The Jersey Law Review - October 2002

BOOK REVIEW

THE MANAGEMENT OF DEPENDENCY: JERSEY'S SURVIVAL AS A MICROSTATE IN THE MODERN WORLD by LUKE LE RENDU. To be published shortly by J.A.B. Publishing.

The amount of scholarly writing on Jersey Government remains small. A study of the external context in which Jersey operates is even rarer.

The focus of previous writing has traditionally been upon the constitutional relationship and, in a legalistic sense, the development of the Island's institutions. (Bois’ Constitutional History is an apposite example.)

Until Dr. Kelleher's seminal work^[01], little had been written on the social and political dynamics which have influenced the development of those institutions.

Dr. Le Rendu's work (for which he was awarded his PhD by the University of Oxford) moves beyond the traditional, legally oriented approach and tries to make sense of what underpins the way in which Jersey manages its external relationships.

This is a very ambitious study.  In  addition to analysing the internal dynamics of how Jersey government operates it looks at the key players that influence the external relationship - viz, Great Britain, the European Union and,to a lesser extent, France(defined by Dr. Le Rendu as "a neighbour of little consequence".)

Comparisons are also made with the other Crown Dependencies, Guernsey and the Isle of Man.

The relationship is examined within  the context of "managed dependency" - a concept developed by Professor Baldacchino of the University of Malta. Le Rendu argues that Jersey has successfully operated within a dependent relationship. According to Le Rendu, "Jersey offers a model of a successful, non-colonial dependency relationship which is an alternative to independence." (abstract)

This conclusion is reached after exhaustive analysis. First, he looks at the internal institutions and, as noted, has broadened the analysis of how Jersey works beyond traditional parameters. "The differences (between large and small states) are qualitative as well as quantitative. It is the combination of social homogeneity and particularism associated with smallness; the self-conscious feeling of collective identity asserted against the outside world...."

All major institutions are analysed. There is an interesting summary on the Lieutenant Governor's role where Le Rendu concludes that the office is not the vital intermediary between Great Britain and Jersey, as thought. He sees the office as playing an important role, à la Bagehot, as the "dignified facade" of the Constitution. In analysing the role of the Bailiff and Crown Officers, he notes the Crown Officers possess "fused powers predating the concept of the separation of powers".  He raises the issue, based upon the role of the Attorney General in the Prison Board case, of where loyalty would lie in the event of a conflict.

He does trespass into constitutional matters by raising the issue of whether Parliament has ultimate sovereignty over the Island. Essentially, he supports the view of the Kilbrandon Commission that Parliament possesses ultimate sovereignty.

Clearly, these are matters of great import and, in the absence of definitive legal precedent, matters for informed debate.

The analysis of the internal institutions is followed by equally exhaustive analysis of the development of our relationships with Great Britain, the European Union and France. The material on the European Union is probably the first time, since the acceptance of Protocol 3,  that the history of the relationship has been thoroughly documented and analysed.

For reasons like this, Dr. Le Rendu's work will become an indispensable reference work on the nature of Jersey's external relationships. At the same time, students of Government will find much of relevance on internal developments.

People who are looking for certainty will be disappointed. This is, in large part, a study of political relationships and of the ebbs and flows of those relationships. As such, it attempts to deal with all the variables affecting the relationships. It also provides an excellent historical perspective.

It is vital reading for those with responsibility for the relationships, as well as the lay person seeking a better understanding of the situation.

Roy Le Hérissier is a deputy in the States of Jersey and the author of a thesis on the governance of Jersey.