Constitutional history and the evolution of the States Assembly
Sir Philip Bailhache, in St Helier.
The Bailiwick of Jersey has a particular relationship with the United Kingdom government which stems from nearly a millennium of historic developments in which it has resolutely defended its sovereignty, recounts the Bailiff.
Sir Philip has been Bailiff of Jersey and President of the States (Speaker) since 1995. He has been a Member of the States since 1972 when he was elected as Deputy of his home parish of Grouville. He was appointed as Solicitor General in 1975, as Attorney General in 1986 and as Deputy Bailiff in 1994.
T
he States Assembly (L'Assemblée des Etats) is not the oldest Legislature in the Common-wealth
but it has nonetheless a long and fascinating history. This history is part of the peculiar, and evolving, constitutional relationship between Jersey and the English Crown. Following the loss of Normandy (of
which the Bailiwick then formed part) by King John of England in 1204, Jersey was given a number of constitutional privileges in exchange for the loyalty of the inhabitants. It was to have its own administration and was not to be incorporated into the realm of England. It was to retain its own laws (essentially the customary law of Normandy) and to have
A medieval parliamentary beginning The origin of the States may be traced to the beginning of the sixteenth century. The Royal Court had been the law-making body since the schism with Normandy in 1204. Over a period of time the members of the Court (the Bailiff and Jurats) took to consulting with the representatives of the 12 parishes (the rectors and the ITAL Connétables or mayors) before petitioning the Crown for any change in the law. By the early 1500s, the three estates
Sir Philip Bailhache.
its own court and judges (the Bailiff and the 12 Jurats elected by the islanders). Two officers of the Crown played pivotal roles in the island's development: the Governor and the Bailiff. The Governor's role was essentially military - he was the Commander-in-Chief of the King's forces and responsible for defence - while the Bailiff's role was that of chief judge and civic head of the island.
of Jurat, Rector and Connétable were meeting together for this purpose, and the Island's Legislative Assembly had evolved. It was called Les Etats de Jersey, the States of Jersey, in imitation no doubt of the parliamentary Assembly of Normandy, Les Etats de Normandie. The minutes were first recorded in 1524, although they remained intermingled with the records of the Royal Court until 1603. The Bailiff, as President of the Royal Court, was naturally also the President of the States. The Governor was also a Member ex officio and at that time asserted the right to determine when the States should be convened. The stormy period of English history at