Abstract
Even when geographically isolated, the small populations—both general and legal—of micro-jurisdictions and small states typically require them to reach beyond, often far beyond, their shores. This doesn’t mean that they are isolated intellectually. Instead, their necessary engagement with outside traditions and influences makes them crossroads of interaction between peoples, jurisdictions, and powers. This is especially true of so-called mixed jurisdictions where the legal tradition is an explicit, obvious hybrid. With these encounters in mind, this chapter explores legal education and training and the legal profession in three mixed/micro-jurisdictions: Malta, Jersey, and Seychelles. The three provide a useful focus for comparative analysis. Each jurisdiction is an island or archipelago. Both Malta and Jersey are within Europe, while Seychelles is a considerable distance away geographically, and arguably culturally as well. Jersey and Seychelles are particularly small jurisdictions with populations of less than 105,000 each. By comparison, Malta is significantly larger, with more than four times that number of people, though it is still well within common definitions of micro-jurisdictions.
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Notes
- 1.
- 2.
In discussing specific hybrids of European laws, Palmer (2012) refers to purists who want to protect the original layer of continental law, pollutionists who want to add more Anglo-American law (to the existing layer of such laws), and pragmatists who aren’t committed either way, but who require reasonably clear answers to legal issues that arise in the jurisdiction.
- 3.
- 4.
‘They (the Maltese leaders) expected Britain to safeguard their interests, to revive the economy and to grant some form of representative rights. But essentially they expected Britain to act as “‘il piu’ paterno dei governi” [“The most paternal of governments.”] as they recognised the British king as their new sovereign’. Translation from Zammit (1984), p. 10.
- 5.
Castellucci (2014).
- 6.
- 7.
Admission to legal study requires high levels of facility in both Maltese and English.
- 8.
See Donlan (2015) for a discussion of ‘trans-systemic’, ‘supra-systemic’, and even ‘trans-temporal’ legal education.
- 9.
Since 1993, over 2000 students have graduated with an LLD degree, making a total of more than 3000 individuals in possession of this degree relative to a population of 380,000.
- 10.
The Maltese language resulted from the bending of Semitic and Romance elements drawn from Arabic and Italian. Similarly, Maltese identity is asserted by fusing Semitic ethnic origins with European cultural influences embodied in English, the Catholic religion and Malta’s defence of Europe from the Turks in early modern times and Nazi aggression in the Second World War.
- 11.
See Donlan et al. (2012) for additional detail.
- 12.
This was debated in a series of articles and letters in The Times of Malta from April–June 2012. Giovanni Bonnello, former Judge of the ECtHR (1998–2010), argued that the Constitution was supreme (27 April, 2 May, 6 June, 20 June); Giuseppe Mifsud Bonici, Former Chief Justice and President of the Constitutional Court (1990–1995), argued that Parliament was supreme (2 June, 15 June). See also, Aquilina (2014) who more recently sides with Judge Bonello.
- 13.
Malta Financial Services Authority (2008), p. 4: ‘It may be rightfully claimed that the Maltese legal system has been able to absorb a number of different legal and cultural influences from the two European countries which have shaped a large part of its history, and whose cultural influence remains very high to this day: Italy its closest neighbour to the north, and the United Kingdom’.
- 14.
The introduction of a new Masters in European Business Law also follows the same pattern.
- 15.
See, for example, Bailhache (2010).
- 16.
This section draws on numerous sources, not least Bailhache (2014).
- 17.
State of Qatar v Al Thani (1999) JLR 118.
- 18.
More information about the JLIB is available at https://www.jerseylaw.je (last accessed 7 July 2016). It operates as a ‘repository of all laws and judgments for the Island of Jersey. It is [also] a site presented to the local and related professions as well as to the public generally so as to maximise access to legal information and services’.
- 19.
These are listed by the Solicitor Regulation Authority (SRA) in a Joint statement issued by the Law Society and the General Council of the Bar on the completion of the initial or academic stage of training by obtaining an undergraduate degree. Available at http://www.sra.org.uk/students/academic-stage-joint-statement-bsb-law-society.page. Accessed 7 July 2016.
- 20.
- 21.
Civil Code of Seychelles Act 1976, art 5.
- 22.
See Legal Practitioners Act 1996, s 5(1)(a)(iv) which provides that these are degrees at institutions and of a level approved by the Minister in consultation with the Chief Justice.
- 23.
It is also possible to qualify after acting as an articled clerk over a long period of local study, consisting initially of an Articleship Entrance Exam, followed by 6 years of study at an approved chambers and successful completion of the local Bar exams.
- 24.
Distinct professions continue to operate in Mauritius. In 2011, the French merged representation by the avoués with the avocats before the Courts of Appeal. Rights of audience before the Cour de Cassation are still restricted to specialist advocates who are accredited to argue cases before the Cour de Cassation and the Conseil d’Etat, referred to as avocats au Conseil d’Etat et à la Cour de Cassation.
- 25.
Some of the jurisdiction of the Privy Council transferred to the UK Supreme Court in 2009.
- 26.
See, for example, Mattei (2002).
- 27.
Farran (2013a).
- 28.
See, for example, Donlan (2014).
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Donlan, S.P., Marrani, D., Twomey, M., Zammit, D.E. (2017). Legal Education and the Profession in Three Mixed/Micro Jurisdictions: Malta, Jersey, and Seychelles. In: Butler, P., Morris, C. (eds) Small States in a Legal World. The World of Small States, vol 1. Springer, Cham. https://doi.org/10.1007/978-3-319-39366-7_9
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