1881), based on Le Rouillé’s 1539 edition, using a double-column format setting out the Latin and French texts side by side.^[20] In 2009, an English translation of the Latin text by J.A. Everard was published.^[21]

Coutume Reformée of Normandy[link]

Berault's 1620 commentary

The second period in the development of Norman custom was between 1583 and 1804 and is known as the Coutume reformée (the reformed custom). In 1453, Charles VII of France issued orders that all the customary laws of France should be "redacted", in other words set out systematically and approved under royal authority. The Duchy of Normandy was the last part of France to comply with this order but the new text was eventually prepared and received royal approval in 1585 by Henry III of France.

There are two reasons why the Coutume reformée might be thought to have little relevance to Jersey: it was created 380 years after Jersey had ceased formally to be part of the Duchy of Normandy and it was a text sanctioned by the king of France. Nonetheless, Jersey lawyers and courts made frequent references to the Coutume reformée and by virtue of its assimilation into Jersey law over the centuries it is regarded as a source of the island's law.^[22]

Commentators on the Coutume reformée include:

• Henri Basnage de Franquesnay^[23]
• Jacques Bathelier d’Aviron
• Josias Bérault^[24]
• Jean-Baptiste Flaust^[25]
• Jacques Godefroy
• David Hoüard^[26]
• Charles Routier.^[27]

Within France, customary law was abolished in 1804 with the introduction of uniform codes of civil and criminal law across the whole of France.

Jersey commentators on custom[link]

As well as relying on commentaries produced in France, Jersey has an indigenous legal literature on custom. In the 17th century, Jean Poingdestre (1609–1691) and Philippe Le Geyt (1635–1716) wrote several works. Some chapters of C.S. Le Gros' 20th century work, Traité du Droit Coutumier d l'Ile de Jersey also remain relevant.^[28]

Legislative reforms of custom[link]

Many rules of customary law have been amended or abolished by legislation in the later 19th and 20th centuries. Examples of this include:

• “Any rule of customary law, that a contract passed before the Royal Court for the transfer of immovable property may be annulled, at the instance of the heirs or devisees, as the case may be, of the transferor, if he or she dies within 40 days of the passing of the contract, is abolished” (Customary Law Amendment (No. 2) (Jersey) Law 1984).
• In customary law, the age of majority was 20 years; the Age of Majority (Jersey) Law 1999 reduces this to 18 years.
• “The rule under customary law that all gifts to a concubine are null is hereby abolished” (Wills and Successions (Jersey) Law 1993).
• Customary law did not permit a cause of action for/against a person to survive the person’s death against/for the benefit of the person’s estate; Customary Law Amendment (Jersey) Law 1948 reversed this situation.
• The année de jouissance (the right of an executor to have the income arising during the administration of a moveable estate for a year and a day) was abolished by the Wills and Successions (Jersey) Law 1993.

Influence of English and French law[link]

Some fields of Jersey, such as negligence and administrative law, are heavily influenced by English common law. In other branches of law, notably contract, Jersey courts may have regard to French civil law.^[29]

Human rights[link]

The Human Rights (Jersey) Law 2000,^[4] based closely on the United Kingdom's Human Rights Act 1998, requires Jersey courts so far as possible to interpret legislation so that it is compatible with rights and freedoms guaranteed by the European Convention on Human Rights. Jersey public bodies are required to act in conformity with Convention rights.

In January 2012, Jersey introduced laws to recognise same-sex civil partnerships.^[30]

Language of Jersey law[link]

During the 20th century, the main working language of the Jersey legal system changed from French to English.^[31] Before the 1930s, almost all legislation passed by the States Assembly was in French. Since then, French is used only where new legislation makes amendments to legislation originally drafted in French.^[32]

The conveyancing of immoveable property was carried out using contracts drafted in French until October 2006,^[33] after which contracts were required to be in English.^[34] Several French words and expressions used in Jersey differ from Standard French.

