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Legal Summary

Crown Dependencies

The Crown Dependencies are not part of the United Kingdom but are internally self-governing dependencies of the Crown. The Crown Dependencies are the Isle of Man, the Bailiwick of Jersey and the Bailiwick of Guernsey.

Isle of Man

The constitutional position of the Isle of Man in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and the Isle of Man is to be found in Part X1 of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship and did not purport to draw up a fully authoritative statement.

The Isle of Man (population 73,000) is an ancient kingdom, which finally became subject to the English Crown in 1765 following a long history of possession, and disputed claims to possession, by Norse, Scottish and English kings. It did not, however, become part of the United Kingdom.

The Lieutenant Governor is Her Majesty’s personal representative on the Island. Other Crown offices include those of First and Second Deemster (judges) and Attorney General, the latter, like the Law officers in the Channel Islands, being the legal adviser both to the Crown and the Island government.

The island has its own legislative assembly (Tynwald), its own administrative, fiscal and legal system and its own courts of law. Royal Assent is required for all primary legislation and this power vests in the Queen in Council, but in most cases is exercised by the Lieutenant Governor under delegated authority.

The Isle of Man has adopted a Cabinet-style Government with a Chief Minister elected by Tynwald and 9 Ministers chosen by the Chief Minister from Members of Tynwald. Tynwald comprises the House of Keys (the lower House) with 24 elected members and the Legislative Council (the upper House) with 8 Members elected by the House of Keys. The Legislative Council also includes the Attorney General and the Lord Bishop of Sodor and Man, as ex-officio members. The President of Tynwald also presides over the Legislative Council and he is elected by Tynwald.

The United Kingdom Government is responsible for the defence and international relations of the Isle of Man, and the Crown is ultimately responsible for its good government. The people of the Isle of Man cannot however vote in elections for the United Kingdom Parliament, and it would be unprecedented for the United Kingdom to legislate for the Isle of Man on taxation and other domestic matters without the agreement of the Manx authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature.

Information on the Isle of Man can be found on the following website http://www.gov.im/

Channel Islands - Bailiwick of Guernsey

The constitutional position of Guernsey in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and Guernsey is to be found in Part XI of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship which itself was complex and did not purport to draw up a fully authoritative statement.

The Bailiwick of Guernsey (population of 61,000) principally comprises the Islands of Guernsey, Alderney and Sark. Alderney and Sark are in varying degrees separate from the Island of Guernsey, each having its own legislative assembly. The Bailiwick of Guernsey was part of the Duchy of Normandy when Duke William, following his conquest of England, became King William 1 of England in 1066. It has since been subject to the English Crown as a successor to the Dukes of Normandy. Guernsey did not, however become part of England nor, later, of the United Kingdom.

The Lieutenant Governor is Her Majesty’s personal representative in the Bailiwick. The most important of the other offices held under the Crown are those of Bailiff and Deputy Bailiff, who in Guernsey share the duties of presiding over the legislature and over the Royal Court and who head the Island’s administration; and those of Attorney General and Solicitor General, who are legal advisers both to the Crown and to the Island Authorities.

The separate legislative assemblies of the Bailiwick are the States of Guernsey, the States of Alderney and the Chief Pleas of Sark. The Islands have their own administrative, fiscal and legal systems and the courts of law. Primary legislation passed by the Bailiwick’s assemblies requires the approval of the Queen in Council.

The United Kingdom Government is responsible for the defence and international relations of the Bailiwick, and the Crown is ultimately responsible for its good government. The people of Guernsey cannot, however, vote in elections for the United Kingdom Parliament and it would be unprecedented for the United Kingdom to legislate for Guernsey on taxation and other domestic matters without the agreement of the Guernsey authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature.

Information on the Bailiwick of Guernsey can be found on the following websites:

• http://www.gov.gg/
• http://www.alderney.gov.gg/
• http://www.sark.gov.gg/

Channel Islands - Bailiwick of Jersey

The constitutional position of Jersey in relation to the United Kingdom is not enshrined in a formal constitutional document. It is rather the outcome of historical processes and accepted practice. The most recent statement of the relationship between the United Kingdom and Jersey is to be found in Part X1 of Volume 1 of the Report of the Royal Commission on the Constitution, published in 1973 (known as the Kilbrandon Report). The Report, however, acknowledged that there were areas of uncertainty in the existing relationship and did not purport to draw up a fully authoritative statement.

Jersey (population 85,000) was part of the Duchy of Normandy when Duke William, following his conquest of England, became King William 1 of England in 1066. It has since been subject to the English Crown as successor to the Dukes of Normandy. Jersey did not, however, become part of England nor, later, of the United Kingdom.

The Lieutenant Governor is Her Majesty’s personal representative in the Island. The most important of the other offices held under the Crown are those of Bailiff and Deputy Bailiff, who share the duties of presiding over the legislature and over the Royal Court of Jersey, and who head the Island administration; and those of the Attorney General and Solicitor General, who are legal advisers both to the Crown and the Island authorities.

The Island has its own legislative assembly (the States of Jersey), its own administrative, fiscal and legal system and its own courts of law. Primary legislation passed by the Jersey Assembly requires the approval of the Queen in Council.

The United Kingdom Government is responsible for the defence and international relations of Jersey, and the Crown is ultimately responsible for its good government. However the people of Jersey cannot vote in elections for the United Kingdom Parliament and, it would be unprecedented for the United Kingdom to legislate for Jersey on taxation and other domestic matters without the agreement of the Jersey authorities. Legislation on taxation matters has always taken the form of laws enacted by the Island legislature.

Information on the Bailiwick of Jersey can be found on the following website http://www.gov.je/