Syvret v Bailhache [1998] JLR 128 (28 April 1998)

Syvret v Bailhache [1998] JLR 128 (28 April 1998)

The States of Jersey have the privilege to regulate their own internal proceedings, including suspension of a member for misconduct, and the court's role is limited to determining whether such a sanction is available, not to reviewing its exercise or the internal processes.

Citation
[1998] JLR 128
Parties
Applicant: Syvret; Respondent: Bailhache
Jurisdiction
Jersey
Judgment Date
28 April 1998
Procedural Posture
Constitutional Law / Judgment
Outcome
States' privilege to regulate internal proceedings affirmed; limited judicial review
Legal Topics
Privilege of Legislative Assembly, Regulation of Internal Proceedings, Suspension of Member for Misconduct
Constitutional Law Privilege of Legislative Assembly Regulation of Internal Proceedings Suspension of Member for Misconduct

Case Brief

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Parties

Syvret

Applicant

Bailhache

Respondent

Procedural Posture

Constitutional Law / Judgment

Legal Issues

  1. 1 Whether the States of Jersey have the privilege to regulate their own internal proceedings, including suspension of a member for misconduct
  2. 2 Whether the court may inquire into the exercise of such privilege

Ratio Decidendi

The States of Jersey have the privilege to regulate their own internal proceedings, including suspension of a member for misconduct, and the court's role is limited to determining whether such a sanction is available, not to reviewing its exercise or the internal processes.

Court Disposition

States' privilege to regulate internal proceedings affirmed; limited judicial review