The Oxford Handbook of Caribbean Constitutions

The Oxford Handbook of Caribbean Constitutions
Author: Richard Albert
Publisher: Oxford University Press, USA
Total Pages: 753
Release: 2020-04-09
Genre: Law
ISBN: 0198793049

The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.0Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system,0and the independence of the judiciary.0Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.0This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.

Law’s Abnegation

Law’s Abnegation
Author: Adrian Vermeule
Publisher: Harvard University Press
Total Pages: 267
Release: 2016-11-14
Genre: Law
ISBN: 0674974719

Ronald Dworkin once imagined law as an empire and judges as its princes. But over time, the arc of law has bent steadily toward deference to the administrative state. Adrian Vermeule argues that law has freely abandoned its imperial pretensions, and has done so for internal legal reasons. In area after area, judges and lawyers, working out the logical implications of legal principles, have come to believe that administrators should be granted broad leeway to set policy, determine facts, interpret ambiguous statutes, and even define the boundaries of their own jurisdiction. Agencies have greater democratic legitimacy and technical competence to confront many issues than lawyers and judges do. And as the questions confronting the state involving climate change, terrorism, and biotechnology (to name a few) have become ever more complex, legal logic increasingly indicates that abnegation is the wisest course of action. As Law’s Abnegation makes clear, the state did not shove law out of the way. The judiciary voluntarily relegated itself to the margins of power. The last and greatest triumph of legalism was to depose itself.

Laws of Creation

Laws of Creation
Author: Ronald A. Cass
Publisher: Harvard University Press
Total Pages: 286
Release: 2013-01-01
Genre: Law
ISBN: 0674067649

Cass and Hylton explain how technological advances strengthen the case for intellectual property laws, and argue convincingly that IP laws help create a wealthier, more successful, more innovative society than alternative legal systems. Ignoring the social value of IP rights and making what others create “free” would be a costly mistake indeed.

Commonwealth Caribbean Family Law

Commonwealth Caribbean Family Law
Author: Karen Tesheira
Publisher: Routledge
Total Pages: 585
Release: 2016-06-10
Genre: Law
ISBN: 131762484X

This important new text is the product of several years of research of the family law of fifteen Commonwealth Caribbean jurisdictions. It is the first and only legal text that comprehensively covers all the main substantive areas of spousal family law, including marriage, divorce, financial support, property rights and domestic violence. The rights of the statutory spouse in the jurisdictions of Barbados, Belize, Guyana, Jamaica, and Trinidad and Tobago are examined, thus addressing, on a jurisdictional basis, an important area of spousal family that is seldom covered in English family law texts. The book also covers the number and variations of divorce regimes applicable to the region – the matrimonial offence divorce model of Guyana and Montserrat, the English five fact model of Trinidad and Tobago, Dominica, Grenada, Anguilla, and St Vincent and the Grenadines, the hybrid model of Antigua and Barbuda, Belize and St Kitts and Nevis, and the no fault model of Jamaica and Barbados. This book will prove an indispensable resource for law students and legal academics, as well as for family law practitioners across the English-speaking Caribbean. Other professionals, including sociologists and social workers, will also find the book useful and informative.

Offshore Financial Centres and the Law

Offshore Financial Centres and the Law
Author: Dominic Thomas-James
Publisher: Routledge
Total Pages: 133
Release: 2021-07-15
Genre: Business & Economics
ISBN: 1000411176

This book considers the ability of island jurisdictions with financial centres to meet the expectations of the international community in addressing the threats posed to themselves and others by their innocent (or otherwise) facilitation of the receipt of suspect wealth. In the global financial architecture, British Overseas Territories are of material significance. Through their inalienable right to self-determination, many developed offshore financial centres to achieve sustainable economic development. Focusing on Bermuda, Turks and Caicos, and Anguilla, the book concerns suspect wealth emanating from financial crimes including corruption, money laundering and tax evasion, as well as controversial conduct like tax avoidance. This work considers the viability of international standards on suspect wealth in the context of the territories, how willing or able they are to comply with them, and how their financial centres can better prevent receipt of suspect wealth. While universalism is desirable in the modern approach to tackling suspect wealth, a one-size-fits-all approach is inappropriate for these jurisdictions. On critically evaluating their legislative and regulatory regimes, the book advances that they demonstrate willingness to comply with international standards. However, their abilities and levels of compliance vary. In acknowledging the facilitatively harmful role the territories can play, this work draws upon evidence of implication in transnational financial crime cases. Notwithstanding this, the book questions whether the degree of criticism that these offshore jurisdictions have encountered is warranted in light of apparent willingness to engage in the enactment and administration of internationally accepted laws and cooperate with international institutions.

British Overseas Territories Law

British Overseas Territories Law
Author: Ian Hendry
Publisher: Bloomsbury Publishing
Total Pages: 431
Release: 2018-06-14
Genre: Law
ISBN: 1509918728

This is a manual of law and practice relating to the 14 remaining British overseas territories: Anguilla; Bermuda; British Antarctic Territory; British Indian Ocean Territory; Cayman Islands; Falkland Islands; Gibraltar; Montserrat; Pitcairn Islands; St Helena, Ascension and Tristan da Cunha; South Georgia and South Sandwich Islands; Sovereign Base Areas of Akrotiri and Dhekelia in Cyprus; Turks and Caicos Islands; and Virgin Islands. Most, if not all, of these territories are likely to remain British for the foreseeable future, and many have agreed modern constitutional arrangements with the British Government. This book provides a comprehensive description of the main elements of their governance in law and practice, and of the constitutional and international status of the territories. This long-awaited second edition provides a comprehensive update on the law governing overseas territories. It reflects the post-Brexit landscape, and covers the Extradition Act 2003 (Overseas Territories) Order 2016 and the Emergency Powers (Overseas Territories) Order 2017. In addition, it explores case law developments from Chagos Islanders v The United Kingdom to the Mauritius case concerning British Overseas Territory waters.