More is known of the origins of the fief than of the parishes and early documents show that Jersey was thoroughly feudalised (the majority of the residents were tenants holding land from Seigneurs).
Until King James II, successive English monarchs have then granted to Jersey by charter its certain privileges, likely to ensure the island's continued loyalty, accounting for its advantageous position at the boundary of the European continent.
[13] Most lords forfeited their insular land in favour of their French territory, but some remained, notably the de Carteret family of St Ouen.
While probably originally a temporary arrangement by Otto de Grandison, this became permanent and the foundation for Jersey's modern separation of Crown and justice.
[6]:28 In 1341, in recognition of islanders' efforts during the war, King Edward III declared that Jerseymen should 'hold and retain all privileges, liberties, immunities and customs granted by our forebares'.
[6]: 96–7 [16] This dispute led to one of the most major turning points in Jersey's constitutional history, as the division of powers between the Governor and Bailiff were clearly demarcated.
Absences of the de Carterets and all other high-ranking posts left Charles Lempière, the Lieutenant Bailiff, in effective full control over the island.
[18] On 28 September 1769, men from the northern parishes marched into town and rioted, including breaking into the Royal Court in a threatening manner.
With the fixing in 1771 of the Code des Lois it was established that the States had a legislative monopoly, and the lawmaking powers of the Royal Court were removed (see quote below).
[6]:199 "no Laws or Ordinances whatsoever, which may be made provisionally or in view of being afterwards asserted to by His Majesty in Council, shall be passed but by the whole Assembly of the States of [Jersey]"The late 18th century was the first time political parties in some form came into existence on the island.
The St Laurentine Laurelites (conservatives, the eventual name for the Charlots) attacked the Inn in their village where Rose men (the progressive descendants of the Magots) were holding a meeting.
In 1883, John Stuart Blackie recounted an Englishman's comment that only one thing was needed to make Jersey perfect, and that was "a full participation in the benefits of English law".
Many English who had moved to the island discovered an alien environment, with unfamiliar laws (in a foreign language they could not understand) and no recourse to access the local power to counter them.
In 1846, he persuaded the MP for Bath to push for a Parliamentary Committee to enquire into the law of Jersey, however HM Government instead promised a Royal Commission.
The Commission advised the abolition of the Royal Court run by the Jurats and the replacement of it with three Crown-appointed judges and the introduction of a paid police force.
It is now normal practice for the UK to consult the Jersey government and seek their consent before entering into treaty obligations affecting the island.
[25] In relation to the Council of Europe, Jersey – as a territory the United Kingdom is responsible for in international law – has been bound by the European Convention on Human Rights since the UK acceded to the treaty in 1951.
[30] He is a point of contact between Jersey ministers and the United Kingdom government and carries out executive functions in relation to immigration control, deportation, naturalisation and the issue of passports.
In practice, the process of appointment involves a panel in Jersey which selects a preferred candidate whose name is communicated to the UK Ministry of Justice for approval before a formal recommendation is made to the King.
It has been some time since parties contested elections at this level, other than for the position of Connétable, who uniquely has a role in both the national assembly and in local government.
[34] According to constitutional convention United Kingdom legislation may be extended to Jersey by Order in Council at the request of the Island's government.
[34] A report of a review committee chaired by Sir Cecil Clothier criticised this system of government, finding it incapable of developing high-level strategy, efficient policy coordination or effective political leadership.
The Tax Justice Network states that the Jersey Way allows for the island's political system to be abused by financial services sector companies.
[38] The Tax Justice Network criticises the political system for its absence of judicial independence (due to 'close relations between the legal and financial services' and 'the intimate relations between legal professionals who grew up together'); lack of second chamber in its parliament (for scrutiny purposes); no political parties; no formalised government and opposition and the lack of a wide range of independent news sources, or research capabilities.
In 1846, he persuaded the MP for Bath to push for a Parliamentary Committee to enquire into the law of Jersey; however HM Government instead promised a Royal Commission.
The Commission advised the abolition of the Royal Court run by the Jurats and its replacement by three Crown-appointed judges, and the introduction of a paid police force.
Each parish is further divided into vingtaines (or, in St. Ouen, cueillettes), divisions which are historic and nowadays mostly used for purposes of electoral constituency[clarification needed][i.e. used as wards?]
[41][42][43] The Policy and Resources Committee of the States of Jersey established the Constitutional Review Group in July 2005, chaired by Sir Philip Bailhache, with terms of reference 'to conduct a review and evaluation of the potential advantages and disadvantages for Jersey in seeking independence from the United Kingdom or other incremental change in the constitutional relationship, while retaining the Queen as Head of State'.
[44] The former Bailiff, Sir Philip Bailhache has called for changes to the Channel Islands' relationship with the United Kingdom government, arguing that 'at the very least, we should be ready for independence if we are placed in a position where that course was the only sensible option'.
On the basis of the established principles the Council of Ministers decided to "ensure that Jersey is prepared for external change that may affect the Island's formal relationship with the United Kingdom and/or European Union".