Bailiff (Channel Islands)
From Free net encyclopedia
The Bailiff is the first civil officer in each of the Channel Island bailiwicks of Jersey and Guernsey, serving as president of the legislature and the Royal Court. Each bailiwick has possessed its own bailiff since the islands were divided into two jurisdictions in the 13th century. Since 2004, Guernsey's head of government is the Chief Minister. Jersey adopted a ministerial system under a Chief Minister following the 2005 elections.
The Bailiff is appointed by the Crown, and generally holds office until retirement age (65 in Guernsey, 70 in Jersey). He presides at the Royal Court, and takes the opinions of the Jurats, elected lay judges; he also presides over the States, and represents the Crown in all civil matters.
Though he need not necessarily have had legal training, he is invariably selected from among those who have held some appointment at the Island's Bar.
A Deputy Bailiff, legally qualified like the Bailiff, in each bailiwick may preside when the Bailiff is not available. Senior Jurats may be appointed as Lieutenant-Bailiffs to perform some ceremonial duties in lieu of the Bailiff on occasion as well as presiding over judicial proceedings generally of an administrative nature.
In 1617 a Privy Council decision clarified the division of civil and military responsibilities between the bailiff and the governor. For the first time the Crown laid down the bailiff’s precedence over the governor in justice and civil affairs.
In 1771 it was laid down in Jersey that no laws might be adopted without being passed by the States of Jersey. From this time on it was clear that the bailiff, as president of the States, was the chief power in Jersey, although the process of democratisation through the 19th and 20th centuries has shifted the focus of political influence to the elected members of the States. The introduction of a ministerial system of government under a chief minister is further removing the bailiff from direct decision-making.