THE SEIGNEURIAL TITLES OF THE NORMAN ISLANDS
OF THE CHANNEL. GUERNSEY TITLES.
(II) Law and institutions in Guernsey
(Sir
John Loveridge, Bailiff of Guernsey from 1973 to 1982)
Royal Charters.
Probably the most important privilege granted by the Charters was the
immunity of insular produce from customs on entry into the United Kingdom.
Prerogative orders in council: Were (and are) based on the powers exercised by the English Crown.
Acts of Parliament: An Act of Parliament does not apply automatically to the Island but only if the Island is expressly named therein or because it must apply by necessary implication. An Act of the Parliament which applies to the Island is transmitted by the Clerk of the Privy Council through the official channels to the Royal Court for registration in Records.
Insular legislation: There are two forms of insular legislation, namely Laws and Ordinances. Law originates in the passing by the States of a Project de Loi or Bill. This has no force of law, until having been transmitted by the Bailiff through the Lieutenant-Governor to Her Majesty in Council, it receives the Sanction of the Sovereign or refused sanction.
The States exercise legislative power by way of Ordinance. It was exercised by the Royal Court until 1948 when the powers and functions of a legislative nature were transferred to the States by the Reform (Guernsey) Law 1948.
Ecclesiastical legislation: The Church of England in Guernsey is part of the Diocese of Winchester, having been finally transferred from the Diocese of Coutances by an Order in Council of 11th March, 1569. The Dean of Guernsey and the Rectors are appointed by the Crown.
Prerogative orders in council: Were (and are) based on the powers exercised by the English Crown.
Acts of Parliament: An Act of Parliament does not apply automatically to the Island but only if the Island is expressly named therein or because it must apply by necessary implication. An Act of the Parliament which applies to the Island is transmitted by the Clerk of the Privy Council through the official channels to the Royal Court for registration in Records.
Insular legislation: There are two forms of insular legislation, namely Laws and Ordinances. Law originates in the passing by the States of a Project de Loi or Bill. This has no force of law, until having been transmitted by the Bailiff through the Lieutenant-Governor to Her Majesty in Council, it receives the Sanction of the Sovereign or refused sanction.
The States exercise legislative power by way of Ordinance. It was exercised by the Royal Court until 1948 when the powers and functions of a legislative nature were transferred to the States by the Reform (Guernsey) Law 1948.
Ecclesiastical legislation: The Church of England in Guernsey is part of the Diocese of Winchester, having been finally transferred from the Diocese of Coutances by an Order in Council of 11th March, 1569. The Dean of Guernsey and the Rectors are appointed by the Crown.
Guernsey Offices: The offices held in Guernsey are:
1) Crown appointments:
A) Lieutenant-Governor (a Governor was appointed in earlier times as an honour “Governor”, but he usually lived in England, requiring the need for a Lieutenant-Governor). The Lieutenant-Governor is Her Majesty’s personal representative in the Bailiwick and is appointed by the Sovereign by Royal Warrant under the Sign Manual. B) The Bailiff is the Island’s chief citizen and representative. The Bailiff is appointed by the Sovereign by Letters Patent under the Great Seal of the Realm and holds office during Her Majesty’s Pleasure subject to a retiring age of seventy years. He is President of the States of Election, President of the States of Deliberation, President of the Royal Court, President of the Court of Appeal and head of the administration. C) Deputy Bailiff: Same as the Bailiff, acting as Bailiff in absence, incapacity or vacancy of the Bailiff.
A) Lieutenant-Governor (a Governor was appointed in earlier times as an honour “Governor”, but he usually lived in England, requiring the need for a Lieutenant-Governor). The Lieutenant-Governor is Her Majesty’s personal representative in the Bailiwick and is appointed by the Sovereign by Royal Warrant under the Sign Manual. B) The Bailiff is the Island’s chief citizen and representative. The Bailiff is appointed by the Sovereign by Letters Patent under the Great Seal of the Realm and holds office during Her Majesty’s Pleasure subject to a retiring age of seventy years. He is President of the States of Election, President of the States of Deliberation, President of the Royal Court, President of the Court of Appeal and head of the administration. C) Deputy Bailiff: Same as the Bailiff, acting as Bailiff in absence, incapacity or vacancy of the Bailiff.
D) Lieutenant-Bailiff:
The office of the Lieutenant-Bailiff rest on the power, conferred in
the Letter Patent appointing the Bailiff, to appoint a deputy or deputies.
The Royal Court is presided over by the Lieutenant-Bailiff in the absence
of the Bailiff and the Deputy Bailiff. The practice is for the Bailiff
to appoint four Lieutenant-Bailiffs, one for each quarter of the year.
E) The Greffier:
is Clerk in the Royal Court and Clerk to the States. F) The Sheriff:
Appointed by the States Appointments Board and may not be dismissed
from office otherwise than by Her Majesty. The Sheriff is responsible
for executing judgments and sentences of the Royal Court and of the
Magistrate’s Court. The Sheriff is an officer of the Royal Court
and of the Magistrate’s Court and the States of Deliberation and
the States of Election. G) The Sergeant. H) Receiver-General
(collection of dues to the Crown) are other crown appointments.
The Law officers of the crown, Appointed
by the Crown by Royal Warrant under the Sign Manual, are: I) the Procureur
(Attorney-General) and II) the Comptroller (Solicitor General).
2) The Jurats.
The twelve Jurats are appointed by the States of Election, after due election.
The twelve Jurats are appointed by the States of Election, after due election.
The
Courts: The Royal Court sits as a Court of Chief Pleas, a Full Court,
an Ordinary Court, or as the Court of Matrimonial Causes. There are
also: The Court of Appeal, The Magistrates’s Court, The Ecclesiastical
Court and the States of Guernsey (States of Deliberation, they are the
legislature and the government of Guernsey).