‘Deputies will decide on Bailiff’
Thursday 4th December 2008, 2:29PM GMT.
Guernsey’s Bailiff, Geoffrey Rowland. The role has been challenged by a Court of Appeal ruling.
THE future of the Bailiff as the presiding officer of the States is firmly in the hands of deputies, according to a legal expert.
There are concerns about the perception of a conflict within the position’s judicial role, although it is not believed to be a human rights issue as it is with the Seneschal in Sark.
Following a European Court of Human Rights ruling in 2000, the political role of the Bailiff has diminished significantly and the practice has also changed so that he or the Deputy Bailiff will not sit on a matter when they had been presiding in the States when the law had been passed.
‘The question is whether that practice is sufficient or not in the context of a small jurisdiction bearing in mind if you create a new office, it will create more expense,’ said constitutional expert Advocate St John Robilliard.
‘I’m not aware of any challenges to the Bailiff or indeed Deputy Bailiff or discontent among my colleagues since the change in position. Ultimately it’s for the States to decide who the presiding officer is to be.’
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Deputies will decide on the Bailiffs future role as the presiding officer! How convenient i’m sure. They had better come up with a conclusion that we all are happy with cos if not our constitution will be challenged by the Barclays. Good.
I would question our politicians wealth just so that we can start to be open and transparent!
It is high time people stood up for a better future for all! This Island has had things their own petty ways for far too long. Now we will start to see changes for the greater good. I very much doubt it will come quick enough though!
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The Guernsey Press of 19th November 2002 reported that the ECHR had ruled that the Jurat system and the use the electoral college system to elect them, gave a number of guarantees of structural independence and impartiality. The Jersey system of Jurats was not incompatible with Article 6.
One would expect the same sort of reasoning to be followed if the role of the Bailiff in Guernsey were to be challenged.
As Advocate St John Robilliard says it is what happens within the Guernsey context that is important.
As the article suggests any comparison between Sark and Guernsey is likely to fail.
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