Precedent and law reporting[link]

Tables de Décisions de la Cour Royal de Jersey 1885-1978

The Jersey legal system does not follow the strict rules of binding precedent that exist common law jurisdictions such as England and Wales.^[35] The Royal Court is not bound by its own previous decisions on a point of law but it will generally follow them unless persuaded that the earlier decision was wrongly decided. A similar approach is taken by the Court of Appeal. All Jersey courts are, however, bound by points of law decided by the Judicial Committee of the Privy Council in previous Jersey appeals to that court.

During the 19th and 20th centuries a series of improvements to the system of writing and reporting judgments was put in place. In 1885, the Royal Court began to publish the Tables des Décisions de la Cour Royal de Jersey–a subject index to decided cases, prepared by the Greffier.^[36]

In 1950, C.T. Le Quesne KC returned to Jersey from practice at the English Bar and was appointed Lieutenant Bailiff. Up to this point, the Royal Court's judgments were in the French style of jugements motivés, written in French by the Greffier rather than the judge, and expressing the reasons for the court's decision only very briefly. Le Quesne changed the language of judgments to English and adopted the common law style of judgments, where the judge gives detailed reasons for accepting or rejecting the rival submissions made at trail by counsel.^[37] Between 1950 and 1984, the Royal Court published its and the Court of Appeal judgments in a series of law reports known as the Jersey Judgments (eleven volumes in total). From 1984, judgments have been published a new new series of law reports known as the Jersey Law Reports.^[38]

In 2004, the Jersey Legal Information Board (JLIB) was set-up to promote "accessibility of the written law and legal processes to the public and of an integrated and efficient legal system, through the use of information technology and by other means".^[39] Judgments of the Royal Court and Court of Appeal are published online on www.jerseylaw.je, with open access to "unreported" judgments as part of the Free Access to Law Movement.

Judiciary[link]

The head of the judiciary in Jersey is the Bailiff, who as well as performing the judicial functions of a chief justice is also the President (presiding officer) of the States of Jersey and has certain civic, ceremonial and executive functions. The Bailiff's functions may be exercised by the Deputy Bailiff.

Judicial appointments processes[link]

The posts of Bailiff and Deputy Bailiff are Crown appointments, formally made by Her Majesty the Queen, on advice of the UK government's Secretary of State for Justice.

The Bailiff and Jurats outside the Royal Court in 2009

An appointment process has developed in recent years, without a legislative basis, for vacancies for the Deputy Bailiff, Attorney General for Jersey and Solicitor General for Jersey. This involves advertising for candidates and the preparation of a shortlist by a selection panel consisting of the Bailiff (in the chair), the senior Jurat and the chairman of the Jersey Appointments Commission. A process of consultation is then carried out, including the Jurats, the States Consultative Panel (which includes the Chief Minister), a number of elected members of the States, senior lawyers (the Bâtonnier, the President of the Law Society, the former President of the Law Society of Jersey and the President of the Chambre des Ecrivains), the other Crown Officers and the local Commissioner of the Royal Court. All candidates on the shortlist are then interviewed by the selection panel. A single name is then sent by the Lieutenant Governor to the Secretary of State for Justice.^[40]

This process has not been used for appointment to the office of Bailiff on the basis that "The Secretary of State has accepted that the position of Deputy Bailiff is a training ground for the position of Bailiff, and that, therefore, all things being equal, you would expect to move up, assuming of course that you have performed to everyone's satisfaction".^[41]

Jurats are elected by an electoral college consisting of the Bailiff, the Jurats, the Connétables, the elected members of the states, advocates and solicitors of the Royal Court.^[42] Voting is by secret ballot.

