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Abortion law in the Crown Dependencies: liberalisation in the UK's small, independent neighbours
Jordan A Parsons1, Alexandra Mullock2
1School of Law, Royal Holloway University of London, London, TW20 0EX, United Kingdom.
Abstract:
There has been significant exploration of UK abortion law variation in recent years. However, this comparative research has not extended to the neighbouring Crown Dependencies. The Isle of Man, Guernsey, and Jersey operate in unusual constitutional contexts, with more autonomy than the UK's devolved nations. Whilst they often match UK policy in many areas, this is not automatic. In this article, we examine recent progress the Crown Dependencies have made on abortion regulation. Following a brief constitutional background and overview of UK abortion law, we examine the differing ways all three Crown Dependencies have approached the question of abortion. Finally, drawing on these developments, we suggest a broader comparative approach in health law in the British Islands would be beneficial because of the significant social, legal, and medical links between the UK and the Crown Dependencies. We argue any characterisation of the Isle of Man, Guernsey, and/or Jersey as following the UK for policy direction is inaccurate where health policy questions involving fundamental moral choices are concerned. Instead, the Crown Dependencies have flexed their independence to show a pioneering approach to an important and morally sensitive matter of health law, providing useful insights other jurisdictions may benefit from.
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