Tynwald
Encyclopedia
The Tynwald or more formally, the High Court of Tynwald is the legislature
of the Isle of Man
. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys
and the indirectly chosen Legislative Council
.
The Houses sit jointly, for largely ceremonial purposes, on Tynwald Day
at St John's, and usually once a month in the Legislative Buildings in Douglas
. Otherwise, the two Houses sit separately, with the House of Keys
originating most legislation, and the Legislative Council
acting as a revising chamber.
, is derived from the Old Norse word meaning the meeting place of the assembly, the field of the thing
.
presides, unless HM The Queen
as Lord of Mann
, or a member of the Royal Family
representing Her Majesty, is present. Here, all laws are promulgated and special petitions are received.
is not promulgated
at St John's within 18 months of passage, it becomes null and void.
or on a vote of no confidence in the Council of Ministers
.
When Tynwald votes by Branches, if a majority of each House approves, the motion is carried. If the Council vote ties, then the President of Tynwald casts the deciding vote in line with the majority vote of the Keys. However, if the Keys approves a motion but the Council disapproves, then the question can be put again at a different sitting. In this case, the vote is determined by a majority of all the members of Tynwald. If this occurs, the Keys, with its larger size, is likely to prevail.
, representing the Lord of Mann
, for Royal Assent. But if the Council rejects a bill or amends it against the Keys' wishes, the Keys has the power to repass the same bill, when the Council's approval is not required and the Bill is presented to the Lieutenant Governor for Royal Assent
.
Assent is granted (or refused) following consultation with the Ministry of Justice
in the UK.
raiders not yet permanently resident on the island) and having continued to be held since that time without interruption.
There are other parliaments which are undoubtedly older but these have not had a continuous existence. The Icelandic was established in 930 but abolished in 1800 and not re-founded until 1845. The Faroese is believed to be older than both Tynwald and Alþingi, having been established as early as the 9th century and recorded as an annual assembly in the 10th century. San Marino
also claims that its parliament
dates from AD 301, making it several centuries earlier than the claims of the Norse assemblies.
Tynwald's claim to have continuous existence as a legislative body is disputed. From the 11th to the 15th centuries, Tynwald was arguably a judicial court and did not create legislation. During the 15th and 16th centuries the process for creating legislation varied, and, as noted below, Tynwald does not appear to have functioned as a single legislative body during that period either.
In the 16th century the Keys met irregularly. They were akin to a jury which was summoned from time to time by the Lord of Mann or by the deemster
s when they required advice as to the law. In 1600 the Keys became a permanent body.
Until 1577, the Keys merely declared and interpreted the ancient common law when queries arose. This developed into the power to create new laws, a function that Tynwald adopted around 1610.
Following the restoration of the monarchy, control of the Island was returned to the Lords of Mann. The Keys saw a reduction in their power at this point, as Tynwald was reconstituted as "the Lord [of Mann], the Governor, the principal officers and the deemsters (who constitute the Lord's Council), and the Commons represented by their Keys."
Administration of the government was vested in a Governor, and the Lords of Mann became absentee landlords. The Keys were unhappy with the changes, and agreed to very few new laws.
In 1737, Tynwald obtained further powers in addition to its monopoly on law-making - the agreement of Tynwald would be required for all taxation, in imitation of the constitutional practice of Great Britain. This was a short-lived arrangement, as in 1765 the Lord of Mann sold his rights over the Island to the British Crown.
of the Lordship of Mann
into the British Crown
in 1765, the British government assumed all powers to impose and collect taxes. Tynwald was left with no money to spend, and little power, although it was still able to bring about social change by the repeal in 1771 of restrictive labour legislation.
As a result, the Keys asked the British government to dissolve Tynwald and to assent to legislation for a new elected parliament, which they hoped would have a stronger voice to challenge the new government of the Island, based in distant Whitehall. To this end, the Keys organised a petition of 800 signatures, which was presented to the British government.
A Royal Commission was appointed in 1791, but it was not until 1866 that Tynwald finally passed legislation that would see its members elected for the first time. However before 1866 Tynwald's primary function had been that of the Island's court of appeal. The House of Keys Election Act 1866 transferred this judicial power to a separate court.
on the Isle of Man was formed to examine the governance and finances of the island.