Commissioners of the Royal Court are appointed by the Bailiff for the hearing of a specified cause or matter or a specified term.^[43]

The Bailiff appoints the Magistrate and the Assistant Magistrate (who hold full-time salaried posts) and part-time Relief Magistrates (legal practitioners who carry out duties on a daily fee-paid basis).^[44] It is now normal for the Bailiff to convene a panel to advise on salaried appointments.^[45]

Removal from office[link]

The Bailiff, Deputy Bailiff and members of the Jersey Court of Appeal 'hold office during good behaviour'.^[46] Whereas senior judges in England and Wales who are appointed by Crown may only be removed from office with the consent of both Houses of Parliament,^[47] the United Kingdom Secretary of State for Justice may dismiss a Jersey judge appointed by the Crown without the agreement States of Jersey. This happened in 1992, when the then Deputy Bailiff Vernon Tomes was dismissed from office by the Home Secretary (the UK minister who at the time was responsible for the Crown Dependencies) on grounds of his delays in producing written judgments.^[48]

Jurats hold office up to the age of 72 years. A Jurat who 'in the opinion of the Court, is permanently unable, through physical or mental incapacity, or for any other reason, efficiently to carry out the duties of the office, may be called upon by the Court to resign'. A Jurat who refuses to resign may be removed from office by Order of Her Majesty in Council on the petition of the Superior Number (the Bailiff and five or more Jurats) of the Royal Court.^[49]

The Bailiff may if he 'thinks fit, terminate the appointment of a Commissioner on the ground of incapacity or misbehaviour'.^[43]

The Magistrates, who are also appointed by the Bailiff not the Crown, may not be removed from office 'qu’en vertu d’un Ordre de Sa Majesté en Conseil' (except by virtue of an Order of Her Majesty in Council).^[50] In June 2008, the Chief Minister informed the States of Jersey that the Magistrate-Designate (Mr Ian Christmas) has 'agreed not to sit as a judge following a discussion with the former Bailiff as a result of a criminal investigation into an alleged fraud'.^[51]

Judicial independence in Jersey[link]

Code of Conduct[link]

All judges in Jersey are bound by a code of conduct promulgated by the Jersey Judicial Association in 2007. This requires judges to 'uphold the integrity and independence of the judiciary and perform their duties with competence, diligence and dedication'.^[52]

ECHR Article 6[link]

All courts in Jersey are required under Article 6 of the European Convention on Human Rights to be 'independent and impartial'.^[4] In 2000, the European Court of Human Rights held in McGonnell v United Kingdom^[53] that there was a breach of Article 6 in Guernsey where the Bailiff or Deputy Bailiff sat as President of the States of Guernsey when proposed legislation was being debated and then subsequently sat as a judge of the Royal Court of Guernsey in a case where that legislation was relevant. The Court, noting that there was no suggestion that the Bailiff 'was subjectively biased', stated that the 'mere fact' that this happened was capable of casting doubt on the Bailiff's impartiality. A Bailiff and Deputy Bailiff in Jersey is able to avoid a McGonnell situation simply by not sitting in the Royal Court in cases concerned with legislation that was debated when he presided in the States. The current Bailiff, Mr Michael Birt has conceded that 'we probably need to improve our systems to be very compliant with McGonnell and that one probably ought to keep a running list of those statutes where I have presided so at least I could invite the parities to consider whether they wanted to object or not'.^[54] In a recent review chaired by Lord Carswell, set up by the States of Jersey, a legal opinion was commissioned from Rabinder Singh QC in which he expressed the view that 'there is no reason in law why the present constitutional arrangements in respect of the Bailiff should be altered. However, the trend suggests that the tide of history is in favour of reform and that the legal position will be different in 10 years time'.^[55] The report of Lord Carswell's inquiry concluded that Mr Singh's opinion 'provides an additional reason why the Bailiff should cease to be the President of the States'.^[56] The States of Jersey have not accepted this aspect of the Carswell report. Many prominent islanders do not believe that any change is necessary or desirable.^[57]

Stuart Syvret litigation[link]

