Jurats as Adjudicators in the Channel Islands and the Importance of Lay Participation

Abstract

Many legal systems place great importance upon lay persons adjudicating in courts and tribunals but how those persons are chosen, the precise role that they perform and the qualities that they are supposed to bring to the legal process are issues that often excite lively debate. This paper is about the Channel Islands, which enjoy as part of their legal systems adjudicators known as Jurés-Justiciers or ‘Jurats’ who normally have no legal qualifications or training before being able to take up such posts. Historically, the Jurats have played an essential part in the Channel Islands being able to maintain their curious constitutional position in the British Isles by their knowledge and application of the customary laws prevailing in each island and their jealous protection of such customs from outside interference. Nevertheless, in the twenty-first century, when legal principle from one jurisdiction can more readily influence the development of law in another related system and public expectations are no less demanding than elsewhere in the British Isles, it is important to reassess the role of the Jurats. In so doing, it will be readily appreciated that the Jurat system, albeit in need of some reform, is no mere curiosity of the past but something of which Channel Islanders can be justifiably proud.