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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 doctrine is
not just contrary to the customary law heritage, but inconvenient for
good adjudication. In particular, it is useful if the Channel Island
courts can consider local social and legal issues fully, rather than
treating themselves as bound by higher decisions by courts with less
(if any) local knowledge. A doctrine of binding precedent is
inappropriate given the importance of non-domestic court sources of
law, and particularly so where areas of law have been imported from
foreign jurisdictions whether through judicial or legislative action.

Categories Law, Social science
Keywords Adjudication, Binding Precedent, Channel Island Courts, Customary Law Heritage, Jersey and Guernsey Law
Author Dennis Dixon
Date published 2020
Document type Article
Organisation Jersey and Guernsey Law Review
IRR Code IRR/JGLR/2020.43880
File Type pdf