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Guernsey's Constitution
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Bailiwick of Guernsey
The islands consist of two Bailiwicks, Guernsey and its close neighbours and Jersey, the largest of the Channel Islands. The Bailiwick of Guernsey consists of Guernsey, Alderney, Sark, Jethou, Lihou, Breqhou and Burhou.
King John established the Royal Court, appointed a chief officer or Bailiff ("official in a court of law") assisted by 12 jurats (from the Latin jurare, to swear as on an oath) Gradually the office of Bailiff took over the duties of the Seneschal of Normandy and came to represent the civil authority under his own bailiwick. In 1455 during the War of the Roses, the administration was split into two bailiwicks, Guernsey and Jersey. Sark was uninhabited and Alderney was held under a private lease.
Gradually the Bailiff came to take advice from his citizens and by the mid 18th century, the States of Deliberation had been formed, separate from the Royal Court but the Bailiff still heading up both. To this day, the role of Bailiff remains the same. In the mid 19th century, the first peoples deputies were elected .
After 1945, the jurats were replaced by Conseillers elected by the rest of the States. The office of Conseiller was abolished effective from the 2000 General Election. The composition of the States is now as follows:
Bailiff appointed by the Crown
45 People’s deputies elected by parish vote
10 Douzaine representatives (one from each parish and equivalent to local councillors in the UK))
2 Representatives from Alderney
HM Procureur (Appointed Attorney General)
HM Comptroller (Appointed Solicitor General)
The States of Guernsey consists of the States of Deliberation plus:
24 Douzenirs
2 additional People's representatives from Alderney
The States of Guernsey is the government of the Bailiwick of Guernsey and handles all matters except diplomatic and defence aspects.
The UK Government, often these days as a result of an EC directive, will recommend new laws or amendments. The States are not obliged to accept such recommendations but often do subject to amendments to satisfy local requirements.. Many local laws however are still based on ancient Norman custom law and these include bankruptcy and inheritance.
All local legislative changes must be approved by the Privy Council for Royal Assent before they become enacted locally.
The island has ten parishes and six of these are came into being as part of the community area linked to the church. These six have names linked to Saints. The four which do not are Vale, Torteval, Forest and Castel. The latter is so called because the site on which the parish church is built was originally a Roman fort. The commanding view form the site soon explains why the fort was built there.
In addition to the local parish council, the Douzaine, the office of parish Constable (or “Connetable”) still exists in both Jersey and Guernsey and they retain some law enforcement duties. Each official is appointed by the Douzaine for a two year period of office.
Constitutional Review 2000
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A Government Review body Chaired by Advocate Peter Harwood presented their report to the Sates in December 2000. It calls for a major review of the constitution, including a reduction in the number of elected representatives from the current 57. Many people who contributed suggested around 30. Guernsey is at the top of the table when it comes to representatives per number of population. A sample from that table:
Population | Representatives | Ratio 1 per: | |
Guernsey | 56,681 | 57 | 1,029 |
Jersey | 87,500 | 53 | 1,650 |
Isle of Man | 65,000 | 35 | 1,857 |
Monaco | 32,035 | 18 | 1,779 |
Cayman Islands | 33,600 | 15 | 2,240 |
Bermuda | 58,460 | 40 | 1,461 |
Bahamas | 284,000 | 40 | 7,100 |
New Zealand | 3,781,500 | 120 | 31,512 |
United Kingdom | 58,833,000 | 659 | 89,276 |
The Harwood Panel also suggests a reduction in Committees which currently number 52, of which 30 of these are regularly active.
Another significant finding of the review panel is that the parish system of voting produces an unequal number of votes per person. This system does not have deep historical roots and in fact goes back to 1948. "There can be no justification for a system that gives one elector twelve or even six times more votes than another". The initial report suggests two options
8 electoral districts each electing 5 deputies
or 6 electoral districts electing 5 deputies plus 1o parish representatives.
The States asked the panel to come back with firm recommendations, which was not part of their original remit.
This further report has now been published. It has reported that the current style of government by committee is unable to deliver political leadership and this results in a state of chaos and confusion. It pointed out that the senior committee Advisory and Finance act as advisors but has no formal authority over other committees.
The recommendations on the future structure of the States are
a cabinet style government of 12 ministers
a reduction in States members from 57 to 42 but still including 10 parish elected officials
just six electoral districts of evenly populated numbers instead of the current 10 parish based districts.
members would also be paid £25,000 to £30,000 p.a. and ministers more than this.
fortnightly States meetings and finishing at 7pm where necessary rather than 5pm at present
The Panel do not see any conflict in the Bailiff's joint role of Head of Judiciary and President of the States. The States currently meet on the last Wednesday of each month but the panel suggests fortnightly to ensure better continuity. Electronic voting should be introduced. States members should also be given proper secretarial support, email internet facilities and a personal computer.
In Jersey, a similar review body, The Clothier Review panel reported in January 2001 and recommends separating the Bailiff's current joint role of head of judiciary and President of the States. It makes almost 50 recommendations including a cabinet style government of 7 ministers headed by a Chief Minister & reducing the number of Deputies. Reform is expected to take place within one year.
Guernsey's Government site www.gov.gg