The legal system on the

Isle of Man ) , anthem = "O Land of Our Birth" , image = Isle of Man by Sentinel-2.jpg , image_map = Europe-Isle_of_Man.svg , mapsize = , map_alt = Location of the Isle of Man in Europe , map_caption = Location of the Isle of Man (green) in Europe ...

is Manx customary law, a form of

common law In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresen ...

. Manx law originally derived from

Gaelic Gaelic is an adjective that means "pertaining to the Gaels". As a noun it refers to the group of languages spoken by the Gaels, or to any one of the languages individually. Gaelic languages are spoken in Ireland, Scotland, the Isle of Man, and Ca ...

Brehon law Early Irish law, historically referred to as (English: Freeman-ism) or (English: Law of Freemen), also called Brehon law, comprised the statutes which governed everyday life in Early Medieval Ireland. They were partially eclipsed by the Norma ...

and Norse

Udal law Udal law is a Norse-derived legal system, found in Shetland and Orkney in Scotland, and in Manx law in the Isle of Man. It is closely related to Odelsrett; both terms are from Proto-Germanic *''Ōþalan'', meaning "heritage; inheritance". Hi ...

. 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 a distinct system of insular

binding precedent A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...

based on cases brought before the Island's courts. Precedents in the English legal system, when relevant and applicable, are

persuasive Persuasion or persuasion arts is an umbrella term for Social influence, influence. Persuasion can influence a person's Belief, beliefs, Attitude (psychology), attitudes, Intention, intentions, Motivation, motivations, or Behavior, behaviours. ...

upon the Manx courts. The

supreme court A supreme court is the highest court within the hierarchy of courts in most legal jurisdictions. Other descriptions for such courts include court of last resort, apex court, and high (or final) court of appeal. Broadly speaking, the decisions of ...

for the Isle of Man is the

Judicial Committee of the Privy Council The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 Augus ...

. The Isle's traditional local

appellate court A court of appeals, also called a court of appeal, appellate court, appeal court, court of second instance or second instance court, is any court of law that is empowered to hear an appeal of a trial court or other lower tribunal. In much of ...

is the

Staff of Government Division The Staff of Government Division of the High Court of Justice (usually shortened to Staff of Government Division) is the Court of Appeal in the Isle of Man. It hears all appeals, both criminal and civil, from the High Court. It is the second h ...

Statute

In addition to precedent, the laws of the Island develop through

statute A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by le ...

from two main sources:

Acts 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 Originally, each Act began with the f ...

(known as insular legislation) and

Acts of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of parliament ...

in Westminster. The power of the United Kingdom Parliament, and its predecessor 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 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. It was a rare pr ...

'', which attached the

Diocese of Sodor and Man The Diocese of 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. Today, the bishop's office is in Douglas and the cathedral is in Peel. The diocese is ''not ...

to the

Province of York The Province of York, or less formally the Northern Province, is one of two ecclesiastical provinces making up the Church of England and consists of 12 dioceses which cover the northern third of England and the Isle of Man. York was elevated to ...

. 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

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 An Order-in-Council is a type of legislation in many countries, especially the Commonwealth realms. In the United Kingdom this legislation is formally made in the name of the monarch by and with the advice and consent of the Privy Council ('' Ki ...

), and this is customarily done with the consent and approval of Tynwald. It has been held by the

(on 5 August 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

Tynwald Tynwald ( gv, Tinvaal), or more formally, the High Court of Tynwald ( gv, Ard-whaiyl Tinvaal) or Tynwald Court, is the legislature of the Isle of Man. It consists of two chambers, known as the branches of Tynwald: the directly elected House of ...

and

Parliament In modern politics, and history, a parliament is a legislative body of government. Generally, a modern parliament has three functions: Representation (politics), representing the Election#Suffrage, electorate, making laws, and overseeing ...

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 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 Originally, each Act began with the f ...

that conflicted with an

Act of Parliament Acts of Parliament, sometimes referred to as primary legislation, are texts of law passed by the Legislature, legislative body of a jurisdiction (often a parliament or council). In most countries with a parliamentary system of government, acts of ...

applicable to the Island, even if the Act of Tynwald was a later law. From the early 1980s, the

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'. Much of its legislation mirrors that of the UK to a greater or lesser extent (and may be rubber-stamped by the two branches of Tynwald with little or no debate) but much does not. In the past there have been (and in some cases still are) key differences on * the

death penalty Capital punishment, also known as the death penalty, is the state-sanctioned practice of deliberately killing a person as a punishment for an actual or supposed crime, usually following an authorized, rule-governed process to conclude that t ...

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 suffrage Women's suffrage is the right of women to vote in elections. Beginning in the start of the 18th century, some people sought to change voting laws to allow women to vote. Liberal political parties would go on to grant women the right to vot ...

(1881 on Mann, 1928 in the UK) * judicial

birching Birching is a form of corporal punishment with a birch rod, typically applied to the recipient's bare buttocks, although occasionally to the back and/or shoulders. Implement A birch rod (often shortened to "birch") is a bundle of leafless t ...

(abolished 1947 in the UK, on Mann in 2000; last used in 1976) *

sodomy Sodomy () or buggery (British English) is generally anal or oral sex between people, or sexual activity between a person and a non-human animal ( bestiality), but it may also mean any non- procreative sexual activity. Originally, the term ''sodo ...

(legalised 1967 in England and Wales, 1992 on Mann) *

speed limit Speed limits on road traffic, as used in most countries, set the legal maximum speed at which vehicles may travel on a given stretch of road. Speed limits are generally indicated on a traffic sign reflecting the maximum permitted speed - expres ...

s – while the Island has speed limit laws (and indeed in general has road traffic laws much like those of the UK) more than half its roads are derestricted – that is to say they have no specific speed limit. *

taxation A tax is a compulsory financial charge or some other type of levy imposed on a taxpayer (an individual or legal person, legal entity) by a governmental organization in order to fund government spending and various public expenditures (regiona ...

– the taxation rates in the Isle of Man are far lower. There is no Corporation Tax, no Capital Gains Tax, no inheritance tax, and a 20% top rate of income tax (which is capped so that a resident earning £10 million would be paying just the same as a resident earning £1 million).

References

Other sources

* Augur Pearce, "When Is A Colony Not A Colony? -- England And The Isle Of Man", 32 Common Law World Review 368 (2003) * Peter W. Edge, Manx Public Law (1997) * K.F.W. Gumbley, "Extension of acts of Parliament to the Isle of Man", 8 Manx Law Bull. 78 (1987) * Peter W. Edge, "David, Goliath and Supremacy: The Isle of Man and the Sovereignty of the United Kingdom Parliament", 24 Anglo-American Law Review 1, 22 (1995) *The Ancient Ordinances and Statute Laws of the Isle of Man. J Quiggin. Douglas. 1841
Google Books

External links

Isle of Man Government – Legal SystemIsle of Man Law Society
at the Washburn University School of Law

at the Law Library of Congress

by Peter W. Edge {{Law of Europe