They are not part of the UK (or any other country) and are entirely self-governing. They have the same head of state as the UK but so does e.g. Canada. They are tiny and choose to delegate some government tasks to the UK, but the same could be said of e.g. Liechtenstein and San Marino vis-a-vis Switzerland and Italy.
So what exactly about their status makes it so they are not considered "sovereign" ?
While not part of the United Kingdom of Great Britain and Northern Ireland, they, like all Crown Dependencies and British Overseas Territories, have their foreign policy decided by the UK government.
This is not a unique arrangement; Australia has external territories with a similar status, with Norfolk Islanders in particular adamant that they are not Australians. So do the USA, New Zealand and several other nations.
Because they are Crown Dependencies
So they are not quite sovereign states, existing between countries and sovereigns. The UK is so old and governed by so many competing historical circumstances, my opinion (as an outsider) is you just have to take the way things are as a given and not ask why too much. The wiki articles do discuss how these came to pass (for example Guernsey seems to be from the 1259 Treaty of Paris).
It is sort of like asking why Puerto Rico isn't a state; well, because it is something else.
They are not wholly self-governing.
There seem to be four key aspects of this (in no particular order):
That said, it seems that even constitutional experts aren't entirely sure of the details and limits. The relationships between each dependency and the Crown are not enshrined in any formal constitutional document.
In practice the UK has used informal conversations to influence Island governments to modify legislation prior to submission for Royal Assent.
The islands have unique constitutional statuses with respect to the United Kingdom. They aren't part of the United Kingdom, they aren't former colonies of the UK, they aren't Overseas Territories, they aren't wholly sovereign.
The islands are Crown Dependencies - their constitutional relationship is with the Crown rather than the United Kingdom. The British monarch is their sovereign for historical reasons that differ for each island.
Therefore, at the time of writing, His Majesty King Charles III is Head of State in each Dependency and is represented in each island territory by a Lieutenant Governor. In the Channel Islands the King is styled Duke of Normandy, and in the Isle of Man, Lord of Mann.
Currently the Privy Councillor with responsibility for these relationships is the Justice Secretary, so in practice the UK's Ministry of Justice administers these relationships on behalf of the Crown and mediates most contacts between the dependencies and the rest of UK Government.
The duties of the Crown with respect to the Dependencies are broadly (Crown Dependencies - Justice Committee):
- ultimate responsibility for the "good government" of the Islands;
- the ratification of Island legislation by Order in Council (Royal Assent) following scrutiny by the relevant Privy Councillor (at the time of the Kilbrandon Report* the Home Secretary, now the Justice Secretary)
- international representation, subject to consultation with the insular authorities prior to the conclusion of any agreement which would apply to them;
- ensuring the Islands meet their international obligations;
- defence.
In practice this means those are the responsibilities of what we know as the UK Government - properly "His Majesty's Government".
However:
The precise extent, and limitations, of these responsibilities are unclear
For the most part the Crown Dependencies are self-governing. The official policy is that (Crown Dependencies - Justice Committee):
The independence and powers of self-determination of the Crown Dependencies are, in the view of both the UK Government and the Island authorities, only to be set aside in the most serious circumstances, such as a fundamental breakdown in public order or of the rule of law, endemic corruption in the government or the judiciary or other extreme circumstance.
An example of circumstances in which the UK Government might intervene was the widespread corruption at the highest levels in the Turks and Caicos Islands that caused the UK in 2009 to suspend local government for some months to return the islands' affairs to 'good order'.
With respect to the Crown Dependencies the UK Parliament can legislate in the areas of defence, nationality, citizenship, succession to the Throne, extradition and broadcasting.
The Crown Dependencies - House of Commons Library:
Primary legislation passed by the UK Parliament does not ordinarily apply to the Crown Dependencies. In certain cases, it can be extended by Order in Council made with the agreement of the Crown Dependencies concerned under an enabling provision known as a Permissive Extent Clause.
The Crown Dependencies may also be affected by treaties entered into by His Majesty's Government (Ministers of the Crown). None of this is supposed to happen without the consent of the Crown Dependency in question.
The Justice Secretary can recommend that Royal Assent is withheld (Crown Dependencies - Justice Committee).
although the grounds for doing this are not entirely clear and it is a rare occurrence. It would certainly be legitimate to withhold Assent if the legislation would put the relevant Island in breach of an international obligation which applies to the Island and for which the UK is responsible. Island legislation must comply with international human rights obligations, for example, and it was on this basis that Sark's first attempt at a Reform Law was refused. ...
