The Bailiwick of Guernsey (french: Bailliage de Guernesey;
Guernésiais: ''Bailliage dé Guernési'') is an
island country off the coast of
France
France (), officially the French Republic ( ), is a country primarily located in Western Europe. It also comprises of Overseas France, overseas regions and territories in the Americas and the Atlantic Ocean, Atlantic, Pacific Ocean, Pac ...
as one of the three
Crown Dependencies.
Separated from the
Duchy of Normandy by and under the terms of the
Treaty (or Peace) of Le Goulet in 1204, the Bailiwick comprises a number of islands in the
English Channel
The English Channel, "The Sleeve"; nrf, la Maunche, "The Sleeve" ( Cotentinais) or ( Jèrriais), ( Guernésiais), "The Channel"; br, Mor Breizh, "Sea of Brittany"; cy, Môr Udd, "Lord's Sea"; kw, Mor Bretannek, "British Sea"; nl, Het Ka ...
which fall into three separate sub-jurisdictions:
Guernsey,
Alderney and
Sark.
Herm is administered as a part of Guernsey.
A
bailiwick is a territory administered by a bailiff. The
bailiff of Guernsey is the civil head and presiding officer of the
States of Guernsey, but not of Alderney or Sark. He is the head of the
judiciary
The judiciary (also known as the judicial system, judicature, judicial branch, judiciative branch, and court or judiciary system) is the system of courts that adjudicates legal disputes/disagreements and interprets, defends, and applies the law ...
of the Bailiwick.
History
The history of the Bailiwick of Guernsey goes back to 933, when the islands came under the control of
William Longsword, having been annexed from the
Duchy of Brittany
The Duchy of Brittany ( br, Dugelezh Breizh, ; french: Duché de Bretagne) was a medieval feudal state that existed between approximately 939 and 1547. Its territory covered the northwestern peninsula of Europe, bordered by the Atlantic Ocean ...
by the
Duchy of Normandy. The island of Guernsey and the other
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
formed part of the lands of
William the Conqueror
William I; ang, WillelmI (Bates ''William the Conqueror'' p. 33– 9 September 1087), usually known as William the Conqueror and sometimes William the Bastard, was the first Norman king of England, reigning from 1066 until his death in 10 ...
. In 1204 France conquered mainland Normandy – but not the offshore islands of the
bailiwick. The islands represent the last remnants of the medieval Duchy of Normandy.
[Marr, J., ''The History of Guernsey – the Bailiwick's story'', Guernsey Press (2001).]
Initially there was one governor, or co-governors working together, of the islands making up the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
. The title "governor" has changed over the centuries. "Warden", "keeper" and "captain" have previously been used. The bailiff stands in for the Governor, or more recently the Lieutenant Governor, if the latter is absent, for a short term or for longer, for instance during the five years of the
German occupation of the Channel Islands. The
Lieutenant Governor of Guernsey is the Lieutenant Governor of the Bailiwick of Guernsey and, being the personal representative of the British monarch,
has usually had a distinguished military service.
Originally the local courts in Guernsey were "''
fief
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
s''" with the lord of the manor presiding. Before 1066, a superior court was introduced above the ''fiefs'' and below the ''Eschequier'' Court in
Rouen and comprised the bailiff and four knights; the court heard appeals and tried criminal cases.
Otton de Grandson
Otto de Grandson (c. 1238–1328), sometimes numbered Otto I to distinguish him from later members of his family with the same name, was the most prominent of the Savoyard knights in the service of King Edward I of England, to whom he was the cl ...
, then the governor of the Islands, delegated the civil powers to two separate bailiffs for Guernsey and
Jersey
Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the ...
before he went on crusade to the
Holy Land in 1290.
This can be assessed as the date of first creation of the two bailiwicks.
Geography
Situated around , Alderney, Guernsey, Herm, Sark, and some other smaller islands together have a total area of and coastlines of about . Elevation varies from sea level to at
Le Moulin on Sark.
There are many smaller
islands, islets, rocks and reefs in the Bailiwick. Combined with a tidal range of 10 m and fast currents of up to 12 knots, this makes sailing in local waters dangerous.
Constitutional status
The Bailiwick of Guernsey is a separate jurisdiction in itself, and is in turn also three separate sub-jurisdictions. It does not form part of, and is separate from (but is not independent of, or from) the
United Kingdom
The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the continental mainland. It comprises England, Scotland, Wales and ...
.
