Can Westminster Parliament legislate for Jersey without its consent?
16 October 2019
It is clear that there are strict limits on Westminster's ability to legislate for Jersey without the consent of the Island, in particular in relation to domestic matters (such as tax and financial services regulation). The precise nature of those limits has never been fully tested and determined, and involves over eight-hundred years of constitutional history. However, if the Westminster Parliament sought to legislate for Jersey, Jersey would have strong grounds to challenge such action and any such legislation would be very unlikely to withstand legal scrutiny, as follows.