In recent years, a former State's member Mr Stuart Syvret has argued in legal proceedings in England and Jersey that all members of the Jersey judiciary lack the appearance of independence and impartiality. In March 2009, the High Court in London refused him permission to commence a judicial review claim against Home Secretary Jack Straw.^[58] In Jersey, subsequent proceedings related to a criminal prosecution for a data protection offence (he named a former nurse on his blog, whom he said was guilty of murdering patients), judicial reviews and appeals relating to that criminal case, and a separate civil action brought by Syvret against fellow politicians and Law Officers in connection with his removal from office as minister for health.^[59] Syvret argues that he cannot have a fair trial in the island and there is a lack of appearance of independence and impartiality because judges are appointed by the Bailiff and the other judges have attended social events with the Bailiff. Syvret's arguments relating to lack of independence and impartiality have been rejected by the Royal Court and Court of Appeal in Jersey on a number of occasions between 2009 and 2011.^[60]

Jersey Legal profession[link]

Institute of Law, Seale Street, St Helier

The Jersey legal profession has two types of Jersey-qualified lawyers.^[61] Advocates have rights of audience to represent clients in all courts. Jersey solicitors have no general rights of audience. The Law Society of Jersey^[62] is the professional body responsible for professional conduct.

Some law firms focus on legal practice relating to Jersey's finance industry, the largest being: Appleby; Bedell Cristin; Carey Olsen; Mourant Ozannes; and Ogier, all of which are regarded as part of the "offshore magic circle". Smaller firms and sole practitioners also provide a wide range of legal services.^[63] Several law firms now have offices in both Jersey and Guernsey but the legal professions of the two islands are separate.

The Law Officers of the Crown are responsible for criminal prosecution work and for providing legal advice to the Crown, ministers and other members of the Assembly of the States of Jersey. The Attorney General and his deputy, the Solicitor General, are non-voting members of the States Assembly.^[64]

The process of qualifying as a Jersey lawyer is regulated by the Advocates and Solicitors (Jersey) Law 1997^[61] and is similar for both advocates and solicitors. Since 2009, candidates for the Jersey law examinations are required to enrol on the Jersey Law Course run by the Institute of Law, Jersey.^[65] They are required to take five compulsory papers: (i) Jersey legal system and constitutional Law; (ii) Law of contract and the law relating to security on moveable property and bankruptcy; (iii) testate and intestate succession; law of immoveable property and conveyancing; and civil and criminal procedure. In addition, candidates must take one of three option papers: (i) company law; (ii) trusts law; or (iii) family law.

Legal aid[link]

There is no publicly-funded legal aid system in Jersey, though the States of Jersey may exercise discretion to pay defence legal fees in serious criminal trials^[66] and in cases involving children.^[67] During their first 15 years of practice, Jersey lawyers are required to participate in a scheme organised by the profession to ensure so far as possible that people without sufficient resources are not prevented from pursing or defending civil and criminal cases in the island's courts. The scheme is administered on behalf by the Bâtonnier (a senior member of the profession). Cases accepted by the Bâtonnier as eligible are allocated to lawyers on the basis of the 'Tour de Rôle' (i.e. according to one's turn). Depending on the litigants' income and assets, lawyers may work pro bono or charge a reasonable fee in accordance with published guidelines.^[68] A lawyer assigned a legal aid case may choose to pay another lawyer to handle the case and several firms have established specialist legal aid departments.^[69] There have been numerous and long-standing calls for reform of the present system.^[70]

Law reform[link]

The Jersey Law Commission was established by the States of Jersey in 1996 to keep Jersey law under review and bring forward proposals for law reform.

See also[link]

• Courts of Jersey
• Judiciary of Jersey (list)
• Politics of Jersey

References[link]

External links[link]

• Jersey Legal Information Board database of Jersey legislation and case law http://www.jerseylaw.je
• Institute of Law, Jersey http://www.lawinstitute.ac.je/
• Jersey Law Commission http://www.lawcomm.gov.je/
• Law Society of Jersey http://www.jerseylawsociety.je/

