What is a crown dependency?
https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/863381/crown-dependencies-factsheet-february-2020.pdf – the Ministry of Justice’s fact sheet on the UK’s relationship with the Crown Dependancies.
The Crown Dependencies are not part of the UK but are self-governing dependencies of the Crown. This means they have their own directly elected legislative assemblies, administrative, fiscal and legal systems and courts of law. The Crown Dependencies are not represented in the UK Parliament. Crown Dependencies have the international status of “territories for which the United Kingdom is responsible” rather than sovereign states. The relationship between the Crown Dependencies and the UK is “one of mutual respect and support, i.e. a partnership”. There is a significant gap between the official and operational relationship between the UK and the islands.
Crown Dependancies have not been colonies of the UK, and they aren’t Oversees Territories like Gibraltar. (these have a different relationship with the UK). The Constitutional relationship of the islands is maintained through the crown, but not in a formal constitutional document. HM UK government is responsible for the defence and international relations of the Islands. The Crown, acting through a council, is ultimately responsible for ensuring their good government.
Jersey’s history as a Crown Dependency
The Channel Islands were part of the Duchy of Normandy when Duke William, following his conquest of England in 1066, became William I. In 1106, William’s youngest son Henry I seized the Duchy of Normandy from his brother Robert. Since that time, the English, and subsequently British Sovereign has held the title Duke of Normandy. By 1205, England had lost most of its French lands, including Normandy. However, the Channel Islands which were part of the lost Duchy remained a self-governing possession of the English Crown. While the Islands today retain autonomy in government, they owe allegiance to the Crown in their role as Duke of Normandy.
Each island has total control over its laws – including setting its own public holidays, which meant that even though King Charles III approved the day of his mother’s funeral as a bank holiday in the United Kingdom, both Jersey and Guernsey’s governments had to give their approval before the change came into effect there. The 1973 report of the Royal Commission on the Constitution – which examined the structures of the constitution of the United Kingdom and the British Islands – referred to the constitutional position of the Crown Dependencies as ‘unique’. It stated: “In some respects, they are like miniature states with wide powers of self-government, while their method of functioning through committees is much more akin to that of United Kingdom local authorities.” A 2010 Justice Committee report highlighted the “essential independence” between the Crown Dependencies and the UK and “their independence from each other”. The same report emphasised that the Crown Dependencies’ relationship is with the Crown rather than the UK.
Jersey’s Government as a Crown Dependency
Because Jersey is a dependency of the British Crown, King Charles III reigns in Jersey. “The Crown” is defined by the Law Officers of the Crown as the “Crown in right of Jersey”. The King’s representative and adviser on the island are the Lieutenant Governor of Jersey – Vice-Admiral Jerry Kyd since 8 October 2022. He is a point of contact between Jersey ministers and the UK Government and carries out some functions in relation to immigration control, deportation, naturalisation and the issue of passports. In 1973, the Royal Commission on the Constitution set out the duties of the Crown as including ultimate responsibility for the good government of the Crown Dependencies; international representation, subject to consultation with the island authorities before concluding any agreement which would apply to them; ensuring the islands meet their international obligations, and defence.
Jersey’s unicameral (one assembly of voting) legislature is the States Assembly. It includes 49 elected members: 8 senators (elected on an island-wide basis), 12 Connétables (often called ‘constables’, heads of parishes) and 29 deputies (representing constituencies), all elected for four-year terms as of the October 2011 elections. There are also five non-voting members appointed by the Crown: the Bailiff, the Lieutenant Governor of Jersey, the Dean of Jersey, the Attorney General and the Solicitor General. The Bailiff is the President (presiding officer) of the States Assembly, head of the judiciary and as civic head of the island carries out various ceremonial roles. The Council of Ministers, consisting of a Chief Minister and nine ministers, makes up the leading body of the Government of Jersey. Each minister may appoint up to two assistant ministers. A Chief Executive is the head of the civil service. Some governmental functions are carried out in the island’s parishes.
