Commonwealth Caribbean Constitutional Law

Author: Fred Phillips

Publisher: Routledge

ISBN: 1135338051

Category: Law

Page: 424

View: 3019

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.
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Commonwealth Caribbean Public Law

Author: Albert Fiadjoe,Albert K. Fiadjoe

Publisher: Routledge

ISBN: 1859414222

Category: Law

Page: 321

View: 353

"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.
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Caribbean Constitutional Reform

Rethinking the West Indian Polity

Author: Simeon C. R. McIntosh

Publisher: Caribbean Law Pub.

ISBN: 9789768167286

Category: Constitutional history

Page: 368

View: 1251

"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. "
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Commonwealth Caribbean Public Law

Author: Albert K. Fiadjoe

Publisher: Routledge Cavendish

ISBN: 9781859416327

Category: Law

Page: 332

View: 1750

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.
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The Constitutional Systems of the Commonwealth Caribbean

A Contextual Analysis

Author: Derek O'Brien

Publisher: Bloomsbury Publishing

ISBN: 1782253955

Category: Law

Page: 292

View: 9722

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.
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Commonwealth Caribbean Law and Legal Systems

Author: Rose-Marie Belle Antoine

Publisher: Routledge

ISBN: 113533384X

Category: Law

Page: 488

View: 8196

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.
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Demokratische Gesetzgebung in der Europäischen Union

Theorie und Praxis der dualen Legitimationsstruktur europäischer Hoheitsgewalt

Author: Jelena von Achenbach

Publisher: Springer-Verlag

ISBN: 364223917X

Category: Law

Page: 522

View: 9030

Das Mitentscheidungsverfahren (Art. 294 AEUV) ist seit dem Vertrag von Lissabon das ordentliche Gesetzgebungsverfahren der Europäischen Union. Mit der Monographie wird die Co-Gesetzgeberschaft von Europäischem Parlament und Rat als Mittel der demokratischen Legitimation europäischer Gesetzgebung untersucht. Im Zentrum steht dabei eine demokratietheoretische Auseinandersetzung mit dem Modell der dualen demokratischen Legitimation europäischer Hoheitsgewalt, das mit Art. 10 EUV nunmehr im Demokratieprinzip der Union verankert ist. Daneben steht eine empirisch gestützte Untersuchung der Praxis des Mitentscheidungsverfahrens, die sich insbesondere der zunehmenden Informalisierung des Gesetzgebungsprozesses („Triloge“) kritisch widmet.
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Commonwealth Caribbean Administrative Law

Author: Eddy Ventose

Publisher: Routledge

ISBN: 0415538734

Category: Law

Page: 454

View: 8104

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.
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Judicial Review in the Commonwealth Caribbean

Author: Rajendra Ramlogan

Publisher: Routledge

ISBN: 1136775609

Category: Law

Page: 344

View: 8237

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.
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Commonwealth Caribbean Criminal Practice and Procedure

Author: Dana S. Seetahal

Publisher: Routledge Cavendish

ISBN: N.A

Category: Law

Page: 423

View: 8062

This is the first textbook to deal with criminal practice and procedure as it relates to the Caribbean. The text clarifies the state law in each jurisdiction, making it clear when laws are the same or similar and statutory law in the Caribbean is compared to English Law throughout. Statute law and common law are examined in the relevant jurisdictions including Trinidad, Tobago, Guyana, Barbados, Jamaica and Grenada among others. Although the laws of each jurisdiction have many things in common, Seetahal makes it clear when differences in laws between the jurisdictions apply. The impact of statutory changes are also analyzed alongside recent developments. Revised throughout, this new edition addresses the recent changes in law in St Lucia and the Bahamas bringing this popular text right up-to-date. Although written for law students, as the only book which deals specifically with criminal practice and procedure in the Caribbean, it is also a useful reference tool for criminal justice professionals.
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Fundamental Rights and Democratic Governance

Essays in Caribbean Jurisprudence

Author: Simeon C. R. McIntosh

Publisher: Ian Randle Publishers

ISBN: 9768167432

Category: Capital punishment

Page: 340

View: 1222

"The Caribbean Community (CARICOM) has assumed a greater role in guiding and coordinating the affairs of its member states. The introduction of the CARICOM Single Market and Economy (CSME) and the Caribbean Court of Justice (CCJ) bring the quest for democratic governance into sharp relief. Using Caribbean cases, Simeon McIntosh discusses the fundamental rights and freedoms of speech and of the press, freedom of religion and freedom form inhuman and degrading punishment. He examines the protection of these rights and freedoms in the light of changes in society, social progress and other developments in the Commonwealth Caribbean within the context of the CSME and the CCJ. Fundamental Rights and Democratic Governance is the first body of work to give serious philosophical treatment to the question of fundamental rights in the Caribbean. In this second instalment on Caribbean Constitutionalism, McIntosh builds on his earlier work, Caribbean Constitutional Reform: Rethinking the West Indian Polity, in laying the theoretical justification for the Caribbean Court of Justice. "
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Commonwealth Caribbean Business Law

Author: Natalie Persadie,Rajendra Ramlogan

Publisher: Routledge

ISBN: 1136974016

Category: Law

Page: 428

View: 5865

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.
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The Caribbean Integration Process

A People Centred Approach

Author: Kenneth Hall,Myrtle Chuck-A-Sang

Publisher: Ian Randle Publishers

ISBN: 9766373302

Category: Caribbean Area

Page: 203

View: 473

"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. "
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Jenseits der Menschenrechte

Die Rechtsstellung des Individuums im Völkerrecht

Author: Anne Peters

Publisher: Mohr Siebeck

ISBN: 9783161527494

Category: Law

Page: 559

View: 3254

Grundthese des Buches ist, dass ein Paradigmenwechsel stattgefunden hat, der den Menschen zum primaren Volkerrechtssubjekt macht. Diese These wird vor dem Hintergrund der Ideengeschichte und Dogmatik der Volkerrechtspersonlichkeit des Menschen entfaltet und auf die Rechtspraxis in zahlreichen Teilrechtsgebieten, angefangen vom Recht der internationalen Verantwortung uber das Recht des bewaffneten Konflikts, das Recht der Katastrophenhilfe, das internationale Strafrecht, das internationale Umweltrecht, das Konsularrecht und das Recht des diplomatischen Schutzes, das internationale Arbeitsrecht, das Fluchtlingsrecht bis hin zum internationalen Investitionsschutzrecht gestutzt. Der neue Volkerrechtsstatus des Menschen wird mit dem Begriff des subjektiven internationalen Rechts auf den Punkt gebracht.
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