Editing Channel Islands (section)

== Governance ==
{{Main|Crown Dependencies|Politics of Jersey|Politics of Guernsey|Politics of Alderney}}
The Channel Islands fall into two separate [[federacy|self-governing]] [[bailiwick]]s, the [[Bailiwick of Guernsey]] and the [[Jersey|Bailiwick of Jersey]]. Each of these is a [[British Empire|British]] [[Crown Dependencies|Crown Dependency]], and neither is a part of the United Kingdom. They have been parts of the [[Duchy of Normandy]] since the 10th century, and [[Elizabeth II|Queen Elizabeth II]] was often referred to by her traditional and conventional title of [[Duke of Normandy]]. However, pursuant to the [[Treaty of Paris (1259)]], she governed in her right as The Queen (the "Crown in right of Jersey",<ref>{{cite web |url=http://www5.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20Attorney%20General%20Transcript%2020100702%20WM.pdf |title=Public Hearing: Review of the Roles of the Crown Officers |publisher=States of Jersey |date=2 July 2010 |access-date=27 November 2010 |url-status=dead |archive-url=https://web.archive.org/web/20110812153038/http://www5.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20Attorney%20General%20Transcript%2020100702%20WM.pdf |archive-date=12 August 2011}}</ref> and the "Crown in right of the ''république'' of the Bailiwick of Guernsey"),<ref>{{cite web |url=http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20Guernsey%20LOs%20Submission%2020100330%20HR%20v1.pdf |title=Review of the Roles of the Jersey Crown Officers |publisher=States of Jersey |date=30 March 2010 |access-date=27 November 2010 |archive-date=10 October 2017 |archive-url=https://web.archive.org/web/20171010220559/https://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/R%20Guernsey%20LOs%20Submission%2020100330%20HR%20v1.pdf |url-status=live}}</ref> and not as the Duke. This notwithstanding, it is a matter of local pride for monarchists to treat the situation otherwise: the [[Loyal toast]] at formal dinners was to 'The Queen, our Duke', rather than to 'Her Majesty, The Queen' as in the UK.<ref>{{cite web |url=http://www.thisisjersey.com/community/history-heritage/17329/ |title=This is Jersey: History & Heritage |publisher=thisisjersey.com |access-date=27 November 2010 |archive-date=26 August 2010 |archive-url=https://web.archive.org/web/20100826053157/http://www.thisisjersey.com/community/history-heritage/17329/ |url-status=usurped}}</ref> The Queen died in 2022 and her son [[Charles III]] became the King.

A bailiwick is a territory administered by a bailiff. Although the words derive from a common root ('bail' = 'to give charge of') there is a vast difference between the meanings of the word 'bailiff' in Great Britain and in the Channel Islands; a bailiff in Britain is a court-appointed private debt-collector authorised to collect judgment debts, in the Channel Islands, the [[Bailiff (Channel Islands)|Bailiff]] in each bailiwick is the civil head, presiding officer of the States, and also head of the [[judiciary]], and thus the most important citizen in the bailiwick.

In the early 21st century, the existence of governmental offices such as the bailiffs' with multiple roles straddling the different branches of government came under increased scrutiny for their apparent contravention of the doctrine of separation of powers—most notably in the Guernsey case of ''McGonnell -v- United Kingdom'' (2000) 30 EHRR 289. That case, following final judgement at the European Court of Human Rights, became part of the impetus for much recent constitutional change, particularly the Constitutional Reform Act 2005 (2005 c.4) in the UK, including the separation of the roles of the Lord Chancellor, the abolition of the House of Lords' judicial role, and its replacement by the [[Supreme Court of the United Kingdom|UK Supreme Court]]. The islands' bailiffs, however, still retain their historic roles.

The systems of government in the islands date from [[Normans|Norman]] times, which accounts for the names of the legislatures, the States, derived from the [[Norman language|Norman]] 'États' or '[[Estates of the realm|estates]]' (i.e. the Crown, the Church, and the people). The States have evolved over the centuries into democratic parliaments.
[[File:States Chamber public entrance Jersey.jpg|thumb|Entrance to the public gallery of the States Chamber in Jersey]]