The Commissioners reported back to Whitehall
in 1792, stating that "The laws and ordinances that were enacted during the fifteenth and sixteenth centuries appear by the Manks Statute Book to have been prescribed by such different powers, or combination of powers, that as precedents of the exercise of legislative authority they can have but little weight." The Commission noted that only subsequent to this period was the practice of the Council and 24 Keys meeting together to enact legislation established as "the more regular mode of legislating".
The Royal Commission also noted that the earliest insular Manx laws on record dated from 1417 (the first Act on record being a restriction of the powers of the church to offer sanctuary
). This was after the arrival of the Stanley family as Lords of Mann. It also noted that the comprehensive Manx Statute Book dated from the year 1422 onwards. These were not necessarily the earliest laws passed, but any prior to this date were not recorded as Acts of Tynwald. Comparison can be made with other Parliaments in the British Isles of a similar period: the oldest recorded English Act was from 1229, Scotland 1424, and Ireland 1216 – although again there were prior laws that are now merely part of the unwritten common law
of each country.
The opening statement of the Statute Book was "Divers Ordinances, Statutes, and Customs, presented, reputed, and used for Laws in the Land of Mann, that were ratified, approved, and confirmed, as well by the Honourable Sir John Stanley, Knight, King and Lord of the same Land, and divers others his Predecessors, as by all Barons, Deemsters, Officers, Tenants, Inhabitants, and Commons of the same Land where the Lord's Right is declared in the following Words" ('divers' is an old word meaning 'various')
Furthermore, the Commissioners' report noted that prior to the revestment, no "minutes or journals" of the proceedings of the Council or the House of Keys had been kept.
and the abolition of indirectly elected Conseillers in Guernsey
. To date, no legislation has successfully passed through the House of Keys
.
long distance footpath was opened in 1979 to commemorate the millennium year of Tynwald.
Legislature
A legislature is a kind of deliberative assembly with the power to pass, amend, and repeal laws. The law created by a legislature is called legislation or statutory law. In addition to enacting laws, legislatures usually have exclusive authority to raise or lower taxes and adopt the budget and...
of the Isle of Man
Isle of Man
The Isle of Man , otherwise known simply as Mann , is a self-governing British Crown Dependency, located in the Irish Sea between the islands of Great Britain and Ireland, within the British Isles. The head of state is Queen Elizabeth II, who holds the title of Lord of Mann. The Lord of Mann is...
. It is claimed to be the oldest continuous parliamentary body in the world, consisting of the directly elected House of Keys
House of Keys
The House of Keys is the directly elected lower branch of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council....
and the indirectly chosen Legislative Council
Legislative Council of the Isle of Man
The Legislative Council is the upper chamber of Tynwald, the legislature of the Isle of Man.It consists of eleven Members —*eight elected members, known as Members of the Legislative Council or MLCs*three ex officio members:...
.
The Houses sit jointly, for largely ceremonial purposes, on Tynwald Day
Tynwald Day
Tynwald Day is the National Day of the Isle of Man, usually occurring on 5 July.On this day the Isle's legislature, Tynwald, meets at St John's, instead of its usual meeting place, Douglas. The session is held partly in the Royal Chapel of St John the Baptist and partly in the open air on the...
at St John's, and usually once a month in the Legislative Buildings in Douglas
Douglas, Isle of Man
right|thumb|250px|Douglas Promenade, which runs nearly the entire length of beachfront in Douglasright|thumb|250px|Sea terminal in DouglasDouglas is the capital and largest town of the Isle of Man, with a population of 26,218 people . It is located at the mouth of the River Douglas, and a sweeping...
. Otherwise, the two Houses sit separately, with the House of Keys
House of Keys
The House of Keys is the directly elected lower branch of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council....
originating most legislation, and the Legislative Council
Legislative Council of the Isle of Man
The Legislative Council is the upper chamber of Tynwald, the legislature of the Isle of Man.It consists of eleven Members —*eight elected members, known as Members of the Legislative Council or MLCs*three ex officio members:...
acting as a revising chamber.
Etymology
The name Tynwald, like the IcelandicIcelandic language
Icelandic is a North Germanic language, the main language of Iceland. Its closest relative is Faroese.Icelandic is an Indo-European language belonging to the North Germanic or Nordic branch of the Germanic languages. Historically, it was the westernmost of the Indo-European languages prior to the...
, is derived from the Old Norse word meaning the meeting place of the assembly, the field of the thing
Thing (assembly)
A thing was the governing assembly in Germanic and introduced into some Celtic societies, made up of the free people of the community and presided by lawspeakers, meeting in a place called a thingstead...