It is clear is that the UK has, on occasion, leant heavily on Island governments to modify legislation at stages prior to submission for Royal Assent. This may have been on the grounds that the legislation was in some sense constitutionally defective, although we have been told about cases where intervention was clearly on policy grounds. In practice, it is informal dialogue, rather than the formal withholding of Royal Assent, which is usually the mechanism for bringing about a change in Island legislation.
For example:
It is worth noting that an application by Guernsey for Royal Assent was rejected in relation to primary legislation which contained provisions which would have allowed the States of Guernsey to amend by way of ordinance (secondary legislation) provisions contained in primary legislation
The Crown Dependencies have criticised various aspects of the relationship such as the timeliness of UK responses, delays in providing Royal Assent, the resourcing in the UK for officials with responsibility for the relationship, and the sometimes confusion of the Islands and ignorance of the relationship by UK officials.
Also:
where there are conflicting interests, interference by the UK Government in the policy of the Crown Dependency administrations may be motivated by wider political concerns, even though it is not legitimate on constitutional grounds. This is particularly so where there is an international dimension to the issue and there is a risk of an adverse reputational impact on the UK which arises out of the lack of international understanding of the independence of the Crown Dependencies.
One area of scrutiny is for potential conflict with the UK's international obligations (including the European Convention on Human Rights) or with any "fundamental constitutional principles".
There is additional history in The Crown Dependencies - House of Commons Library.
Other details follow (Crown Dependencies - Justice Committee):
Bailiwick of Jersey
The principal court is the Royal Court of Jersey. Bailiff and Deputy Bailiff appointed by the Crown; Jurats (lay judges of fact) elected by an electoral college. Judges of the Jersey Court of Appeal appointed by the Crown.
The Bailiff presides over the Royal Court and is head of the judiciary. Appeals from the Royal Court are to the Jersey Court of Appeal (comprising the Bailiff of Guernsey, judges and senior counsel appointed from the United Kingdom). There is a further appeal to the Judicial Committee of the Privy Council.
Qualification for the Jersey legal profession requires candidates to have obtained a law degree from the United Kingdom and to enrol on a course of tuition at the Institute of Law in Jersey
Bailiwick of Guernsey
Comprises Guernsey (the islands of Herm and Jethou), Alderney and Sark (including the island of Brecqhou).
The principal court is the Royal Court of Guernsey. Bailiff and Deputy Bailiff appointed by the Crown; Jurats (lay judges of fact) elected by an electoral college. Judges of the Guernsey Court of Appeal appointed by the Crown.
The Bailiff presides over the Royal Court and is head of the judiciary. Appeals from the Royal Court are to the Guernsey Court of Appeal (comprising the Bailiff of Jersey, judges and senior counsel appointed from the United Kingdom). There is a further appeal to the Judicial Committee of the Privy Council.
Qualification for the Guernsey Bar requires candidates to obtain academic qualifications in law from a French university and a UK university and to have qualified as legal practitioner in the United Kingdom.
Isle of Man
The principal court is the High Court of Justice. Judges are appointed by the British Lord Chancellor on the advice of the Lieutenant Governor and following public advertisement for applicants.
(By the way, a pub quiz question/answer: the Isle of Man's Tynwald is claimed to be the oldest parliament in continuous existence. It is not the oldest parliament - this honour belongs to Iceland's Althing.)
Very brief history:
The Channel Islands were originally part of the Duchy of Normandy. Philip II of France successfully invaded Normandy in 1204, bringing an end to the Anglo-Norman realm founded by William the Conqueror in 1066.
The Channel Islands pledged allegiance to the-then English Crown in return for a guarantee concerning their local customs. Royal Charters were granted to the Bailiwick of Jersey and the Bailiwick of Guernsey.
The Bailiwick of Jersey comprises Jersey and surrounding uninhabited islands and rocks.
The Bailiwick of Guernsey comprises Guernsey (including the islands of Herm and Jethou), Alderney and Sark (including the island of Brecqhou).
The Isle of Man was originally part of the Norwegian Kingdom of the Isles. In 1266 the island was ceded to Scotland (Treaty of Perth). Subsequently it changed hands several times between Scotland and England until the English took it in 1346 (during the Second War of Scottish Independence).
* The "Kilbrandon Report" is another name for the report of The Royal Commission on the Constitution:
a long-running royal commission set up by Harold Wilson's Labour government to examine the structures of the constitution of the United Kingdom and the British Islands and the government of its constituent countries, and to consider whether any changes should be made to those structures.
