Crown dependency
From Free net encyclopedia
Crown dependencies are possessions of the British Crown, as opposed to overseas territories or colonies of the United Kingdom. They comprise the Channel Island bailiwicks of Jersey and Guernsey and the Isle of Man in the Irish Sea.
None forms a part of the United Kingdom, being separate jurisdictions, nor do they form part of the European Union. All three Crown Dependencies are members of the British-Irish Council. From 2005, all three Crown Dependencies each have a Chief Minister as head of government.
Contents |
Crown dependencies
Bailiwick of Guernsey
Major article: Politics of Guernsey
The Bailiwick of Guernsey includes the Island of Guernsey, the Island of Sark, the Island of Alderney, Herm and the other islands. The parliament is the States of Guernsey.
Within the Bailiwick of Guernsey, autonomy is exercised by Sark, a feudal (but democratising) state under the Seigneur, whose legislature is called the Chief Pleas, and by Alderney, whose legislature is also called the States, under an elected President.
Guernsey issues its own coins and banknotes:
These circulate freely in both bailiwicks alongside UK coinage and English and Scottish banknotes. They are not legal tender within the UK, but are often accepted anyway.
Bailiwick of Jersey
Major article: Politics of Jersey
The Bailiwick of Jersey consists of the Island of Jersey and its uninhabited dependencies.
The parliament is the States of Jersey. The States of Jersey Law 2005 [1] introduced the post of Chief Minister of Jersey, abolished the Bailiff's power of dissent to a resolution of the States and the Lieutenant Governor's power of veto over a resolution of the States, established that any Order in Council or Act of the United Kingdom that it is proposed may apply to Jersey shall be referred to the States in order that the States may signify their views on it.
Jersey issues its own coins and banknotes:
These circulate freely in both bailiwicks alongside UK coinage and English and Scottish banknotes. They are not legal tender within the UK.
There are few political parties in the sense that they exist in the UK or elsewhere, as candidates generally stand for election as independents.
Each bailiwick has its own legal and healthcare systems as well as its own separate immigration policy with citizenship in one bailiwick having no jurisdiction in the other. They exercise bilateral double taxation treaties. Since 1961 the bailiwicks have had separate courts of appeal, but generally the bailiff of each bailiwick has been appointed to serve on the panel of appellate judges for the other bailiwick.
Isle of Man
Major articles: Isle of Man, History of the Isle of Man
The Isle of Man's Tynwald claims to be the world's oldest parliament in continuous existence (however it doesn't claim to be the oldest parliament as Iceland's Althing dates back to 930), dating back to 979. It consists of a popularly elected House of Keys and an indirectly elected Legislative Council, which may sit separately or jointly to consider pieces of legislation, which, when passed into law, are known as 'Acts of Tynwald'. Candidates stand for election as independents, rather than being selected by political parties. There is a Council of Ministers headed by a Chief Minister.
The Isle of Man issues its own coins and banknotes, which circulate freely alongside UK coinage and English and Scottish banknotes.
The Isle of Man Post Office issues its own stamps and makes significant revenue from the sale of special issues to collectors.
Relationship with the Crown
The Channel Islands became part of the Duchy of Normandy in 933, becoming subject to the Crown of England after the Norman Conquest in 1066. This order of events leads some Channel Islanders to jokingly refer to Britain as "our oldest possession".
The islands were retained by the Crown when the rest of Normandy was lost in 1204. The Channel Islands are also known as 'peculiars of the Crown'.
In the Isle of Man the British monarch is Lord of Mann (note the difference in spelling), a title variously held by Norse, Scots and English kings and nobles until it passed to the British monarch in 1765.
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 by a Crown Commissioner.
Relationship with the UK
The British Government is solely responsible for defence and international representation, although each island has responsibility for its own customs and immigration. Until 2001, the Home Office had responsibility for the Crown Dependencies, but this was transferred to the Lord Chancellor's Department, now called the Department of Constitutional Affairs.
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.
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 only then with the agreement of their administrations. An example of this was the Television Act 1954, which was extended to the Channel Islands, so as to create a local Independent Television 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, if ever, exercised, and may according to legal opinion from the Attorney-General of Jersey have fallen into desuetude - the States of Jersey Law 2005 established that all Acts of the United Kingdom and Orders in Council are to be referred to the States. The preamble to the States of Jersey Law 2005 states:
- WHEREAS it is recognized that Jersey has autonomous capacity in domestic affairs;
- AND WHEREAS it is further recognized that there is an increasing need for Jersey to participate in matters of international affairs;
- AND WHEREAS Jersey wishes to enhance and promote democratic, accountable and responsive governance in the island and implement fair, effective and efficient policies, in accordance with the international principles of human rights...
thereby explicitly giving greater freedom of action to Jersey in international affairs.
In recent years, with the development of finance industries and the increasing inter-dependence 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, as is their constitutional right. Such treaties are typically on matters such as tax, finance, environment, trade and other questions except 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 French nuclear activities in the region as this is a matter on which the UK government holds a view so at odds with the views of the governments of the Bailiwicks that it felt unable to continue to carry out its constitutional duty to represent the Islands itself.
As the bailiwicks develop their economies and democratic institutions, the relationship with the Crown is changing. The insular governments are making contact more directly with foreign governments, especially in cases when the interests of the UK and the bailiwicks diverge and the UK government is therefore unwilling to represent Channel Island interests.
However, the constitutional and cultural proximity of the Islands to the UK means that there are shared institutions and organisations. The BBC has local radio stations and television programmes in the Channel Islands, though not the Isle of Man, and while the Islands took over responsibility for their own post and telecommunications, they continue to participate in the UK telephone numbering plan and the Islands have adapted their postcode systems to be compatible with the UK. Nevertheless, each Island has its own separate international vehicle registration, (GBG - Guernsey, GBJ - Jersey, GBM - Isle of Man) and internet domain, (.gg - Guernsey, .je - Jersey, .im - Isle of Man). They do not have ISO 3166-1 codes, however, although GGY, JEY and IMN have been reserved on behalf of the Universal Postal Union.
Relationship with the EU
Although they are not part of the European Union, having decided not to join when the UK joined, the Crown dependencies have a complicated relationship with the EU, governed by Article 299(6)(c) of the Treaty establishing the European Community:
- this Treaty shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972.;
and by Protocol 3 to the UK's Act of Accession to the Community.
See also
External links
- States of Jersey
- States of Guernsey
- Isle of Man Government
- UK Department of Constitutional Affairscs:Britské korunní závislé území
de:Kronbesitz es:Dependencia de la Corona Británica no:Kronbesittelse pl:Dependencja Korony brytyjskiej sk:Korunná dependencia sr:Крунске владавине sv:Crown Dependency