Saturday 2 March 2013

Judgements relating to the Channel Islands Constitutions

This is an index post with links to key sources. The following are a selection of key judgements which would might be used in any future Court challenge to the outcome of electoral reform in Jersey.

Barclay Brothers
High Court Judgement on Sark
Judgement of Court of Appeal on Sark
Supreme Court Judgement on Sark

Role of the Bailiff (Guernsey)
McGonnell v United Kingdom

Some of the specific issues with the conduct of elections in Jersey
Free and Fair Elections in Jersey
Natural Justice

As part of the action to the European Court on Human Rights over the Employment Law, the case could deal with the very basis of how the law was established; if a law is established by a legislature which is not formed in a manner which is compliant with Article 3 of Protocol 1 (the Right to free and fair elections) is the law legitimate?

3 comments:

  1. Thanks for compiling this Darius. Very important reading in the context of reform in Jersey.

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  2. Why is nobody concerned for the voting rights of the 20,000 people with Jersey Housing quals who do not live in Jersey?
    Surely many of these should have the right to vote by post - other nationalities vote in their elections whilst living abroad - why not Jersey's housing qualified people?
    These voters could have a significant impact on the result of a referendum or an election for States Mambers and they can claim an interest especially since many are born here...add them to your scales of justice Darius.
    Mike Dun writes

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    Replies
    1. That is a very good point Mike and one I had not considered. In the recent Australian referendum on the continuance of the Australian Monarchy, the City with the most registered voters was London.

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