.
Tynwald Day
When Tynwald meets annually (normally on 5 July) at an open air ceremony at Tynwald Hill at St John's, the Lieutenant Governor of the Isle of ManLieutenant Governor of the Isle of Man
The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...
presides, unless HM The Queen
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
as Lord of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
, or a member of the Royal Family
Royal family
A royal family is the extended family of a king or queen regnant. The term imperial family appropriately describes the extended family of an emperor or empress, while the terms "ducal family", "grand ducal family" or "princely family" are more appropriate to describe the relatives of a reigning...
representing Her Majesty, is present. Here, all laws are promulgated and special petitions are received.
Promulgation
If an Act of TynwaldAct of Tynwald
An Act of Tynwald is a statute passed by Tynwald, the parliament of the Isle of Man.-Structure:Acts of Tynwald are structured in a similar format to Acts of the Parliament of the United Kingdom.-Commencement:...
is not promulgated
Promulgation
Promulgation is the act of formally proclaiming or declaring a new statutory or administrative law after its enactment. In some jurisdictions this additional step is necessary before the law can take effect....
at St John's within 18 months of passage, it becomes null and void.
Joint sittings
While Tynwald sits in Douglas, which occurs once a month from October to July, the President of Tynwald, who is chosen by the other members, presides. In the joint session:- Members of each house formally sign bills
- Notice of Royal Assent from the Lord of MannLord of MannThe title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
is received - Questions may be put to ministers
- Special resolutions authorizing taxes are made
- Delegated legislationDelegated legislationIn the United Kingdom, delegated legislation is legislation or law that is passed otherwise than in an Act of Parliament . Instead, an enabling Act confers a power to make delegated legislation on a Government Minister or another person or body...
made by Government departments may be approved or annulled - Petitions may be presented
- Other important public business is conducted
Voting
When Tynwald votes while meeting jointly, each Branch normally votes separately. In some cases however Tynwald votes as one body, e.g. when nominating the Chief MinisterChief Minister of the Isle of Man
The Chief Minister is the executive head of the Isle of Man Government.The office derives from that of Chairman of the Executive Council. Before 1980 the Executive Council was chaired by the Lieutenant Governor, but thereafter the chairman was elected by Tynwald, the parliament of the Isle of Man...
or on a vote of no confidence in the Council of Ministers
Council of Ministers of the Isle of Man
The Council of Ministers ) is the principal executive organ of the Isle of Man Government. Its role is similar to, though not identical with, that of the Cabinet in the United Kingdom...
.
When Tynwald votes by Branches, if a majority of each House approves, the motion is carried. If the Council vote ties, then the President of Tynwald casts the deciding vote in line with the majority vote of the Keys. However, if the Keys approves a motion but the Council disapproves, then the question can be put again at a different sitting. In this case, the vote is determined by a majority of all the members of Tynwald. If this occurs, the Keys, with its larger size, is likely to prevail.
Passage of legislation
Normally, both houses of Tynwald must pass a Bill before it goes to the sovereign or her representative Lieutenant GovernorLieutenant Governor of the Isle of Man
The Lieutenant Governor is the representative on the Isle of Man of the Lord of Mann . He/she has the power to grant Royal Assent and is styled His Excellency. In recent times the Governor has either been a retired diplomat or senior military officer...
, representing the Lord of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
, for Royal Assent. But if the Council rejects a bill or amends it against the Keys' wishes, the Keys has the power to repass the same bill, when the Council's approval is not required and the Bill is presented to the Lieutenant Governor for Royal Assent
Royal Assent
The granting of royal assent refers to the method by which any constitutional monarch formally approves and promulgates an act of his or her nation's parliament, thus making it a law...
.
Assent is granted (or refused) following consultation with the Ministry of Justice
Ministry of Justice (United Kingdom)
The Ministry of Justice is a ministerial department of the UK Government headed by the Secretary of State for Justice and Lord Chancellor, who is responsible for improvements to the justice system so that it better serves the public...
in the UK.
History of Tynwald
Tynwald is usually said in the Isle of Man to be the oldest parliament in continuous existence in the world, having been established by 979 (though its roots may go back to the late 9th century as the of NorseNorsemen
Norsemen is used to refer to the group of people as a whole who spoke what is now called the Old Norse language belonging to the North Germanic branch of Indo-European languages, especially Norwegian, Icelandic, Faroese, Swedish and Danish in their earlier forms.The meaning of Norseman was "people...
raiders not yet permanently resident on the island) and having continued to be held since that time without interruption.