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Bailiwick of Jersey Bailliage de Jersey
Flag Coat of arms
Anthem: "God Save the Queen" (official) "Island Home" by Gerard Le Feuvre (official for occasions when distinguishing anthem required)
Location of  Jersey  (Dark Green)
Capital (and largest city)		Saint Helier 49°11.401′N 2°06.600′W / 49.190017°N 2.11°W / 49.190017; -2.11
Official language(s)		English, French
Recognised regional languages		Jèrriais[1]
Ethnic groups (2011)		50% Jersey, 31% Other Britons, 7% Portuguese, 3% Polish, 2% Irish, 0.88% French[2]
Government		Parliamentary system, Constitutional monarchy and Crown dependency
-	Duke	Elizabeth II, Duke of Normandy
-	Lieutenant Governor	John McColl
-	Bailiff	Michael Birt
-	Chief Minister	Ian Gorst
Status		British Crown dependency
-	Separation from mainland Normandy	1204
-	Liberation from German occupation	9 May 1945
Area
-	Total	119.49 km2 (227th) 46.13 sq mi
-	Water (%)	0
Population
-	2011 estimate	97,857[3] (199th)
-	Density	819/km2 (14th²) 2,121/sq mi
GDP (PPP)		2003 estimate
-	Total	$13.6 billion (167th)
-	Per capita	£40,067 (6th)
HDI (n/a)		n/a (very high) (n/a)
Currency		Pound sterling (GBP)
Time zone		GMT4
-	Summer (DST)	(UTC+1)
Drives on the		left
ISO 3166 code		JE
Internet TLD		.je
Calling code		+44 specifically +44-1534 (landline) +44-7797      (Jersey Telecom mobile) +44-7700      (Sure mobile) +44-7829      (Airtel-Vodafone mobile)
Patron saint		St. Helier
1	Jersey’s Resident Population 2007
2	Rank based on population density of Channel Islands including Guernsey.
3	The States of Jersey issue their own sterling notes and coins (see Jersey pound).
4	In a referendum on 16 October 2008, voters rejected a proposal to adopt Central European Time, by 72.4%.[4]

Jersey, officially the Bailiwick of Jersey, French: Bailliage de Jersey ( /ˈdʒɜrzi/, French: [ʒɛʁzɛ]; Jèrriais: Jèrri), is a British Crown Dependency^[5] off the coast of Normandy, France.^[6] 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^[7] and other rocks and reefs.

Jersey is a self-governing parliamentary democracy under a constitutional monarchy, with its own financial, legal and judicial systems.^[8]

The island of Jersey is the largest of the Channel Islands. Although the Bailiwicks of Jersey and Guernsey are often referred to collectively as 'the Channel Islands', they are not a constitutional or political unit. Jersey has a separate relationship to the British Crown from the other Crown Dependencies of Guernsey and the Isle of Man.^[9] It is not part of the United Kingdom,^[10] and has an international identity separate from that of the UK^[11] but the United Kingdom is constitutionally responsible for the defence of Jersey.^[12] Jersey is not a part of the European Union but has a special relationship with it, being treated as part of the European Community for the purposes of free trade in goods.^[13]

Toponymy[link]

Historic mentions[link]

• Andium (?) 4^e C.^[14]
• insula Gersoi 1022/1026.^[15]
• insula Gerseii, var. Gersey, Gersei, Gersoii 1042.^[16]
• Gersus ~1070.^[17]
• insula de Gerzoi 1080/~1082.^[18]
• insula de Gersoi 1066/1083.^[19]
• insula Gersoi 1066/1083.^[20]
• l'isle de Gersui 1160/1174.^[21]
• in Gersoio 1223/1236.^[22]
• Gersuy 1339.^[23]
• Gersui 1339.^[24]
• insula de Jersey 1372.^[25]
• insula de Jereseye 1372.^[26]
• insula de Gersey 1386.^[27]
• insula […] de Jersey 1419.^[28]
• Iarsay [read Jarsay] 1585.^[29]
• Jarsey 1693.^[30]
• Jerzey 1753.^[31]
• Isle de Gersey 1753/1785.^[32]
• Jerry 1829.^[33]
• Ile de Jersey 1854.^[34]

Etymology[link]

The Channel Islands are mentioned in the Antonine Itinerary as following : Sarnia, Caesarea, Barsa, Silia and Andium, but Jersey cannot be identified specifically because none correspond directly to the present names.^[35] Furthermore, later records evoke Angia (also spelled Agna ).^[36]

Andium is a Latinized version of the Gaulish (Celtic) *Andion, with and- the Gaulish intensive prefix meaning "very", "much", "big". Andium roughly translates as "big Island", Jersey being the largest of the Channel Islands. The spelling Angia could be an ultimate development of *Andia.

