McGonnell and the Bailiffs of Jersey and Guernsey: 11 Years on
7 Pages Posted: 16 Mar 2012
Date Written: March 15, 2012
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.
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