Law of Guernsey
Alderney and Sark have their own legal systems which, whilst very similar to Guernsey's and having the same origins, do differ in significant aspects, such as inheritances.
[1]: 179 The Royal Charters, going back to 1341 set out the rights and privileges of the people in the Bailiwick of Guernsey.
Sanction can be delayed for years, or refused, however rules have developed over the centuries to avoid a constitutional crisis.
[1]: 67 There is a proposal, which was approved, with amendments, by Order In Council on February 21, 2024 and goes into effect on February 29, 2024, that the Lieutenant Governor of Guernsey should be granted the power of Royal Assent to enable laws to be granted approval within six weeks if no objection was raised rather than refer every law to London.
"[2] The States also make delegated legislation known as Ordinances (Ordonnances) and Orders (Ordres) which do not require the Royal Assent.
[1]: 186 There have been many cases in history of Guernsey simply not registering Parliamentary laws which has the effect of nullifying them.
[1]: 186 In many cases it is logical to take Parliamentary legislation and if useful and applicable to the Bailiwick, mirror it, or adopt it with few, if any, changes into a Guernsey law, such as the Civil Aviation Act 1946 (through the Civil Aviation Act (Extension to the Channel Islands) Order, 1947).
Since 1967, when the United Kingdom applied for membership of the European Economic Community, the UK made it plain that certain laws passed by European Union bodies would apply to Guernsey, through the United Kingdom connection.
[1]: 74 Whilst it is a strong constitutional convention that the UK does not normally legislate for the Crown Dependencies without the explicit consent of their Governments, in law it does have the power to do so.
(There is only one example of the British Parliament legislating for a Crown Dependency in modern times (i.e. since the Statute of Westminster) which was the imposition by the Wilson Government of the Marine Broadcasting Offences Act 1967 (a UK Act) to the Isle of Man and its incorporation to Manx Law without the consent of Tynwald (the Isle of Man's Parliament).
The arrival of Viking invaders in the 10th century brought out law based more on custom.
It is, supposedly, an appeal to Rollo who ruled Normandy and the Channel Islands from 911-927 and is a form of injunction to stop someone who is damaging private land.
King John, who reigned from 1199 to 1216, lost the English-controlled territories in Normandy in France following the 1204 Siege of Château Gaillard, the remaining Norman lands being the Channel Islands.
King John promised the islands independence and the right to continue governing themselves after they confirmed their allegiance to the English Crown.
The earliest Norman law was based on oral tradition and repeated practices in feudal society.
[9] The second, dating between 1235 and 1258 and called Grand Coutumier, comprised 125 articles setting out all matters including jurisdiction, judicial officers, various ducal rights (such as wrecks and treasure trove), various forms of feudal tenure, legal procedure and remedies, succession law, criminal law and punishment, various forms of civil dispute, possession actions, other forms of court action and prescription.
[3] The Grand Coutumier in Guernsey started to diverge from the French version as local customs were added to it.
The setting out in writing of the previous French common laws provided a basis of understanding for the Courts of Guernsey.
The commissioners to Guernsey found certain faults, resulting in the laws being defined and L’Approbation des Lois being published.
Some laws kept the old language for longer, for instance, all deeds for the sale and purchase of real estate in Guernsey were written in French until 1971.
Alderney enjoys full autonomy in law (except in matters of foreign affairs and defence, as the other Channel Islands); however, in 1948 Alderney adopted a new constitution which created a fully elected government and changed the courts.
The qualification route is commonly achieved through obtaining a Bachelor of Laws degree in England or Wales (or other commonwealth jurisdiction), then a qualification as a solicitor or barrister in England and Wales (or Scotland/ Northern Ireland), followed by vocational training, passing Guernsey Bar exams and then obtaining a Certificat d’Etudes Juridiques Françaises et Normandes from Caen University.
