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Law of Jersey
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Law of Jersey
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. 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.
Jersey's legislature, the States Assembly makes legislation affecting most areas of activity.
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 out in the Standing Orders of the States of Jersey. Once the Law is in draft from, it starts the legislative process as a 'draft Law' which may be introduced to the States by a minister, any States member, a scrutiny panel or the Comité des Connétables.
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". 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 Privy Council to advise the Queen to refuse royal assent. Once official scrutiny is complete in London, the law is formally presented to His 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 may specify that it can be brought into force at a date decided by the relevant Jersey minister, or the States Assembly may adopt a "Commencement Act". 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 in Recueil des Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law website.
In Jersey, there are other types of legislation in addition to laws.
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Law of Jersey
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. 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.
Jersey's legislature, the States Assembly makes legislation affecting most areas of activity.
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 out in the Standing Orders of the States of Jersey. Once the Law is in draft from, it starts the legislative process as a 'draft Law' which may be introduced to the States by a minister, any States member, a scrutiny panel or the Comité des Connétables.
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". 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 Privy Council to advise the Queen to refuse royal assent. Once official scrutiny is complete in London, the law is formally presented to His 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 may specify that it can be brought into force at a date decided by the relevant Jersey minister, or the States Assembly may adopt a "Commencement Act". 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 in Recueil des Lois de Jersey and online by the Jersey Legal Information Board on the Jersey Law website.
In Jersey, there are other types of legislation in addition to laws.
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