The two Bailiwicks of Jersey and Guernsey together make up the
Channel Islands
The Channel Islands ( nrf, Îles d'la Manche; french: îles Anglo-Normandes or ''îles de la Manche'') are an archipelago in the English Channel, off the French coast of Normandy. They include two Crown Dependencies: the Bailiwick of Jersey, ...
.
The Islanders have never had formal representation in the House of Commons of the British Parliament,
[ nor in the European Parliament.][ Those Islanders who were not somehow qualified and eligible ''in their own right'' to register to vote and to vote in the United Kingdom under the Representation of the People Acts as ''overseas voters'', were excluded from the 2016 United Kingdom European Union membership referendum.
Guernsey has an unwritten constitution arising from the ]Treaty of Paris (1259)
The Treaty of Paris (also known as the Treaty of Albeville) was a treaty between Louis IX of France and Henry III of England, agreed to on 4 December 1259, ending 100 years of conflicts between the Capetian and Plantagenet dynasties.
History ...
. When Henry III and the King of France came to terms over the Duchy of Normandy, the Norman mainland fell under the suzerainty
Suzerainty () is the rights and obligations of a person, state or other polity who controls the foreign policy and relations of a tributary state, while allowing the tributary state to have internal autonomy. While the subordinate party is ca ...
of the King of France. The Channel Islands however remained loyal to the British crown due to the loyalties of its Seigneurs. However, they were never absorbed into the Kingdom of England
The Kingdom of England (, ) was a sovereign state on the island of Great Britain from 12 July 927, when it emerged from various Anglo-Saxon kingdoms, until 1 May 1707, when it united with Scotland to form the Kingdom of Great Britain.
On ...
by any Act of Union and exist as "peculiars of the Crown".
A unique constitutional position has arisen as successive British monarchs have confirmed the liberties and privileges of the Bailiwick, often referring to the so-called ''Constitutions of King John'', a legendary document supposed to have been granted by King John in the aftermath of 1204. Governments of the Bailiwick have generally tried to avoid testing the limits of the unwritten constitution by avoiding conflict with British governments.
This peculiar political position has often been to the benefit of islanders. Until the 19th century, the Bailiwick was generally able to be exempt from the harsher parts of Westminster legislation, while being included in favourable policies, such as protectionist economic policies. England, and later the United Kingdom, passively exploited the strategic benefits of the Channel Islands. For example, they were able to serve as a convenient stop-off point for trade to Gascony.
Parishes
The bailiwick comprises twelve parishes: Alderney, Sark and ten on mainland Guernsey (one of which includes Herm). Each parish has a parish church from the 11th century, with strong religious control exercised initially from the French Catholic church and for the last 500 years from the English church. Over the years the religious aspect of the administration of each parish has been reduced in favour of democratically elected douzeniers.
Jurisdictions
Each jurisdiction has inhabited and uninhabited islands and its own elected government. All three legal jurisdictions need royal assent
Royal assent is the method by which a monarch formally approves an act of the legislature, either directly or through an official acting on the monarch's behalf. In some jurisdictions, royal assent is equivalent to promulgation, while in oth ...
from the Monarch
A monarch is a head of stateWebster's II New College DictionarMonarch Houghton Mifflin. Boston. 2001. p. 707. Life tenure, for life or until abdication, and therefore the head of state of a monarchy. A monarch may exercise the highest authority ...
on its primary legislation. Each jurisdiction raises its own taxation,[ although in 1949 Alderney transferred its rights to Guernsey.
]
Alderney
With a population of around 1,900 in , Alderney has its own parliament, the States of Alderney, which has ten elected members and an elected president.[
From 1612 Alderney had a judge appointed, with similar judicial powers to a bailiff; but on 1 January 1949 the island adopted a new constitution, giving up some independence, moving closer to Guernsey and confirming that it is part of the Bailiwick of Guernsey.
]
Guernsey
The island of Guernsey has a population of around 63,000 in and forms the legal and administrative centre of the Bailiwick of Guernsey. The parliament of Guernsey and of the nearby inhabited islands of Herm, Jethou and Lihou[ is the States of Guernsey.]
Sark
Sark has a population of around 600 who live in . Its parliament (together with the inhabited island of Brecqhou)[ is the Chief Pleas of Sark, with 18 elected members.][
In 1565, ]Helier de Carteret
Hellier de Carteret (fl. 1563 – 1578) was the first Seigneur of Sark, reigning from 1563 to 1578. He was the son of Édouard de Carteret, Seigneur of Saint Ouen (d. 1533), and grandson of Philip de Carteret, 8th Seigneur of St Ouen.
