Contact

Ben Robins

Ben Robins

Jersey
Partner

Carla Benest

Carla Benest

Jersey
Partner

Justin Harvey-Hills

Justin Harvey-Hills

Jersey
Partner

Mathew Cook

Mathew Cook

Jersey
Counsel

Can Westminster Parliament legislate for Jersey without its consent?

[Dynamic date]

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.