Wednesday, 7 January 2009

THE STATES OF JERSEY - 20 August 1999

The States of Jersey is the island's legislative assembly and has 53 members who meet fortnightly.

The States originated from the practice of the Royal Court in the 15th century of calling on the Constables and Rectors of the 12 parishes to attend its meetings in times of emergency. The practice became established and 'the States' developed an independent existence from the Royal Court.

The title 'the States' referred to the assembly of the Three Estates, being the Royal Court representing the Courts, the Rectors representing the Church, and the Constables representing the People. The title "the States" first appears in a deed dated 27 October 1497 and the records of the States date from 1524.

The Royal Court continued to make Ordinances concurrently with the States until 1771, but the confusion became intolerable and on 20 October 1770 the Lieutenant Governor presented to the States a compilation of "the most useful and necessary" laws of the island to be adopted to the exclusion of all other written laws, whereby "every individual will be able to know how to regulate his conduct conformable to the Laws of his Country and be no more obliged to live in a continual dread of becoming liable to punishments, for disobeying Laws it was morally impossible for them to have the least knowledge of."

The laws were approved by an order of the Privy Council on 28 March 1771 and also finally constituted the States as the island's sole legislature.

Until 1856 the States consisted of the Bailiff and various other members of the Royal Court, the Governor representing the Crown, the 12 parish Rectors and the 12 parish Constables. In 1856, 14 Deputies were added, one elected by each of the country parishes and three in St. Helier. In 1907 the number of St. Helier Deputies was increased to six and the parish was divided into three electoral districts.

The composition of the States radically changed in 1948 following a report of a Privy Council Commission. The Jurats of the Royal Court and the 12 Rectors ceased to be members (although the Church is still represented by the Dean of Jersey).

In addition, the number of Deputies elected by the parishes was increased to 28 and 12 new members, called Senators, were introduced and elected by the whole island. The number of Deputies was further increased to 29 in 1974.

The Bailiff is the President of the States and acts as its Speaker. Only the elected representatives, namely, the Constables, the Deputies and the Senators, may vote, although the Bailiff has a casting vote which, by convention, is used to maintain the status quo.

The Bailiff has the right of speech but this is traditionally only exercised to maintain orderly debate. The Attorney-General and the Solicitor-General also have a right to speak, but this is usually confined to points of law which require clarification.

The Dean of Jersey says prayers at the beginning of each meeting and also has the right to speak. The Lieutenant-Governor, as the representative of the Crown, takes no part in debates but has the power to veto any resolution of the States "but only in respect of such matters as may concern the special interest of Her Majesty".

The present States Chamber was inaugurated on 21 June 1887. The Royal Mace that is carried before the Bailiff at the meetings of the States was presented to Jersey by King Charles II on 28 November 1663 in gratitude for the hospitality that he received from the island on two occasions during his exile. The Banner of Arms of the Sovereign that hangs over the Presidential dais bears a similar design of three gold leopards on a red background as appear on the Public Seal granted to the Bailiwick of Jersey by King Edward I in 1279 and was placed in position in 1921 on the occasion of the visit of King George V and Queen Mary.

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