It was H ...
, Seigneur of St. Ouen in Jersey
Jersey ( , ; nrf, Jèrri, label= Jèrriais ), officially the Bailiwick of Jersey (french: Bailliage de Jersey, links=no; Jèrriais: ), is an island country and self-governing Crown Dependency near the coast of north-west France. It is the ...
, was granted the fief
A fief (; la, feudum) was a central element in medieval contracts based on feudal law. It consisted of a form of property holding or other rights granted by an overlord to a vassal, who held it in fealty or "in fee" in return for a form ...
of Sark by Queen Elizabeth I
Elizabeth I (7 September 153324 March 1603) was Queen of England and Ireland from 17 November 1558 until her death in 1603. Elizabeth was the last of the five House of Tudor monarchs and is sometimes referred to as the "Virgin Queen".
Eli ...
. He received letters patent granting him Sark in perpetuity, on condition that he kept the island free of pirates and that the island was occupied by at least forty men to defend it. Despite most families coming from Jersey, Sark remained within the Bailiwick of Guernsey.
Recognition
There is no flag or coat of arms for the Bailiwick of Guernsey. In historic times, the governor would have used his personal symbols before a generic flag for use by the governor was created.
In 1279 Edward I granted a Seal for use in the Channel Islands. In 1304 separate seals were provided to Jersey and Guernsey. The provision of separate seals is one of the earliest indications of the separate identity and personality of the two Bailiwicks. The seal comprised three leopards (or lions), a symbol taken from the original arms of the Duchy of Normandy.
The United Kingdom and His Majesty's Government in the United Kingdom are responsible for the defence and also for ''formal'' international, intergovernmental and consular representation of, and the foreign affairs generally, of the Bailiwick.[
While never a member of the European Union or its predecessors, before ]Brexit
Brexit (; a portmanteau of "British exit") was the Withdrawal from the European Union, withdrawal of the United Kingdom (UK) from the European Union (EU) at 23:00 Greenwich Mean Time, GMT on 31 January 2020 (00:00 1 February 2020 Central Eur ...
the Bailiwick had a special relationship with the EU, under Protocol 3 of the UK's Treaty of Accession 1972
The Treaty of Accession 1972 was the international agreement which provided for the accession of Denmark, Ireland, Norway and the United Kingdom to the European Communities. Norway did not ratify the treaty after it was rejected in a referendu ...
to the European Community.[ Pooling resources with Jersey, the Bailiwick established in 2010 an office in ]Brussels
Brussels (french: Bruxelles or ; nl, Brussel ), officially the Brussels-Capital Region (All text and all but one graphic show the English name as Brussels-Capital Region.) (french: link=no, Région de Bruxelles-Capitale; nl, link=no, Bruss ...
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.
The Bailiwick of Guernsey is in the Commonwealth (Commonwealth of Nations), although not as a ''member'', ''in its own right''. The Bailiwick is also a member of the Commonwealth Games Federation, and competes in the Commonwealth Games
The Commonwealth Games, often referred to as the Friendly Games or simply the Comm Games, are a quadrennial international multi-sport event among athletes from the Commonwealth of Nations. The event was first held in 1930, and, with the ex ...
.
In 1969 Royal Mail relinquished control of postal services in the Bailiwick,[''Stanley Gibbons Stamp Catalogue: Commonwealth and British Empire Stamps 1840–1970''. 112th edition. London: Stanley Gibbons, 2010, p. GB31. ] with Guernsey then being recognised by the Universal Postal Union
The Universal Postal Union (UPU, french: link=no, Union postale universelle), established by the Treaty of Bern of 1874, is a specialized agency of the United Nations (UN) that coordinates postal policies among member nations, in addition to ...
.
Since 1999 the Bailiwick of Guernsey has been a member of the British–Irish Council
The British–Irish Council (BIC) ( ga, Comhairle na Breataine-na hÉireann) is an intergovernmental organisation that aims to improve collaboration between its members in a number of areas including transport, the environment, and energy. Its ...
, currently represented by the Chief Minister of Guernsey
The Chief Minister of Guernsey chaired the Policy Council, which consists of the heads of each of the ten departments of the States of Guernsey. Guernsey operates a system of consensus, committees-based government. The Policy Council is explic ...
.
References
{{Authority control
Island countries
Crown Dependencies
States and territories established in 1204
Northwestern European countries