McGonnell and the Bailiffs of Jersey and Guernsey: 11 Years on

7 Pages Posted: 16 Mar 2012

See all articles by Andrew Le Sueur

Andrew Le Sueur

University of Essex - School of Law

Date Written: March 15, 2012

Abstract

In 2000, the European Court of Human Rights found a breach of article 6 ECHR when the bailiff of Guernsey interpreted legislation in court, having some years previously been the presiding officer of the legislature when the legislation was passed. This paper explores the impact of the ruling in the Channel Islands of Guernsey and Jersey and finds that in both islands the bailiffs continue to sit as judges and as presiding officers of the legislatures. In Sark and the United Kingdom, however, the McGonnell ruling has been a factor in prompting constitutional reform.

Suggested Citation

Le Sueur, Andrew, McGonnell and the Bailiffs of Jersey and Guernsey: 11 Years on (March 15, 2012). Queen Mary School of Law Legal Studies Research Paper No. 107/2012. Available at SSRN: https://ssrn.com/abstract=2023151 or http://dx.doi.org/10.2139/ssrn.2023151

Andrew Le Sueur (Contact Author)

University of Essex - School of Law ( email )

Colchester, Essex CO43SQ
United Kingdom

HOME PAGE: http://andrewlesueur.org

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