From the Summit of the Moral High Ground

English "customary" laws (the "Common Law") includes decisions of judges made according to legal "principles" for which there is no written legislation (Natural Law). European states with a Roman law heritage do not have this element as strongly in their law (Positive Law).   In Jersey, they love to pretend that they are special however, 'Norman Law' is fundamentally 'Roman Law'. How exactly English Common Law came to be adopted in Jersey as 'customary law' appears to have arisen following Magna Carta.   Yes all the rights of Magna Carta applied at some stage in Jersey, most have been superseded, some have been repealed in the UK (such as the Right to Trial by Combat) but I have personally experienced that although the Right to Trial by Combat is still extant in Jersey they will simply not allow you to exercise that right.   Natural Law in philosophy is system of right or justice held to be common to all humans and derived from natu...

Philip Ozouf offered a mea culpa for his recent behaviour.  He promised to be a good boy if  the States let him stay on. CTV said he was just 'misunderstood' provoking a reaction in the Chamber. "The high contacting parties undertake to hold free elections at reasonable intervals, under conditions which will ensure the free expression of the opinion of the people in the choice of legislature ." Extract from the European Convention on Human Rights. Freedom of expression of the opinion of the people is inconceivable without  the assistance of a plurality of parties (Yumak & Sadak v Turkey). Clearly the elections gave the public no clear choice in the composition of the legislature, there was no attempt to ask the public who should be in charge of each department, we get what we are given and we have to just lump it. If anyone ever takes a case under Article 3 of Protocol 1 of the Convention to the Court then it is impossible to tell what they will do with our ...

Historical Archive This article is preserved as part of the historical record of this blog. It reflects the author's views at the time of publication. The content has not been substantively altered, although the HTML, accessibility and formatting have been updated to meet modern web standards. On Friday 11 November 2011, I presented my Representation to the Royal Court of Jersey. There will be no fanfare; it is not going to be a landmark day, for it is the start of a long, laborious process which may take months, if not years, to complete. The Representation contends, initially, that the Royal Court cannot convene in a manner compliant with the Human Rights (Jersey) Law 2000 to hear matters relating to the 2011 Jersey Senatorial elections. Article 3 of Protocol 1 to the European Convention on Human Rights guarantees the right to free and fair elections. The Royal Court was asked to consider whether Jersey's elections complied with that standard . I argued th...

Historical Archive This article is preserved as part of the historical record of this blog. It reflects the author's views at the time of publication. The content has not been substantively altered, although the HTML, accessibility and formatting have been updated to meet modern web standards. Does the role of the Jersey Evening Post in Jersey prevent free and fair elections? I have previously examined the legal basis for defining a public authority . The Jersey Evening Post may be considered a functional public authority as a result of the following laws: the Jersey Gazette Act 1960 and the Official Publications (Jersey) Law 1960 . These laws enforce the public declaration of certain information in the Jersey Gazette and define the publication in which these pronouncements must be made as the Jersey Evening Post . In a previous post I looked at the concerns raised about the JEP by Senator Cohen and the effect of the media ...

Historical Archive This article is preserved as part of the historical record of this blog. It reflects the author's views at the time of publication. The content has not been substantively altered, although the HTML, accessibility and formatting have been updated to meet modern web standards. Jurats led by Jurat Le Breton, Liberation Day 2008 Extract from: Jersey Courts – Jurats Italics indicate editorial additions. Jurats are elected to serve in the Royal Court and to decide questions of fact in court cases. They sit next to the judge and not only decide the facts in both civil and criminal trials; they also award damages and fines as well as determine sentences. The work of the Jurats is unpaid (although they receive substantial "expenses" and benefits such as free parking in Vine Street) and they are appointed by the Electoral College, consisting of the Bailiff, Jurats, the Connétables of the twelve parish...