Some others identify it as Caesarea, a late recorded Roman name influenced by the Old English suffix -ey for "island";^[37][38] this is plausible if, in the regional pronunciation of Latin, Caesarea was not [kaisarea] but [tʃeːsarea]. Another theory is that the variation of the "J" sound today could be connected with phonetical cousins "g" and "k" (International Phonetic Alphabet) through variable pronunciations based on similar spelling. Theoretically, if Caesarea was originally pronounced with a "k", that may have naturally developed into a "g" sound for locals (or foreigners), making Gersei, Gersoi, or the other spellings relatable. Because "g" is pronounced as both a hard glutteral "g" as in "go" or a soft "j" as in "gym" or "gem", the spelling of Jersey could be a result of the variance in its pronunciation.

Angia could be a misspelling for *Augia, that is the Latinized form of Germanic *aujō (> Old English ī(e)ġ > is-land).^[39]), that could have extended before the Viking Age along the coast of France, as for île d'Yeu (Augia, Insula Oya) or Oye-Plage (Ogia 7th C.) and constitutes the suffix -ey in Jersey, Guernsey (Greneroi), Alderney (Alneroi) and Chausey (Calsoi).^[40] Chausey can be compared with Cholsey (GB, Berkshire, Ċeolesiġ 891), interpreted by Eilert Ekwall^[41] as "Ċeola 's island".

These -ey names could have been reinforced by the Viking heritage, because -ey is similar, so that it is possible to interpret the first part of the toponym as an Old Norse element. The source of it is unclear. Scholars surmise it derives from jarð (Old Norse for "earth") or jarl (earl), or perhaps a personal name, Geirr ("Geirr's Island").^[42]

History[link]

Jersey history is influenced by its strategic location between the northern coast of France and the southern coast of England; the island's recorded history extends over a thousand years.

Evidence of Bronze Age and early Iron Age settlements can be found in many locations around the island. Archaeological evidence of Roman influence has been found, in particular the coastal headland site at Le Pinacle, Les Landes, where remains of a primitive structure are attributed to Gallo-roman temple worship (fanum).^[43] Evidence for settled Roman occupation has yet to be established^{[dubious – discuss]}.

Jersey was part of Neustria with the same Gallo-Frankish population as the continental mainland. Jersey, the whole Channel Islands and the Cotentin peninsula (probably with the Avranchin) came formerly under the control of the duke of Brittany during the Viking invasions, because the king of the Franks was unable to defend them, however they remained in the archbishopric of Rouen. Jersey was invaded by Vikings in the ninth century, and was eventually annexed to the future Duchy of Normandy, together with the other Channel Islands, Cotentin and Avranchin, by William Longsword, count of Rouen in 933 and it became one of the Norman Islands. When William's descendant, William the Conqueror, conquered England in 1066, the Duchy of Normandy and the kingdom of England were governed under one monarch.^[44] The Dukes of Normandy owned considerable estates in the island, and Norman families living on their estates established many of the historical Norman-French Jersey family names. King John lost all his territories in mainland Normandy in 1204 to King Philip II Augustus, but retained possession of Jersey and the other Channel Islands. The islands have been internally self-governing since then.^[45]

Islanders travelled across the North Atlantic to participate in the Newfoundland fisheries in the late 16th century.^[46] In recognition for help given to him during his exile in Jersey in the 1640s, Charles II gave George Carteret, bailiff and governor, a large grant of land in the American colonies in between the Hudson and Delaware rivers which he promptly named New Jersey. It is now a state in the United States of America.^[47][48]

On 6 January 1781, a French invasion force of 2,000 men (of whom half didn't arrive) landed to take over the island. The battle by 9,000 men to defend the Island, although touch-and-go, and decisive, only lasted about half an hour. There were about thirty casualties on each side, and 600 French prisoners were taken. Both commanders were slain.^[49]

Trade laid the foundations of prosperity, aided by neutrality between England and France.^[50] The Jersey way of life involved agriculture, milling, fishing, shipbuilding, and production of woollen goods. 19th century improvements in transport links brought tourism to the island.

