Commonwealth Caribbean Constitutional Law

Author: Fred Phillips
Editor: Routledge
ISBN: 1135338051
File Size: 39,42 MB
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This book includes the reforms proposed by the various Caribbean Commissions since 1985, making it a comprehensive guide to constitutional law in the Caribbean. It outlines sources of the law and developing changes in the doctrine of sovereignty of Parliament and the Conventions of the Constitution as well as in the role of the Public Service. There is also an expanded commentary on the Caribbean judiciary in which special reference is made to the proposed Caribbean Court of Justice.Caribbean Constitutional Law will be valuable to students of law and political science and practitioners wishing to renew their acquaintance with the basic concepts of constitutional law.

Commonwealth Caribbean Law And Legal Systems

Author: Rose-Marie Belle Antoine
Editor: Routledge
ISBN: 113533384X
File Size: 22,58 MB
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Fully updated and revised to fit in with the new laws and structure in the Commonwealth Caribbean law and legal systems, this new edition examines the institutions, structures and processes of the law in the Commonwealth Caribbean. The author explores: - the court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.

The Constitutional Systems Of The Commonwealth Caribbean

Author: Derek O'Brien
Editor: Bloomsbury Publishing
ISBN: 1849467536
File Size: 79,11 MB
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The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.

Commonwealth Caribbean Administrative Law

Author: Eddy Ventose
Editor: Routledge
ISBN: 0415538734
File Size: 62,54 MB
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Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. It considers the administrative machinery of Caribbean States; Parliament, the Executive and the Judiciary. It then examines the basis for judicial review of executive and administrative action in the Caribbean by looking at the statutory provisions that underpin this and the plethora of case law emerging from the region. The book will also look to how the courts in the Commonwealth Caribbean have sought to define principles of administrative law. This book will also consider the alternative methods by which the rights of citizens are protected, including the use of tribunals and inquiries, as well as looking forward to the increasingly significant role of Caribbean Community law and bodies such as CARICOM and the OECS.

Commonwealth Caribbean Business Law

Author: Natalie Persadie
Editor: Routledge
ISBN: 1136974016
File Size: 16,55 MB
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Commonwealth Caribbean Business Law breaks away from the traditional English approach of treating business law primarily as the law of contract and agency. The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities. These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia. With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors.

Judicial Review In The Commonwealth Caribbean

Author: Rajendra Ramlogan
Editor: Routledge
ISBN: 1136775609
File Size: 49,68 MB
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The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial review in the Caribbean for the first time, this book examines what judicial review is, before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean. Legal professionals in the Caribbean will find it a useful and comprehensive reference tool.

The Caribbean Integration Process

Author: Kenneth Hall
Editor: Ian Randle Publishers
ISBN: 9766373302
File Size: 73,21 MB
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"Ever since the collapse of the West Indies Federation in 1958, debate has raged on the subject of regional integration. In this collection, the contributors illustrate that Caribbean people s similarities far outweigh any drawbacks from their diversity. The survival and success of regional institutions in health, social services, youth empowerment, education and agriculture, among others, have served to create a common bond of understanding and appreciation of the oneness of the Caribbean people. While the regional integration movement is primarily an institutional activity, its success will depend largely on the impact on the people of the region by these institutions. The contributors argue that an approach which puts people a the centre of development is necessary for the construction and effective functioning of the CARICOM Single Market and Economy the linchpin of Caribbean survival in the new globalized dispensation. "

International Human Rights Law In The Commonwealth Caribbean

Author: Angela D. Byre
Editor: Martinus Nijhoff Publishers
ISBN: 9789024737857
File Size: 10,73 MB
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By Christina M. Cerna.

Commonwealth Caribbean Legal Systems

Author: Velma Newton
Editor:
ISBN:
File Size: 18,91 MB
Format: PDF
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Legal Literature And Conditions Affecting Legal Publishing In The Commonwealth Caribbean

Author: Velma Newton
Editor:
ISBN:
File Size: 72,40 MB
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Commonwealth Caribbean Public Law

Author: Albert Fiadjoe
Editor: Taylor & Francis
ISBN: 1000159353
File Size: 69,65 MB
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Taking a critical look at the major areas of constitutional and administrative law, Commonwealth Caribbean Public Law places a firm emphasis on the protection of citizens' rights and good governance. The third edition of this book builds on the success of the previous two editions, setting-out the established legal principles through Caribbean cases, along with critique and commentary of the law where appropriate. Contemporary issues and changes in Caribbean public law are addressed including: the refining of the rules governing judicial review; recent cases dealing with the death penalty; and the likely impact on CARICOM initiatives on the rights of citizens.

Commonwealth Caribbean Employment And Labour Law

Author: Natalie G.S. Corth├ęsy
Editor: Routledge
ISBN: 1317701747
File Size: 50,22 MB
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This new edition to the series will provide an up-to-date textbook covering a wide-range of employment and labour law issues which affect the Commonwealth Caribbean. Initially the book will embark on a comparative analysis of employment and labour law in Jamaica, Trinidad and Barbados, as a reference point for distinguishing the laws of other Commonwealth Caribbean jurisdictions. The book will continue to examine how the law operates within the legal systems of the Caribbean, taking into account the umbilical link to British jurisprudence and the persuasive precedent of other Commonwealth jurisdictions, and the impact this has had on the growth and development of the area. Commonwealth Caribbean Employment and Labour Law will be essential reading for students enrolled on Employment Law, Discrimination and Dismissal Law courses in the Caribbean.

