Lisvane's legacy? Constitutional reform in the Isle of Man

The Isle of Man is a largely autonomous dependent territory of the UK. In 2016, Lord Lisvane was commissioned to report on the functioning of the principal organ of governance, the Tynwald. This Lisvane Review has led to substantial constitutional reform within this small democracy, particularly in relation to the unelected second chamber of Tynwald, the Legislative Council. This reflects an ancient tension within the Manx constitution between the House of Keys, since the mid-nineteenth century a directly elected chamber, and the unelected Legislative Council. The Lisvane period saw important changes to the composition and powers of the Legislative Council, as well as gender diversity within Tynwald as a whole. Placing the Manx experience within a broader small democracy theoretical and comparative framework demonstrates not only the possibility of constitutional reform, but also provides insights into resources for constitutional development, the special challenges of managing intimacy, and the dangers of over-concentration of power in a small democracy

The work of a religious representative in a democratic legislature: A case study of the Lord Bishop of Sodor and Man in Tynwald, 1961-2001

The Isle of Man is a largely autonomous territory of the United Kingdom Crown, whose dominant constitutional body is the Tynwald. Tynwald, although meeting regularly as a single body, is for most purposes divided into two Branches – a directly elected House of Keys, and the Legislative Council. The latter includes among its members the Lord Bishop of Sodor and Man. This study draws upon the legislative debates of Tynwald between 1961 and 2001 to examine the nature of the Bishop’s role. Analysis shows that the Bishop was expected to contribute to debate in two major areas – moral issues and technical issues concerning the Manx Church. Additionally, the Bishops operated within expectations as to their modes of contribution. The strongest of these was that the Bishop should not become entangled in party politics. There was also a strong expectation that the Bishop should represent the Manx Church and Christianity more generally, although this expectation does not seem to have been realised in relation to non-Christian religions. There is also evidence that the Bishop was also entitled to use both secular and religious modes of argumentation, and that he should not have expected to the be the only religious voice in Tynwald, or even the uncontested voice of the Manx Church

Freedom of religion under the European Convention on Human Rights: Foreshadowing interpretative dilemmas

This chapter focuses on those provisions of the European Convention on Human Rights (ECHR) most clearly relevant to freedom of religion: Article 9, and Article 2 of the First Protocol. These provisions are placed in context, both in terms of the development of freedom of religion at the international level, and in terms of the history of the drafting of the provisions. The exposition function was particularly important in a text on freedom of religion or belief. It was the first full-length text providing a sustained consideration of freedom of religion under the ECHR, as opposed to in international law more generally. A lack of sympathy, or perhaps better put, a failure of judicial imagination when considering the position of atheists within a religious rights regime, materialised in Lautsi v Italy. Eweida removed the initial hurdle in making a religion or belief claim, a second hurdle is immediately encountered: the margin of appreciation

The constitutional implications of the survival of the Diocese of Sodor and Man

The Lord Bishop of Sodor and Man is an important member of the Legislative Council, the second chamber of the Manx Tynwald. The shape of Tynwald has changed considerably since the mid-nineteenth century, and there have been frequent reviews of the place of ecclesiastical officers in it. The most recent debates illuminate this form of religious representation, but in particular show the importance of ecclesiastical structures – and the contingent status of the Diocese of Sodor and Man – in the lord bishop retaining a vote, as well as a voice, in the principal organ of governance in the Isle of Man. This article argues that a more critical approach is needed in weighing the ecclesiastical structure argument against other constitutional arguments around the constitutional position of the lord bishop

History, sacred history and law at the intersection of law, religion and history

Lawyers, both practitioners and academics, engage with legal history in a variety of ways. Increasing attention is being paid to legal regulation of history and memory. I argue that the interaction of law and history is particularly problematic within the context of a dispute with a religious element. I will use three case-studies to illustrate these challenges: (1) The repeal of the Fraudulent Mediums Act 1951 by the Consumer Protection from Unfair Trading Regulations 2008; (2) The Babri Masjid/Ram Temple dispute in Ayodhya, India; and (3) The Hindmarsh Island bridge controversy in South Australia; These case studies show the difficulties legal actors face when confronted with incompatible secular and sacred histories and diverse ways of ‘knowing history’, and the importance, nonetheless, of understanding history to understand law and religion

A national emergency or a public health crisis? Reflecting on the 2020 and 2021 Manx responses to the global pandemic

The Isle of Man, a self-governing Crown Dependency, developed its own response to the global pandemic, including strict border controls and periods of lockdown. In 2020, this was given legal effect through the declaration of a formal state of emergency, while in 2021 similar measures were implemented under public health legislation without a state of emergency. Framing the 2021 lockdowns as a public health crisis led to a more tightly focussed response than the 2020 framing as a national emergency. Within this narrower range, however, the structure of the public health legislation as implemented provided less democratic accountability than the emergency powers legislation, and reduced the emphasis given to the rules as laws, leading to a decrease in formality in relation to both creation and publication of these legal rules, and exacerbating a blurring between law and advice. These disadvantages were not, however, intrinsic to the public health legislation itself, and if corrected the public health response is to be preferred

Oppositional religious speech: Understanding hate preaching

Hate preaching is capable of constituting both hate crime and hate speech, lies at the centre of many religions’ understanding of the manifestation of their religion, and frequently raises the contentious issue of regulation of the use of sacred scriptures. This brief article explores the regulation of hate preaching by criminal law, discussing the particular problems posed by oppositional religious speech, before concluding with suggestions for a number of ways to reduce these problems

Let's talk about a divorce: religious and legal wedding

The extension of marriage to same sex couples is an important policy concern in a number of jurisdictions across the world. This is not necessarily framed as a religious rights issue, at least in the constitutional discourse. In US v Windsor,2 for instance, the US Supreme Court managed to discuss the constitutional position of same sex marriage without any consideration of religion; the High Court of Australia has managed much the same in Commonwealth of Australia v The Australian Capital Terrority.3 In this chapter, however, rather than seeking to engage with marriage as part of the canon of family law (Hasday 2004), I will be putting same sex marriage very much in a religious frame, that is, as an issue which raises religious interests