The UK Parliament has power to legislate for the islands, but Acts of Parliament do not extend to the islands automatically. Usually, an Act gives power to extend its application to the islands by an [[Order in Council]], after consultation. For the most part the islands legislate for themselves.<ref>UK Supreme Court, R (on the application of Barclay and another) v. Secretary of State for Justice [2014] UKSC 54 [http://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0155_PressSummary.pdf] {{Webarchive|url=https://web.archive.org/web/20141029045344/http://www.supremecourt.uk/decided-cases/docs/UKSC_2013_0155_PressSummary.pdf|date=29 October 2014}}</ref> Each island has its own primary legislature, known as the [[States of Guernsey]] and the [[States of Jersey]], with Chief Pleas in Sark and the [[States of Alderney]]. The Channel Islands are not represented in the [[UK Parliament]]. Laws passed by the States are given [[royal assent]] by the [[King-in-Council]], to whom the islands' governments are responsible.<ref>{{cite web |url=http://www.dca.gov.uk/constitution/crown/bg-info-crown-dependencies.pdf |archive-url=https://ghostarchive.org/archive/20221009/http://www.dca.gov.uk/constitution/crown/bg-info-crown-dependencies.pdf |archive-date=9 October 2022 |url-status=live |title=Background briefing on the Crown Dependencies: Jersey, Guernsey and the Isle of Man |access-date=4 October 2012}}</ref>

The islands have never been part of the [[European Union]], and thus were not a party to the 2016 [[2016 United Kingdom European Union membership referendum|referendum]] on the [[European Union|EU]] membership, but were part of the Customs Territory of the [[European Community]] by virtue of Protocol Three to the [[Treaty on European Union]]. In September 2010, a Channel Islands Brussels Office was set up jointly by the two Bailiwicks to develop the Channel Islands' influence with the EU, to advise the Channel Islands' governments on European matters, and to promote economic links with the EU.<ref>{{cite web |url=http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/ID%20InternationalInsight%2020101118%20JN.pdf |title=Guernsey and Jersey begin recruiting for senior Brussels positions |access-date=4 October 2012 |archive-date=2 July 2014 |archive-url=https://web.archive.org/web/20140702214329/http://www.gov.je/SiteCollectionDocuments/Government%20and%20administration/ID%20InternationalInsight%2020101118%20JN.pdf |url-status=live}}</ref>

Both bailiwicks are members of the [[British–Irish Council]], and [[Jèrriais]] and [[Guernésiais]] are recognised [[regional language]]s of the islands.

The legal courts are separate; separate courts of appeal have been in place since 1961. Among the legal heritage from Norman law is the [[Clameur de haro]]. The basis of the legal systems of both Bailiwicks is Norman customary law ([[Coutume]]) rather than the English [[Common Law]], although elements of the latter have become established over time.

Islanders are full British citizens, but were not classed as European citizens unless by descent from a UK national. Any British citizen who applies for a passport in Jersey or Guernsey receives a passport bearing the words "[[British Islands]], Bailiwick of Jersey" or "British Islands, Bailiwick of Guernsey". Under the provisions of Protocol Three, Channel Islanders who do not have a close connection with the UK (no parent or grandparent from the UK, and have never been resident in the UK for a five-year period) did not automatically benefit from the EU provisions on free movement within the EU, and their passports received an endorsement to that effect. This affected only a minority of islanders.

Under the UK [[Interpretation Act 1978]], the Channel Islands are deemed to be part of the British Islands,<ref>{{cite web |url=http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1838152 |title="British Islands" means the United Kingdom, the Channel Islands and the Isle of Man. (1889) |publisher=Statutelaw.gov.uk |access-date=4 October 2012 |url-status=dead |archive-url=https://web.archive.org/web/20090507182642/http://www.statutelaw.gov.uk/content.aspx?activeTextDocId=1838152 |archive-date=7 May 2009 }}</ref> not to be confused with the [[British Isles]]. For the purposes of the [[British Nationality Act 1981]], the "British Islands" include the United Kingdom (Great Britain and Northern Ireland), the Channel Islands and the [[Isle of Man]], taken together, unless the context otherwise requires.<ref>{{Cite journal |url=http://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810061_en_8#pt5-l1g57 |title=British Nationality Act 1981 |access-date=14 September 2009 |journal=Legislation, UK, Acts |publisher=[[Office of Public Sector Information]] |quote=the Islands" means the Channel Islands and the Isle of Man; [...] the United Kingdom" means Great Britain, Northern Ireland and the Islands, taken together. |url-status=dead |archive-url=https://web.archive.org/web/20091001142348/https://www.opsi.gov.uk/RevisedStatutes/Acts/ukpga/1981/cukpga_19810061_en_8 |archive-date=1 October 2009 }} [Schedule 1., s. 50 (1)]</ref>