Memorandum from G. Stephen Holmes To
: David Doyle, Andrew Corlett, Sharon Roberts, Geoffrey Tattersall, Chris Melton.
CC
: Adam Wood, John Quinn, Kevin O'Riordan, Bishop Robert, Archbishop Sentamu
Date
: 22nd November 2013
Subject
: Statutes of the Isle of Man : Reading and understanding statutes
Earlier this month I acquired a copy of the following book by S.I. Strong – Stacie Strong includes in chapter 2 the following section (2.1) on Statutes :– In the context of this discussion, the term ‘statutes’ includes not only law enacted by Parliament for domestic application but also refers to European legislation and international instruments such as treaties and conventions. It is beyond the scope of this book to discuss whether and to what extent international instruments apply within the UK or the different ways courts can interpret statutory materials (i.e. either purposively or literally). However, some suggestions can be made regarding the way you should read and use statutes in your work. Students often overlook the importance of statutes, when in fact statutes are the first source of law that any lawyer – even a common law lawyer – should consider when faced with a legal problem. Remember, the UK embraces the concept of Parliamentary supremacy; therefore statutes constitute the supreme law of the land. However, because the UK is a common law jurisdiction, the study of law focuses largely on cases which supplement or elucidate statutes or which define the law in the absence of a statute. By focusing so heavily on case law, instructors and textbook writers can accidentally trick students into thinking that statutory law is not as important as the common law in these jurisdictions. Because cases can second edition : 2006 never replace or supersede a statute, students should learn to look first to see whether a statute applies to the question at hand and then identify the extent to which case law can and should apply. .
There now follow three quotes : the first two are from Carl Sagan – “Science is not perfect. It can be misused. It is only a tool. But it is by far the best tool we have, self-correcting, ongoing, applicable to everything; with this tool, we vanquish the impossible. It has two rules. First: there are no sacred truths; all assumptions must be critically examined; arguments from authority are worthless. Second: whatever is inconsistent with the facts must be discarded or revised. The obvious is sometimes false; the unexpected is sometimes true.” “One of the great commandments of science is, 'Mistrust arguments from authority'. (Scientists, being primates, and thus given to dominance hierarchies, of course, do not always follow this commandment!)” “Where, after all, do universal human rights begin? In small places, close to home – so close and so small that they cannot be seen on any maps of the world. Yet they are the world of the individual person; the neighbourhood he lives in; the school or college he attends; the factory, farm or office where he works. Such are the places where every man, woman and child seeks equal justice, equal opportunity, equal dignity without discrimination. Unless these rights have meaning there, they have little meaning anywhere. Without concerned citizen action to uphold them close to home, we shall look in vain for progress in the larger world.” Eleanor Roosevelt, “In Our Hands” (1958 speech delivered on the 10th anniversary of the Universal Declaration of Human Rights)
There was a hearing in the High Court in the Isle of Man on 1 st July 2004 with AK Williamson -1-