Manx Law: A Contribution from the Isle of Man*

Abstract

This article provides a rare insight into the legal system and jurisprudence of the Isle of Man by the island's Second Deemster. * This paper was originally delivered at Harvard Law School in Boston on 3rd October 2007. Reprinted with permission of the author. ** Deemster David Doyle was sworn in as Her Majesty's Second Deemster in the Isle of Man on 21 March 2003. Deemster Doyle presides over criminal trials in the Court of General Gaol Delivery and civil trials in the High Court on the Island. He also sits in the Appeal Division of the High Court. Deemster Doyle was called to the Bar of England and Wales in 1982 and admitted to the Manx Bar as a Manx advocate in 1984. He has an active interest in the constitution of the Isle of Man and in Manx law, past, present and future. He also has an active interest in the role the Island has in the wider international community. The author describes, inter alia, the judicial structure, sentencing and impact of international jurisprudence on the work of the judiciary of the Isle of Man, before outlining the island's constitutional position with the United Kingdom and with England and Wales. The author argues against intellectual and judicial insularity: ‘Laws should be developed and problems solved by reaching out for knowledge and solutions that may be provided by approaches from jurisdictions beyond our local frontiers’. However, in reaching out to foreign jurisdictions, it is emphasised that account must be taken of local history, traditions, laws and needs.