Constitutional Law 2020 - part 1 Flashcards
Which series of law reports cover Jersey cases from 1950-1985?
a series of 11 volumes entitled Jersey Judgements published by the Royal Court from 1950 to 1984.
Who wrote “Principes Généraux du Droit Civil et Coutumier de la Province de Normandie“?
Charles Routier
What were the Styles de Procéder?
Various publications from 1386 -1515 containing the customary law of Normandy prior to the appearance of the Coutume Reformee in 1583.
Give an authority showing the use of the Grand Coutumier in modern Jersey.
Jersey Financial Services Commission v A.P.Black (Jersey) Ltd and others. The court referred to Chapter 51 to assist them in there decision.
Who the last King to grant Jersey a Royal Charter?
James II in 15 April 1687
Who is the executive officer of the Royal Court?
The Viscount is the executive officer of the states and the royal court and he is appointed by the bailiff.
Other than in criminal sentencing, name one other scenario where the Attorney General offers “conclusions” to the Royal Court?
In civil proceedings the Attorney is frequently called upon to protect the interests of charities in general and other public interests which require protection.
St Helier excepted, explain the residential qualifications for a person standing for their first election to honorary Parish service.
customary law required all officers to be residents of the parish in which they held office. This rule continues to apply to parochial officers who are not in the honorary police, notably the procureurs du bien public and to connetables.
To whom may a Minister delegate decision-making?
Assistant Minister or an Officer, a minister may not delegate any power to make an enactment, any power to decide an appeal under an enactment or any function the delegation of which is prohibited.
In what year did Jersey elect to separate from Normandy and remain loyal to the English Crown?
1204
Who is the “surest guide” to Jersey’s law of contract
Pothier
In which decade did Charles Le Gros write the Traité due Droit Coutumier
1943, it is the most modern book on Jersey customary law and it is written in French.
In what decade were Le Geyt’s works printed and by whom
the 19th and 20th centuries and by the states.
Cite authority for Terrien’s importance to Jersey’s customary law
Le Geyt referred to him (along with Berault, Godefroy and Basnage) as the most cited in Jersey as Jersey’s writers on custom and used Terrien’s works on his own commentaries.
La Cloche V La Cloche it was stated that Terrien was the best evidence of the old custom of the Channel Islands
In Barclays (No.2), what did Baroness Hale give as the justification for the United Kingdom parliament needing paramount legislative power over Jersey?
She argued that there was an inconsistency in the approach of the channel islands’ authorities to the Royal Assent. The distinction is not as unprincipled as Lady Hale seems to imply. Denying the royal assent will always be contrary to ordinary democratic principles, which is why it has not happened in the United Kingdom for over 300 years.
