Thursday, 26 March 2026

A Short History of Guernsey: The Constitution of Guernsey







A Short History of Guernsey: The Constitution of Guernsey

From the Channel Islands Directory, 1981. I have kept in the adverts on the pages as they are rather fun, and also added a codicil bringing the position up to date.

The Constitution of Guernsey

In Roman times a rough and ready form of Government prob-ably existed in Guernsey in the form of the Gallic tribal moot; island chieftains were probably subject to discipline by the Roman consular or pretorian legate in Constantia (the modern town of Coutanches).

In the Dark Ages and until long after the Norman colonisation of Northern France, small communities of inhabitants on the island probably had no allegiance to anyone, and were ruled over by a head man.

In pre-Norman Conquest times the Channel Islands together formed one of the seven great bailiwicks of Normandy, and each island was controlled by a warden or custodian representing the Duke or his fief-holders. Local government, such as it was, took place at small feudal courts.

At a date unknown, but between 1066 and 1216, a King's Court was established in Guernsey; a Charter of the reign of King John (circa 1213) confirms the existence of a Royal Court and Twelve Jurats in the island of Guernsey. The original Charter is lost but a 13th century copy of it exists in the records of the Tower of London. The King was represented from 1204 to 1470 by a "Warden of the Isles" responsible for both Jersey and Guernsey, but later a Captain or Governor was appointed to each island, and from those times stems the present day office of Lieut-Governor.

It was the duty of the Lieut-Governor to look after 'military affairs and all matters appertaining to the Crown', and it was the function of the Royal Court of Jurats to administer the island's civil matters. Towards the end of the 15th century the Royal Court had co-opted the services of the rectors of the ten parishes of the island together with other men called Constables drawn from the `douzaines' or parish councils, and this enlarged body thus constituted became "the states", 'les etats' (the estates) exactly on a pattern with the system operating in France before the Revolution. The three "estates" comprised 'the nobility, the clergy and the third estate.


 












The body making the laws also judged the laws; there has never entirely been a 'separation of powers' of the legislative, the executive and the judiciary under the Guernsey constitution.

In the 18th century conflict arose between the 'old guard', the members of the Royal Court, and the clergy and constables. The latter contended that the Jurats had no right to participate in the making of laws and in the government. But this opposition died down and the constables had to content themselves with the voting of money only.

Reform came at the end of the 18th century when St. Peter Port parish was given larger representation in the States.

More reforms came in 1846 resulting from recommendations of a Select Committee of the Privy Council. The Parish Constables in the States were replaced by chosen 'delegates' and six extra seats were awarded to St. Peter Port parish because that parish contributed more than two-thirds of the island's revenue.

In 1899 a further Reform Law was passed adding eighteen People's Deputies to the States, serving for a period of three years and elected by limited franchise. After the First World War the franchise was widened so that non-ratepayers as well as ratepayers had the right to vote. Women over the age of thirty also qualified to vote.

Two years after the Second World War came more agitation for reform. A Royal Commission set up to examine the constitution of Guernsey, made recommendations for drastic change. Jurats and Rectors were banished from the States. 

The office of "Conseiller" was set up; 12 wise men, indirectly elected, forming a sort of Upper House. The number of People's Deputies was increased to 33 elected on the basis of universal adult suffrage. Thus under the Reform Law of 1948 the directly elected representatives now having a majority in the States of Deliberation and Guernsey is slowly coming into line with other democratically governed countries.

Her Majesty's representative in the island, His Excellency the Lieut-Governor, has a seat in the States; he may speak but he has no vote. 'The two Crown Law Officers, Her Majesty's Procureur and HM Comptroller, speak on matters of law but do not vote. Two representatives of the island of Alderney speak and vote only on matters relating to their own island. Sark and Herm have no representatives in Guernsey's legislative assembly.









My Update to Modern Times

While the Reform (Guernsey) Law 1948 remains the "basic constitution," several "drastic changes" have evolved since the 1981 description. As of March 2026, the States of Deliberation operates with the following structure:

1. Composition of the States

The 1948 concept of "Conseillers" (the 12 indirectly elected "wise men") was abolished in 2000 to move toward a more direct democracy.

People's Deputies: The number has increased from the 33 mentioned to 38 Deputies. Since 2020, they are no longer elected by parish districts but via a fully island-wide electoral system.

Alderney Representatives: There are still two representatives from the States of Alderney. Crucially, they now have the right to speak and vote on all matters (both Bailiwick-wide and Guernsey-only), not just those relating to their own island.

Bailiff: Continues to serve as the President of the States and the island’s chief justice.

2. Governance and Executive Power

Guernsey has moved away from a purely committee-based system toward a more centralized executive: Policy & Resources Committee. Established in 2016, this is the senior committee of the government, responsible for coordinating policy, external affairs, and the Government Work Plan.
Parish Representation: The Douzaine representatives (one from each of the 10 parishes) previously had seats in the States of Deliberation but lost their seats and voting rights following further reforms in 2004 to ensure all voting members were directly elected.




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