Caribbean Constitutional Reform

Author: Simeon C. R. McIntosh
Editor: Caribbean Law Pub.
ISBN: 9789768167286
File Size: 26,63 MB
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"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region s constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region s political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of lawful devolution of sovereignty and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a new constitutional discourse shaped by a Caribbean court of final appeal. "

Commonwealth Caribbean Criminal Practice And Procedure

Author: Dana S. Seetahal
Editor: Routledge
ISBN: 1136674357
File Size: 46,77 MB
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The fourth edition of this best-selling book has been thoroughly revised to take into account recent developments in the law in criminal practice and procedure across the region. The only textbook that explores criminal practice and procedure as it relates to the Commonwealth Caribbean, the book clarifies the state law in each of 11 jurisdictions, at the same time making it clear when laws are the same or similar and highlighting where differences among jurisdictions occur. Both statute law and common law are examined in the relevant jurisdictions, which include Trinidad and Tobago, Guyana, Barbados, Jamaica and Grenada amongst others. The impact of statutory changes in the laws are analysed, as well as recent developments in the common law. Throughout the text the statutory law in the Commonwealth Caribbean is compared to similar English legislation, in the light of the analysis of such legislation in English case law. Commonwealth Caribbean Criminal Practice and Procedure is the recommended textbook for all profes- sional law schools in the Commonwealth Caribbean and is used at regional universities as a reference book for criminal justice students. In addition, as the only book that deals specifically with criminal practice and procedure in the regions, it has proved a valuable reference tool for legal practitioners, judicial officers and police officers.

Commonwealth Caribbean Law Of Trusts

Author: Gilbert Kodilinye
Editor: Cavendish Publishing
ISBN: 1843144484
File Size: 49,33 MB
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This text provides students with an introduction to the basic principles of the Commonwealth Caribbean law of trusts as exemplified by the West Indian perspective.

Caribbean Criminal Practice

Author: Seetahal
Editor: Cavendish Publishing
ISBN: 1843143003
File Size: 35,88 MB
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This is the first book of its kind in the Commonwealth Caribbean on Criminal Procedure. Furthermore it is written by someone who has over twenty years experience in the field: as a prosecutor for over a dozen years, as a magistrate, as a criminologist, a criminal justice consultant and finally as a law school lecturer. This book fills a lacuna in Commonwealth Caribbean jurisprudence in that there is currently no local or regional text on criminal practice and procedure. For too long students and practitioners have had to waste time to wade through English and other text in areas that are not even relevant in order to determine their application to these jurisdictions. The book provides a useful reference to clarify what the state of the statutory law is in the Caribbean when compared to similar areas in English law and to discuss the relevant statute and common law in specific areas. It is a text useful not only for law school students but criminal justice professionals such as lawyers and police officers as well.; The content of the book includes both the statute law and common law on criminal practice and procedure in most of the relevant jurisdictions, which include Trinidad Tobago, Guyana, Barbados, Jamaica and Grenada among others. Where the law is the same or similar in some jurisdictions this is emphasised in the text so as to avoid unnecessary repetition in discussion. Attempts will be made to identify specific differences in the laws of different jurisdictions despite their being many commonalities. Recent developments in these areas are also discussed and the impact of the statutory changes in some countries is assessed

Commonwealth Caribbean Law And Procedure

Author: Alina Kaczorowska-Ireland
Editor: Routledge
ISBN: 1000497356
File Size: 48,58 MB
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Commonwealth Caribbean Law and Procedure: The Referral Procedure under Article 214 RTC in the Light of EU and International Law is about the referral procedure set out in Article 214 of the Revised Treaty of Chaguaramas (RTC), which Treaty established the Caribbean Community Single Market and Economy (CSME). Article 214 RTC bears clear parallels to Article 267 of the Treaty on the Functioning of the European Union (TFEU), the most important being that that both articles pursue the same objective, i.e. they seek to ensure that CSME law and EU law, respectively, are uniformly applied in all Member States. Although Article 214 RTC was inspired by, and modelled on, Article 267 TFEU, it is not its exact replica. The similarities and differences between Article 214 RTC and Article 267 TFEU are critically assessed in this book. Also, the book: Examines how Article 214 RTC operates in the Caribbean context, how it interacts with other provisions of the RTC, and how it fits into the various national legal systems of the Member States of the CSME. Explores possible reasons why, so far, national courts of the Member States of the CSME have not made any referrals to the Caribbean Court of Justice (CCJ). Puts Article 214 RTC in a comparative perspective; in particular, the book compares and contrasts it with Article 267 TFEU. Examines some of the aspects of Article 214 RTC in the light of public international law, bearing in mind that under Article 217(1) RTC, the CCJ is required, when exercising its original jurisdiction under Article 211 RTC, to "apply such rules of international law as may be applicable." This is to ensure that the CCJ will not bring in a finding of non liquet on the ground of silence or obscurity of CSME law, which Article 217(2) RTC expressly prohibits. This book will be of interest to academics and students studying CSME law, EU law, and comparative law, as well as judges, lawyers, and governmental and non-governmental organizations from the Caribbean region.