This article is based upon a recent report by the Law Officers’ Department on issues arising from proposals to reform or abolish légitime, Jersey’s system for giving fixed minimum rights to spouses, civil partners and children where the deceased dies testate. Using a...
Légitime Reform: Where To Go? (Part 2)
This is the second instalment of this article considering the reform of légitime. It will follow the earlier comparative analysis by arguing that lessons should be learned from other systems. It is not a matter of choosing between the current English system or the...
Jersey’s Relationship With The UK Parliament Revisited
This article builds on the Jowell hypothesis of Jersey's relationship with the United Kingdom Parliament. It analyses the claims for Parliament's paramount power over Jersey in terms of the domestic British theories for Parliamentary Supremacy. The view that...
Binding precedent in the Channel Islands
This article explores the difference between Jersey and Guernsey law on whether there is a doctrine of binding precedent in respect of decisions of higher courts. Developing the approach set out in the Jersey decision of State of Qatar, it is argued that such a...
Why did the UK get it wrong? A reply
This article replies to a recent contribution to the Jersey and Guernsey Law Review by Filippo Noseda, which argued that the United Kingdom’s contribution to the development of tax transparency was largely due to Eurosceptic and anti-human rights attitude. This...