Editing Politics of Jersey (section)

==Constitution==

{{Main|Constitution of Jersey}}

Jersey has an [[unwritten constitution]] arising from the [[Treaty of Paris (1259)]]. This peculiar political position has often benefited the islanders. Until the 19th century, the island was generally exempt from the harsher parts of Westminster legislation, while being included in favourable policies, such as [[Protectionism|protectionist]] economic policies. Over time, there have been calls for reforms to Jersey's constitution, such as the [[Constitution of Jersey#Clothier report|2000 Clothier report]].

Jersey has never been part of the [[United Kingdom]] nor its predecessors; however it has been a dependency of the monarch of each of these states{{clarify|date=February 2024}} at their time of existence.{{clarify|date=February 2024}} The government in Westminster has played an important role in Jersey's lawmaking and political landscape. Since the island is linked with the monarch,<ref name=":22"/> not with the UK Parliament, the competency of Parliament to legislate for the island without the States' consent is disputed. The Crown retains residual responsibility for the "good government" of the island, and the UK Government has a "non-interventionist policy" for supervising the Bailiwick.<ref name="crown-dependencies2">{{Cite book|author=House of Commons Justice Committee|url=https://publications.parliament.uk/pa/cm200910/cmselect/cmjust/56/56i.pdf|title=Crown Dependencies|date=23 March 2010|publisher=The Stationery Office|isbn=978-0-215-55334-8|volume=8th Report of Session 2009–10|location=London, United Kingdom|pages=52|language=en|author-link=Justice Select Committee|access-date=8 September 2017|archive-url=https://web.archive.org/web/20170725011834/https://publications.parliament.uk/pa/cm200910/cmselect/cmjust/56/56i.pdf|archive-date=25 July 2017|url-status=dead}}</ref>

=== International relations ===

{{main|External relations of Jersey}}

The 1973 [[Kilbrandon Report]] stated that "In international law the United Kingdom Government is responsible for the Islands' international relations" and "also responsible for the defence of the Islands".<ref>{{Cite book
  | author = Royal Commission on the Constitution
  | author-link = Royal Commission on the Constitution (United Kingdom)
  | title = Report of the Royal Commission on the Constitution 1963–1973
  | publisher = HMSO
  | series = Cmnd 5460
  | year = 1973
  | language = en
  | location = London, United Kingdom
  }}</ref>

The United Kingdom is responsible for Jersey's international relations as an aspect of the island's status as a [[Crown dependency]]. It is now normal practice for the UK to consult the [[Council of Ministers of Jersey|Jersey government]] and seek their consent before entering into [[treaty]] obligations affecting the island.

Since 2000, Jersey's "external personality" has developed, as recognised in the preamble to the States of Jersey Law 2005 which refers to "an increasing need for Jersey to participate in matters of international affairs".<ref name="archive.org">{{cite web|url=https://www.jerseylaw.je/laws/enacted/Pages/L-08-2005.aspx|title=States of Jersey Law 2005|website=[[Jersey Legal Information Board]]|access-date=21 April 2019|archive-date=14 August 2021|archive-url=https://web.archive.org/web/20210814103147/https://www.jerseylaw.je/laws/enacted/Pages/L-08-2005.aspx|url-status=live}}</ref> In 2007, the [[Chief Minister of Jersey]] and the UK government agreed an "International Identity Framework", setting out the modern relationship between the United Kingdom and Jersey. The United Kingdom now issues "Letters of Entrustment" to the Jersey government, which delegate power to Jersey to negotiate international agreements on its own behalf and sign treaties in Jersey's own name rather than through the [[United Kingdom]]. This development was "strongly supported" by the [[House of Commons Justice Committee]] in its March 2010 report on the [[Crown Dependencies]].<ref name='crown-dependencies'/>{{rp|para 93}} In January 2011 Senator [[Freddie Cohen]] was appointed as Assistant Chief Minister with responsibility for UK and International Relations (in effect, Jersey's first Foreign Minister).<ref>{{cite news |url=https://www.bbc.co.uk/news/world-europe-jersey-12193265 |title=BBC News – Senator Freddie Cohen gets external relations role |last=BBC |work=bbc.co.uk |access-date=20 October 2011 |date=14 January 2011 |archive-date=2 October 2018 |archive-url=https://web.archive.org/web/20181002100746/https://www.bbc.co.uk/news/world-europe-jersey-12193265 |url-status=live }}</ref> 
 
Jersey was neither a Member State nor an [[European Union Association Agreement|Associate Member]] of [[European Union]]. It did, however, have a relationship with the [[European Union|EU]] governed by Protocol 3 to the UK's Treaty of Accession in 1972.<ref>[[Treaty on the Functioning of the European Union]], Article 355(5)(c) states "the Treaties shall apply to the Channel Islands and the Isle of Man only to the extent necessary to ensure the implementation of the arrangements for those islands set out in the Treaty concerning the accession of new Member States to the European Economic Community and to the European Atomic Energy Community signed on 22 January 1972".</ref>

In relation to the [[Council of Europe]], Jersey – as a territory the [[United Kingdom]] is responsible for in [[Public international law|international law]] – has been bound by the [[European Convention on Human Rights]] since the [[United Kingdom|UK]] acceded to the treaty in [[Human Rights Act 1998#Background|1951]]. The Human Rights (Jersey) Law 2000 makes [[European Convention on Human Rights|Convention rights]] part of [[Law of Jersey|Jersey law]] and is based closely on the United Kingdom's [[Human Rights Act 1998]].

During the 1980s, the question was raised of Jersey making an annual contribution towards the United Kingdom's costs of defence and international representation undertaken on behalf of Jersey. In 1987, the States of Jersey made an interim payment of £8 million while the matter was discussed. The outcome of debates within the island was that the contribution should take the form of maintaining a [[Territorial Army (United Kingdom)|Territorial Army]] unit in Jersey. The Jersey Field Squadron (Militia), attached to the [[Royal Monmouthshire Royal Engineers]] (Militia), deploys individuals on operations in support of British Forces.<ref>{{cite hansard | title= Territorial Army | url= https://publications.parliament.uk/pa/ld200809/ldhansrd/text/90707w0005.htm | house= House of Lords | date= 7 July 2009 | column= WA148 }} {{Webarchive|url=https://web.archive.org/web/20161026055056/http://www.publications.parliament.uk/pa/ld200809/ldhansrd/text/90707w0005.htm |date=26 October 2016 }} </ref>