CONTENTS

Miscellany

Presumption of death in Jersey 303

Articles

• The problem of the numerus clausus of property rights

  Paul Matthews 307

  The Roman law principle that there is a closed or limited number of property rights lesser than ownership has been pressed into service by common law writers to explain the reluctance of the common law to develop new kinds of property right. This is wrong for two reasons. First, because the Roman law concept of ownership is incompatible with the feudal system out of which the common law of property evolved. Second, because there is no limited number of property rights in the common law, merely a reluctance to acknowledge new ones until tried and tested by the market. It also ignores the existence and influence of trust law. The position in the Channel Islands, where property law also developed from a feudal base, on this point is similar to the common law, rather than civilian.

• Constitutional carping or infelicitous flexing? A reflection on the UK’s claimed power to legislate for the Crown Dependencies

  Simon Hodgett 327

  On 20 July 2021, the House of Commons Justice Committee (the Justice Committee) began “a short inquiry to examine the constitutional relationship between the UK Government and the Crown Dependencies of the Isle of Man, Guernsey and Jersey”. During this inquiry, the insertion by the UK Government of a permissive extent clause (PEC) into the UK Fisheries Act 2020 was raised, as this clause would allow the Secretary of State to legislate for the internal affairs of the Crown Dependencies. Special consideration was given to the constitutionality of this provision as it was inserted against the express wishes of Guernsey and Jersey. The Justice Committee subsequently reported on 28 March 2024, stating that the insertion of the PEC was “extremely regrettable and contrary to the constitutional relationship”. This article considers the basis for the insertion of the PEC (by reference to the UK’s claim to a paramount power to legislate for the Crown Dependencies) and whether the UK Government’s reasoning was constitutionally sound.

Shorter Article

• Revising law revision: Jersey’s new approach to improving the statute book

  Lucy Marsh-Smith 347

  Jersey has had law revision powers on the statute book since 2003, which were used to empower the 2004 revised edition of the laws of Jersey and then annual editions until 2019. These editions consolidated the legislation once a year and made limited additional changes. Now that Jersey legislation is always kept up-to-date, the law revision powers, re-enacted in the Legislation (Jersey) Law 2021, can be used to greater effect to improve the statute book.

Case Summaries 356

Summary of Legislation: 1 September–31st December 2023

Bailiwick of Jersey 375

Bailiwick of Guernsey

Guernsey 378

Alderney 383

Sark 384

Review Article 356

• Normandy’s perhaps not so very ancient “très ancien” coutumier

  W Eves, The Antiqua consuetudo Normannie, or “part one” of the so-called Très ancien coutumier of Normandy

  Nicholas Vincent 385