Guernsey
Legal System
Guernsey’s legal system is founded upon the principles of Norman French and English common law. The responsibility for administering justice is shared by the Magistrates Court and the Royal Court.
As Guernsey has been part of the Duchy of Normandy since 933AD and a possession of the English Crown since 1066, it should not come as a surprise that the local laws are based on the customary (or Coutume) law of Normandy and customary law continued to develop after the Napoleonic era, at which time France did away with them. Even now, property and inheritance laws still reflect their Norman origins
As the 19th century ended, Guernsey began to borrow more and more from the English legal system. In fact, the 1908 Companies law was modeled on the English one and has followed its development since.
More recently, a great deal legislation, as in the case of anti-money laundering legislation, has been passed on the basis of international principles.
Generally speaking common law, as opposed to civil or socialist law, is a type of legal system where legislation is continually evolving. Courts refine and create laws on a case-by-case basis. When resolving a legal dispute, in the ideal world, a common law court looks to precedents set by other courts. What this means is that when a court is resolving a dispute, it must look to see if a similar dispute was resolved in the past. If one has, then the present day court is obligated to following the same reasoning used in the prior case; this principle is called stare decisis. On the other hand, if the dispute is totally unique, the court may resolve the matter itself using general guidelines. This new decision then becomes the precedent to which all future cases are bound. Over the years, the precedents created by past decisions coalesce into a complicated set of rules that apply to a wide array of case; this collection of rules is known as “common law”. Of course, common law systems are much more complex in practice, nevertheless the principle of stare decisis as described above, is the foundation of all common law systems.
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Latest news
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Columbiana voters can choose - Youngstown Vindicator
Google News - Guernsey, 17-February-2008
[full story]
Columbiana voters can choose
Youngstown Vindicator, OH - 17 hours ago
Smith was arrested by the Ohio State Highway Patrol last October in Guernsey County. The patrol said a urine test showed Smith had an alcohol content ... -
College Financial Aid Help - WMBB-TV
Google News - Panama, 17-February-2008
[full story]
College Financial Aid Help
WMBB-TV, FL - 19 hours ago
By Tuquyen Mach Panama City, FL -- The cost of a college education keeps going up, so the folks at Gulf Coast Community College are seeking to help students ... -
Debts today cloud pensions tomorrow - Times Online
Google News - Guernsey, 16-February-2008
[full story]
Debts today cloud pensions tomorrow
Times Online, UK - 1 hour ago
Minimum investment in the fund, which is based in Guernsey, is £50000. If that is too much for you, it is well worth considering for an investment club. ...