There are other parliaments which are undoubtedly older but these have not had a continuous existence. The Icelandic was established in 930 but abolished in 1800 and not re-founded until 1845. The Faroese is believed to be older than both Tynwald and Alþingi, having been established as early as the 9th century and recorded as an annual assembly in the 10th century. San Marino
San Marino
San Marino, officially the Republic of San Marino , is a state situated on the Italian Peninsula on the eastern side of the Apennine Mountains. It is an enclave surrounded by Italy. Its size is just over with an estimated population of over 30,000. Its capital is the City of San Marino...
also claims that its parliament
Grand and General Council
The Grand and General Council is the parliament of San Marino. The council has 60 members elected for a five-year term.The electoral law was based on proportional representation from 1945 to 2007. Since then, it is based on the electoral system of Italian municipalities...
dates from AD 301, making it several centuries earlier than the claims of the Norse assemblies.
Tynwald's claim to have continuous existence as a legislative body is disputed. From the 11th to the 15th centuries, Tynwald was arguably a judicial court and did not create legislation. During the 15th and 16th centuries the process for creating legislation varied, and, as noted below, Tynwald does not appear to have functioned as a single legislative body during that period either.
Medieval period
Tynwald originally comprised only the 24 Members of the House of Keys, commonly referred to as 'the Keys'. Four members were present in the Keys for each of the six sheadings of the Island. The earliest surviving record of the Keys dates from 1422, whilst the earliest record of Tynwald dates from 1077. The Keys were not originally an elected body, and membership was for life. When a vacancy arose the remaining members selected the replacement member. In general, membership of the Keys passed down through the leading families on the Island.In the 16th century the Keys met irregularly. They were akin to a jury which was summoned from time to time by the Lord of Mann or by the deemster
Deemster
A deemster is a judge in the Isle of Man. The High Court of Justice of the Isle of Man is presided over by a deemster or, in the case of the appeal division of that court, a deemster and the Judge of Appeal...
s when they required advice as to the law. In 1600 the Keys became a permanent body.
Until 1577, the Keys merely declared and interpreted the ancient common law when queries arose. This developed into the power to create new laws, a function that Tynwald adopted around 1610.
17th and 18th centuries
In October 1651, during the English Civil War, the Island fell to the Parliamentary forces, who took over the administration of the government. During this period, Tynwald met only sporadically.Following the restoration of the monarchy, control of the Island was returned to the Lords of Mann. The Keys saw a reduction in their power at this point, as Tynwald was reconstituted as "the Lord [of Mann], the Governor, the principal officers and the deemsters (who constitute the Lord's Council), and the Commons represented by their Keys."
Administration of the government was vested in a Governor, and the Lords of Mann became absentee landlords. The Keys were unhappy with the changes, and agreed to very few new laws.
In 1737, Tynwald obtained further powers in addition to its monopoly on law-making - the agreement of Tynwald would be required for all taxation, in imitation of the constitutional practice of Great Britain. This was a short-lived arrangement, as in 1765 the Lord of Mann sold his rights over the Island to the British Crown.
Post-revestment
Following the revestmentIsle of Man Purchase Act 1765
The Isle of Man Purchase Act 1765 , also known as the Act of Revestment purchased the feudal rights of the Dukes of Atholl as Lords of Man over the Isle of Man, and revested them into the British Crown....
of the Lordship of Mann
Lord of Mann
The title Lord of Mann is used on the Isle of Man to refer to Queen Elizabeth II, who is the island's Lord Proprietor and head of state.-Relationship with the Crown:The title is not correctly used on its own...
into the British Crown
The Crown
The Crown is a corporation sole that in the Commonwealth realms and any provincial or state sub-divisions thereof represents the legal embodiment of governance, whether executive, legislative, or judicial...
in 1765, the British government assumed all powers to impose and collect taxes. Tynwald was left with no money to spend, and little power, although it was still able to bring about social change by the repeal in 1771 of restrictive labour legislation.
As a result, the Keys asked the British government to dissolve Tynwald and to assent to legislation for a new elected parliament, which they hoped would have a stronger voice to challenge the new government of the Island, based in distant Whitehall. To this end, the Keys organised a petition of 800 signatures, which was presented to the British government.
