INTRODUCTION

  1. The constitutional position of Jersey in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and Jersey is to be found in Part XI of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship and did not purport to draw up a fully authoritative statement.

BACKGROUND INFORMATION

  2. Jersey (population of 85,000) was part of the Duchy of Normandy when Duke William, following his conquest of England, became King William I of England in 1066. It has since been subject to the English Crown as successor to the Dukes of Normandy. Jersey did not, however, become part of England nor, later, of the United Kingdom.

  3. The Lieutenant Governor is Her Majesty's personal representative in the Island. The most important of the other offices held under the Crown are those of Bailiff and Deputy Bailiff, who share the duties of presiding over the legislature and over the Royal Court of Jersey, and who head the Island administration; and those of Attorney General and Solicitor General, who are legal advisers both to the Crown and to the Island authorities.

  4. The Island has its own legislative assembly (the States of Jersey), its own administrative, fiscal and legal system and its own courts of law. Primary legislation passed by the Jersey assembly requires the approval of the Queen in Council.

RELATIONSHIP WITH THE UNITED KINGDOM

  5. The United Kingdom Government is responsible for the defence and international relations of Jersey, and the Crown is ultimately responsible for its good government. However the people of Jersey cannot vote in elections for the United Kingdom Parliament and it would be unprecedented for the United Kingdom to legislate for Jersey on taxation and other domestic matters without the agreement of the Jersey authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature.