Manx law
Encyclopedia
The legal system on the Isle of Man
is Manx customary law, a form of common law
. Manx law originally derived from Gaelic
Brehon law and Norse
Udal law
. Since those early beginnings, Manx law has developed under the heavy influence of English Common Law, and the uniqueness of the Brehon and Udal foundation is now most apparent only in property and constitutional areas of law.
based on cases brought before the Island's courts. Precedents in the English legal system, when relevant and applicable, are persuasive
upon the Manx courts. The supreme court
for the Isle of Man is the Judicial Committee of the Privy Council
. The Isle's traditional local appellate court
is the Staff of Government Division
which has only two judges, titled deemster
s, whose decisions are joined to the original trial decision. They almost always have a majority, if either deemster agrees with the trial Judge.
from two main sources: Acts of Tynwald
(known as insular legislation) and Acts of the Imperial Parliament
in Westminster.
The ability of the English Parliament to legislate directly for the Isle of Man has a long history, and significantly pre-dates the 1765 revestment of the Island to the British Crown. One such example of English legislation applied to Man was the Bishoprics of Chester and Man Act 1541
, which attached the Diocese of Sodor and Man
to the Province of York
. The judgement in the Derby Dower Case (1523) clarified the extension of English statutes to the Isle of Man, stating that a reference to the Island was required: "no general Act of Parliament extended to the island, but that by special name an Act might extend to it".
The apparent requirement for an explicit reference to the Isle of Man within an Act of Parliament was rejected by the Staff of Government Division
in Attorney-General v Harris & Mylrea (1894) wherein they ruled that the clear intention of Parliament to extend an Act to the Island was sufficient.
Therefore, English (and, later, UK) legislation does not by default extend to the Isle of Man. In most cases it will be specifically applied to the Island (today done by the use of an Order in Council), and this is customarily done with the consent and approval of Tynwald. It has been held by the Judicial Committee of the Privy Council
(on August 5, 1663 in William Christian's case) that Acts of Parliament can also automatically apply to the Isle of Man by 'necessary implication'.
Today, Acts of Parliament are adopted by the Isle of Man to avoid unnecessary duplication, or where a consistent approach is essential because of an international aspect to the issue (the UK has a responsibility for the external affairs of the Island).
and Parliament
is unclear. For many centuries and until comparatively recently, it was assumed that Acts of Parliament were the supreme law of the Isle of Man. Manx courts would disapply any part of an Act of Tynwald
that conflicted with an Act of Parliament
applicable to the Island, even if the Act of Tynwald was a later law.
From the early 1980s, the Staff of Government Division
began to assert that there was no hierarchy of legislative acts, and Tynwald and Parliament were concurrent and coequal. This departure from previous practice has not yet been tested by appeal to the Privy Council.
In the past there have been key differences on
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
is Manx customary law, a form of common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
. Manx law originally derived from Gaelic
Gaels
The Gaels or Goidels are speakers of one of the Goidelic Celtic languages: Irish, Scottish Gaelic, and Manx. Goidelic speech originated in Ireland and subsequently spread to western and northern Scotland and the Isle of Man....
Brehon law and Norse
Norsemen
Norsemen is used to refer to the group of people as a whole who spoke what is now called the Old Norse language belonging to the North Germanic branch of Indo-European languages, especially Norwegian, Icelandic, Faroese, Swedish and Danish in their earlier forms.The meaning of Norseman was "people...
Udal law
Udal Law
Udal law is a near-defunct Norse derived legal system, which is found in Shetland and Orkney, Scotland and in Manx law at the Isle of Man. It is closely related to Odelsrett....
. Since those early beginnings, Manx law has developed under the heavy influence of English Common Law, and the uniqueness of the Brehon and Udal foundation is now most apparent only in property and constitutional areas of law.
Precedent
Manx law has distinct system of insular binding precedentBinding precedent
In law, a binding precedent is a precedent which must be followed by all lower courts under common law legal systems. In English law it is usually created by the decision of a higher court, such as the Supreme Court of the United Kingdom, which took over the judicial functions of the House of...
based on cases brought before the Island's courts. Precedents in the English legal system, when relevant and applicable, are persuasive
Persuasive precedent
Persuasive precedent is precedent or other legal writing that is related to the case at hand but is not a binding precedent on the court under common law legal systems such as English law. However, persuasive authority may guide the judge in making the decision in the instant case...
upon the Manx courts. The supreme court
Supreme court
A supreme court is the highest court within the hierarchy of many legal jurisdictions. Other descriptions for such courts include court of last resort, instance court, judgment court, high court, or apex court...
for the Isle of Man is the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
. The Isle's traditional local appellate court
Appellate court
An appellate court, commonly called an appeals court or court of appeals or appeal court , is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal...
is the Staff of Government Division
Staff of Government Division
The Staff of Government Division of the High Court of Justice is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court...
which has only two judges, titled deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s, whose decisions are joined to the original trial decision. They almost always have a majority, if either deemster agrees with the trial Judge.
Statute
In addition to precedent, the laws of the Island develop through statuteStatute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
from two main sources: Acts of Tynwald
Act of Tynwald
An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man.-Structure:Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom.-Commencement:...
(known as insular legislation) and Acts of the Imperial Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
in Westminster.
The ability of the English Parliament to legislate directly for the Isle of Man has a long history, and significantly pre-dates the 1765 revestment of the Island to the British Crown. One such example of English legislation applied to Man was the Bishoprics of Chester and Man Act 1541
Bishoprics of Chester and Man Act 1541
The Bishoprics of Chester and Man Act 1541 was an Act of the Parliament of England that transferred the jurisdiction over the Dioceses of Chester and Sodor and Man from the Archdiocese of Canterbury to the Archdiocese of York....
, which attached the Diocese of Sodor and Man
Diocese of Sodor and Man
Sodor and Man is a diocese of the Church of England. Originally much larger, today it covers just the Isle of Man and its adjacent islets.-Early history:...
to the Province of York
Province of York
The Province of York is one of two ecclesiastical provinces making up the Church of England, and consists of 14 dioceses which cover the northern third of England and the Isle of Man. York was elevated to an Archbishopric in 735 AD: Ecgbert of York was the first archbishop...
. The judgement in the Derby Dower Case (1523) clarified the extension of English statutes to the Isle of Man, stating that a reference to the Island was required: "no general Act of Parliament extended to the island, but that by special name an Act might extend to it".
The apparent requirement for an explicit reference to the Isle of Man within an Act of Parliament was rejected by the Staff of Government Division
Staff of Government Division
The Staff of Government Division of the High Court of Justice is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court...
in Attorney-General v Harris & Mylrea (1894) wherein they ruled that the clear intention of Parliament to extend an Act to the Island was sufficient.
Therefore, English (and, later, UK) legislation does not by default extend to the Isle of Man. In most cases it will be specifically applied to the Island (today done by the use of an Order in Council), and this is customarily done with the consent and approval of Tynwald. It has been held by the Judicial Committee of the Privy Council
Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom. Established by the Judicial Committee Act 1833 to hear appeals formerly heard by the King in Council The Judicial Committee of the Privy Council (JCPC) is one of the highest courts in the United...
(on August 5, 1663 in William Christian's case) that Acts of Parliament can also automatically apply to the Isle of Man by 'necessary implication'.
Today, Acts of Parliament are adopted by the Isle of Man to avoid unnecessary duplication, or where a consistent approach is essential because of an international aspect to the issue (the UK has a responsibility for the external affairs of the Island).
Relationship between Insular and Parliamentary statutes
The relationship between the statutes of TynwaldTynwald
The Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
and Parliament
Parliament of the United Kingdom
The Parliament of the United Kingdom of Great Britain and Northern Ireland is the supreme legislative body in the United Kingdom, British Crown dependencies and British overseas territories, located in London...
is unclear. For many centuries and until comparatively recently, it was assumed that Acts of Parliament were the supreme law of the Isle of Man. Manx courts would disapply any part of an Act of Tynwald
Act of Tynwald
An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man.-Structure:Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom.-Commencement:...
that conflicted with an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
applicable to the Island, even if the Act of Tynwald was a later law.
From the early 1980s, the Staff of Government Division
Staff of Government Division
The Staff of Government Division of the High Court of Justice is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court...
began to assert that there was no hierarchy of legislative acts, and Tynwald and Parliament were concurrent and coequal. This departure from previous practice has not yet been tested by appeal to the Privy Council.
Notable differences in current laws
Despite the heavy English influences on Manx law, increasingly the island has 'gone its own way'.In the past there have been key differences on
- the death penalty for murder (abolished in the UK in 1973, on the Isle of Man in 1993 – although after 1973 it was the policy of the UK to block all Manx executions)
- women's suffrageWomen's suffrageWomen's suffrage or woman suffrage is the right of women to vote and to run for office. The expression is also used for the economic and political reform movement aimed at extending these rights to women and without any restrictions or qualifications such as property ownership, payment of tax, or...
(1866 on Mann, 1928 in the UK) - judicial birchingBirchingBirching is a corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders.-Implement:...
(abolished 1947 in the UK, on Mann in 2000 - a 13-year-old boy, who was convicted of robbing another child of 10p, was the last recorded juvenile case in May 1971) - sodomySodomy lawA sodomy law is a law that defines certain sexual acts as crimes. The precise sexual acts meant by the term sodomy are rarely spelled out in the law, but are typically understood by courts to include any sexual act deemed unnatural. It also has a range of similar euphemisms...
(legalised 1967 in the UK, 1992 on Mann)
See also
- Manx JudiciaryManx JudiciaryThe lowest courts in the Isle of Man are the Summary Courts, Coroner of Inquests, Licensing Court, Land Court, etc. These courts are presided over by magistrates...
- Legislative Council (Isle of Man)
- TynwaldTynwaldThe Tynwald , or more formally, the High Court of Tynwald is the legislature of the Isle of Man. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys and the indirectly chosen Legislative Council.The Houses sit jointly, for...
- Isle of Man ConstabularyIsle of Man ConstabularyThe Isle of Man Constabulary is the organisation responsible for policing the Isle of Man, an island of 80,000 inhabitants situated equidistant from Northern Ireland, Wales, Scotland and England.-Structures and Deployment:...
External links
- Isle of Man Government – Legal System
- Isle of Man Law Society
- Isle of Man legal resources at the Washburn University School of Law
- Isle of Man legal resources at the Law Library of Congress
- A collection of Manx legal resources by Peter W. Edge