Constitutional Development In The Commonwealth Caribbean
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Author | : Richard Albert |
Publisher | : |
Total Pages | : 753 |
Release | : 2020 |
Genre | : Law |
ISBN | : 0198793049 |
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
Author | : Simeon C. R. McIntosh |
Publisher | : Ian Randle Publishers |
Total Pages | : 0 |
Release | : 2002 |
Genre | : Law |
ISBN | : 9789768167286 |
"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. "
Author | : Hamid A. Ghany |
Publisher | : |
Total Pages | : 190 |
Release | : 2018-03-16 |
Genre | : History |
ISBN | : 9789766379599 |
Ghany deconstructs and examines the differences between the Westminster-Whitehall constitutions of the Commonwealth Caribbean and the original Westminster model in the United Kingdom.
Author | : Tracy S. Robinson |
Publisher | : |
Total Pages | : 0 |
Release | : 2021 |
Genre | : Constitutional law |
ISBN | : 9780414089853 |
" ... [I]dentifies the key features of the constitutional systems in the twelve independent states and 6 overseas territories in the Anglophone Caribbean, discusses the foundational concepts associated with these constitutions, and reviews the development and reform of constitutional law in this region"--Back cover
Author | : Albert Fiadjoe |
Publisher | : Routledge |
Total Pages | : 321 |
Release | : 1999 |
Genre | : Law |
ISBN | : 1859414222 |
"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; these include the refining of the rules governing judicial review, recent cases dealing with the death penalty, and the likely impact of CARICOM initiatives on the rights of citizens." --Book Jacket.
Author | : Natalie Persadie |
Publisher | : Routledge |
Total Pages | : 448 |
Release | : 2010-04-20 |
Genre | : Law |
ISBN | : 1136974024 |
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.
Author | : Rose-Marie Belle Antoine |
Publisher | : Routledge |
Total Pages | : 487 |
Release | : 2008-06-03 |
Genre | : Law |
ISBN | : 113533384X |
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.
Author | : Hamid A. Ghany |
Publisher | : |
Total Pages | : 190 |
Release | : 2017 |
Genre | : |
ISBN | : 9789766379711 |
Author | : Cynthia Barrow-Giles |
Publisher | : Ian Randle Publishers |
Total Pages | : 580 |
Release | : 2003 |
Genre | : Business & Economics |
ISBN | : 9766371482 |
"The idea that the Caribbean could be devolving downward in wealth, function and sovereignty has become a recurrent theme in both academic and popular literature. By focusing on some of the current issues facing Caribbean nation states, the editors and contributors to this volume hope to inform and contribute to the ongoing debate on the broad themes of Sovereignty and Development and the prospects for survival of Caribbean nation states in a globalised world. While some of the papers seek to describe and analyse the range and complexity of the challenge to national sovereignty and public policy autonomy, others focus on issues relating to small country size, gender and ethnic tensions, security, constitutional reform and regional integration. The result is a balanced perspective; the contributors do not gloss over the problem faced by the region. At the same time they do not present a hyper-pessimistic picture of Caribbean development prospects. What gives the collection a particular dynamism is the way in which the authors have challenged the terrain of political possibilities traditionally defined for small peripheral socities. "
Author | : Charles Parkinson |
Publisher | : Oxford University Press |
Total Pages | : 314 |
Release | : 2007-11-22 |
Genre | : History |
ISBN | : 0199231931 |
"It presents an alternative perspective on the end of Empire by focusing upon one aspect of constitutional decolonization and the importance of the local legal culture in determining each dependency's constitutional settlement, and provides a series of empirical case studies on the incorporation of human rights instruments into domestic constitutions when negotiated between a state and its dependencies. More generally this book highlights Britain's human rights legacy to its former Empire."--BOOK JACKET.