The Channel Islands (Norman: Îles d’la Manche, French: Îles Anglo-Normandes or Îles de la Manche) are an archipelago of British Crown Dependencies in the English Channel, off the French coast of Normandy. They include two separate bailiwicks: the Bailiwick of Guernsey and theBailiwick of Jersey, neither of which is part of the United Kingdom; rather they are considered the remnants of the Duchy of Normandy.[1] They have a total population of about 158,000 and their respective capitals, St. Peter Port and St. Helier, have populations of 16,488 and 28,310. The total area of the islands is 194 km².
The Bailiwicks have been administered separately from each other since the late 13th century, and although those unacquainted with the islands often assume they form one political unit, common institutions are the exception rather than the rule. The two Bailiwicks have no common laws, no common elections, and no common representative body (although their politicians consult regularly).
Entrance to the public gallery of the States Chamber in Jersey.
Known as “Sarnia” to the Romans, Guernsey and the other Channel Islands became part of the Duchy of Normandy in 933 AD. In 1066 William of Normandy conquered England and joined it to Normandy. In 1204, King John of England lost continental Normandy but the Channel Islands remained loyal to the English Crown. The Channel Islands have, since that time, remained possessions of the English Crown, as distinct from colonial and overseas dependencies of the United Kingdom. Accordingly, the constitutional relationship between the Channel Islands and the United Kingdom is unique, whereby the respective legislative assemblies have the exclusive right to legislate on matters of domestic concern to the Islands, whilst the United Kingdom is responsible for the islands’ external affairs and defence. This relationship has arisen over a period of time through custom and not through specific constitutional charter; in recent years, however, it has been subject to considerable scrutiny as a result of which it now appears to be more firmly established than before.
The Charters granted by successive Sovereigns, together with the gradual growth of the right to self-government, have resulted in the prerogative of the Island’s Parliament, the States of Guernsey, to promulgate laws and regulations to govern the Island’s internal affairs, including revenue and taxation matters. The legal system in Guernsey is now largely based on English Common Law, but still has significant elements of the old Norman French legal system.
The Crown Dependencies are possessions of The Crown in Right of the United Kingdom, as opposed to overseas territories of the United Kingdom. They comprise the Channel Island Bailwicks of Jersey and Guernsey in theEnglish Channel, and the Isle of Man in the Irish Sea.
Being independently administered jurisdictions, none forms part of the United Kingdom or of the European Union. All three Crown dependencies are members of the British-Irish Council. Since 2005, each Crown dependency has had a Chief Minister as head of government. Although the dependencies are possessions of the British Crown, and are not sovereign nations in their own right, the power to pass legislation affecting the islands ultimately rests with their own respective legislative assemblies, with the assent of the Crown (Privy Council).[1]
These Crown dependencies, together with the United Kingdom, are collectively known as the British Islands. Since the British Nationality Act 1981 came into effect, they have been treated as part of the United Kingdom for British nationality law purposes.[2] However, each dependency maintains local controls over housing and employment, with special rules applying to British citizens without specified connections to that dependency (as well as to non-British citizens).
Each Island has its own separate international vehicle registration (GBG – Guernsey, GBA – Alderney, GBJ – Jersey, GBM – Isle of Man), internet domain (.gg – Guernsey, .je – Jersey, .im – Isle of Man), and ISO 3166-2 codes, first reserved on behalf of the Universal Postal Union (GGY – Guernsey, JEY – Jersey, IMN – Isle of Man) and then added officially by the International Organization for Standardization on 29 March 2006. In addition, since 2008 the Isle of Man has used the aircraft registration M-.
Relationship with the Crown
In each Crown dependency, the British monarch is represented by a Lieutenant Governor, but this post is largely ceremonial. In 2005, it was decided in the Isle of Man to replace the Lieutenant Governor with a Crown Commissioner, but this decision was reversed before it was implemented.
All “insular” legislation has to receive the approval of the “Queen in Council”, in effect, the Privy Council in London, with a UK minister being the Privy Councillor with responsibility for the Crown dependencies. Certain types of domestic legislation in the Isle of Man, however, may be signed into law by the Lieutenant Governor, using delegated powers, without having to pass through the Privy Council. In Jersey, provisional legislation of an administrative nature may be adopted by means of triennial regulations (renewable after three years), without requiring the assent of the Privy Council.[5] Much legislation, in practice, is effected by means of secondary legislation under the authority of prior laws or Orders in Council.
Relationship with the UK
The British Government is solely responsible for defence[citation needed] and international representation[citation needed](although, in accordance with 2007 framework agreements,[10] the UK has undertaken not to act internationally on behalf of the Crown dependencies without prior consultation). Each Crown dependency has responsibility for its own customs and immigration services. Until 2001, responsibility for the Crown dependencies belonged to the Home Office, but was then transferred first to the Lord Chancellor’s Department, then to the Department for Constitutional Affairs, and finally to the Ministry of Justice.
Acts of the British Parliament do not usually apply to the Channel Islands and the Isle of Man, unless explicitly stated, and even this is increasingly rare. When deemed advisable, Acts of Parliament may be extended to the Islands by means of an ‘Order in Council‘, and normally the agreement of their administrations would be sought first. An example of this was the Television Act 1954, which was extended to the Channel Islands, so as to create a local ITV franchise, known as Channel Television.
Westminster retains the right to legislate for the Islands against their will as a last resort, but this is also rarely exercised, and may, according to legal opinion from the Attorney-General of Jersey, have fallen into desuetude — although this argument was not accepted by the Department for Constitutional Affairs (The Marine, Etc., Broadcasting (Offences) Act 1967 was one recent piece of legislation extended to the Isle of Man against the wishes of the Manx Parliament).
The States of Jersey Law 2005 established that all Acts of the United Kingdom and Orders in Council were to be referred to the States, thus giving greater freedom of action to Jersey in international affairs.
In recent years, with the development of finance industries and the increasing interdependence of the modern world, the Islands have been more active in international relations, concluding treaties and signing conventions with other states separately from the UK. Such treaties typically concern matters such as tax, finance, environment and trade, and other matters not relating directly to defence and international representation. The UK has in recent years, however, agreed to the Channel Islands negotiating directly with the French government on topics such as Frenchnuclear activities in the region, as this is a matter on which the UK government holds views so at odds with those of the governments of the Bailiwicks that it feels unable to continue to represent the Islands itself.[citation needed]
The constitutional and cultural proximity of the Islands to the UK means that there are shared institutions and organisations. The BBC, for example, has local radio stations in the Channel Islands, and also a website run by a team based on the Isle of Man (which is included in BBC North West). While the Islands now assume responsibility for their own post and telecommunications, they continue to participate in the UK telephone numbering plan, and they have adapted their postcode systems to be compatible with that of the UK.