A Royal Commission was appointed in 1791, but it was not until 1866 that Tynwald finally passed legislation that would see its members elected for the first time. However before 1866 Tynwald's primary function had been that of the Island's court of appeal. The House of Keys Election Act 1866 transferred this judicial power to a separate court.
Royal Commission on the Isle of Man
In 1791 a Royal CommissionRoyal Commission
In Commonwealth realms and other monarchies a Royal Commission is a major ad-hoc formal public inquiry into a defined issue. They have been held in various countries such as the United Kingdom, Australia, Canada, New Zealand, and Saudi Arabia...
on the Isle of Man was formed to examine the governance and finances of the island.
The Commissioners reported back to Whitehall
Whitehall
Whitehall is a road in Westminster, in London, England. It is the main artery running north from Parliament Square, towards Charing Cross at the southern end of Trafalgar Square...
in 1792, stating that "The laws and ordinances that were enacted during the fifteenth and sixteenth centuries appear by the Manks Statute Book to have been prescribed by such different powers, or combination of powers, that as precedents of the exercise of legislative authority they can have but little weight." The Commission noted that only subsequent to this period was the practice of the Council and 24 Keys meeting together to enact legislation established as "the more regular mode of legislating".
The Royal Commission also noted that the earliest insular Manx laws on record dated from 1417 (the first Act on record being a restriction of the powers of the church to offer sanctuary
Sanctuary
A sanctuary is any place of safety. They may be categorized into human and non-human .- Religious sanctuary :A religious sanctuary can be a sacred place , or a consecrated area of a church or temple around its tabernacle or altar.- Sanctuary as a sacred place :#Sanctuary as a sacred place:#:In...
). This was after the arrival of the Stanley family as Lords of Mann. It also noted that the comprehensive Manx Statute Book dated from the year 1422 onwards. These were not necessarily the earliest laws passed, but any prior to this date were not recorded as Acts of Tynwald. Comparison can be made with other Parliaments in the British Isles of a similar period: the oldest recorded English Act was from 1229, Scotland 1424, and Ireland 1216 – although again there were prior laws that are now merely part of the unwritten common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
of each country.
The opening statement of the Statute Book was "Divers Ordinances, Statutes, and Customs, presented, reputed, and used for Laws in the Land of Mann, that were ratified, approved, and confirmed, as well by the Honourable Sir John Stanley, Knight, King and Lord of the same Land, and divers others his Predecessors, as by all Barons, Deemsters, Officers, Tenants, Inhabitants, and Commons of the same Land where the Lord's Right is declared in the following Words" ('divers' is an old word meaning 'various')
Furthermore, the Commissioners' report noted that prior to the revestment, no "minutes or journals" of the proceedings of the Council or the House of Keys had been kept.
Proposed changes
As of 2007, the Island's system of government is under review – there are plans to transform the Legislative Council into a directly-elected chamber, echoing the push for reform in the UK's House of LordsHouse of Lords
The House of Lords is the upper house of the Parliament of the United Kingdom. Like the House of Commons, it meets in the Palace of Westminster....
and the abolition of indirectly elected Conseillers in Guernsey
Guernsey
Guernsey, officially the Bailiwick of Guernsey is a British Crown dependency in the English Channel off the coast of Normandy.The Bailiwick, as a governing entity, embraces not only all 10 parishes on the Island of Guernsey, but also the islands of Herm, Jethou, Burhou, and Lihou and their islet...
. To date, no legislation has successfully passed through the House of Keys
House of Keys
The House of Keys is the directly elected lower branch of Tynwald, the parliament of the Isle of Man, the other branch being the Legislative Council....
.
Millennium Way
The Millennium WayMillennium Way
The Millennium Way is a long distance footpath on the Isle of Man. The path is approximately 28 miles in length, stretching between Castletown and Ramsey.The footpath was opened in 1979 to mark the thousandth year of the parliament of the Island, Tynwald....
long distance footpath was opened in 1979 to commemorate the millennium year of Tynwald.
Sources
5. Broderick, George (2003): 'Tynwald - a Manx cult-site and institution of pre-Scandinavian origin?'. Cambrian Medieval Celtic Studies 46 (Winter 2003): 55-94.External links
- Tynwald - The Parliament of the Isle of Man
- http://mhkstheyworkforyou.org/default.aspx Access to work & info of members of Tynwald