During World War II, Jersey was occupied by Nazi Germany from 1 July 1940 until 9 May 1945, when Germany surrendered.^[51] During this time the Germans constructed many fortifications using Russian slave labour. After 1944 supplies from mainland France were interrupted by the D-Day landings and food on the island became scarce. The SS Vega was sent to the island carrying Red Cross supplies and news of the success of the Allied advance in Europe. The Channel Islands were one of the last places in Europe to be liberated.

Politics[link]

The States building in St. Helier.

Jersey's unicameral legislature is the Assembly of the States of Jersey. It includes fifty-one elected members: ten senators (elected on an island-wide basis), twelve Connétables (often called 'constables', heads of parishes) and twenty-nine deputies (representing constituencies), all elected for four year terms as from the October 2011 elections.^[52] There are also five non-voting members appointed by the Crown: the Bailiff, the Lieutenant Governor of Jersey, the Dean of Jersey, the Attorney General and Solicitor General.^[53]

The government is a Council of Ministers, consisting of a Chief Minister and nine ministers.^[54] Each minister may appoint up to two assistant ministers.^[55] A Chief Executive is head of the civil service.^[56] Some government functions are carried out in the island's twelve parishes.

The Bailiff is President (presiding officer) of the States Assembly,^[57] head of the judiciary and as civic head of the island carries out various ceremonial roles.

As one of the Crown Dependencies, Jersey is autonomous and self-governing, with its own independent legal, administrative and fiscal systems.^[58] In 1973, the Royal Commission on the Constitution set out the duties of the Crown as including: ultimate responsibility for the 'good government' of the Crown Dependencies; ratification of island legislation by Order in Council (Royal Assent); international representation, subject to consultation with the island authorities before concluding any agreement which would apply to them; ensuring the islands meet their international obligations; and defence.^[59]

Elizabeth II's traditional title as Head of State is Duke of Normandy.^[60] "The Crown" is defined by the Law Officers of the Crown as the "Crown in right of Jersey".^[61] The Queen's representative and adviser in the island is the Lieutenant Governor of Jersey. He is a point of contact between Jersey ministers and the United Kingdom government and carries out executive functions in relation to immigration control, deportation, naturalisation and the issue of passports.^[62] Since September 2011, the incumbent Lieutenant Governor has been General Sir John McColl.

Legal system[link]

Jersey is a distinct jurisdiction for the purposes of conflict of laws, separate from the other Channel Islands, England and Wales, Scotland and Northern Ireland.^[63]

Jersey law has been influenced by several different legal traditions, in particular Norman customary law, English common law and modern French civil law.^[64] Jersey's legal system is therefore described as '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.

The principal court is the Royal Court, with appeals to the Jersey Court of Appeal and, ultimately, to the Judicial Committee of the Privy Council. The Bailiff is head of the judiciary; the Bailiff and the Deputy Bailiff are appointed by the Crown. Other members of the island's judiciary are appointed by the Bailiff.

Parishes[link]

The parishes of Jersey

Administratively, Jersey is divided into twelve parishes. All border on the sea. They were named after the Christian saints to whom their ancient parish churches were dedicated:

• Grouville (historically Saint Martin de Grouville; incorporating Les Minquiers)
• Saint Brélade
• Saint Clément
• Saint Helier
• Saint John
• Saint Lawrence
• Saint Martin (historically Saint Martin le Vieux; incorporating Les Écréhous)
• Saint Mary
• Saint Ouen
• Saint Peter
• Saint Saviour
• Trinity