Commonwealth Caribbean Public Law

Author: Albert Fiadjoe

Publisher: Routledge Cavendish

ISBN: 9781138128521

Category: Law

Page: 376

View: 9214

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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Commonwealth Caribbean Administrative Law

Author: Eddy Ventose

Publisher: Routledge

ISBN: 0415538734

Category: Law

Page: 454

View: 3115

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: 2776

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 Contract Law

Author: Gilbert Kodilinye,Maria Kodilinye

Publisher: Routledge

ISBN: 1135047553

Category: Law

Page: 374

View: 4325

The first textbook on Commonwealth Caribbean Contract law for undergraduate and sixth form students, Commonwealth Caribbean Contract Law is a new and unrivalled resource on the subject. This textbook utilises Caribbean Case Law and Statutory provisions to provide a clear and immersive path into the study of contract law from a Caribbean perspective. Encompassing topics that include misrepresentation, privity, and remedies, this book expertly introduces and explains the many aspects of contract law in the Caribbean. Written by a well-established textbook author and professor of law at Mona Campus, the textbook comprehensively covers all key principles of contractual obligations studied by undergraduate students, and is relevant to practitioners in a modern and accessible way. An invaluable reference, this book is essential reading for those with an academic or professional interest in contract law.
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Alternative Dispute Resolution

A Developing World Perspective

Author: Albert Fiadjoe

Publisher: Routledge

ISBN: 1135332096

Category: Law

Page: 180

View: 5528

This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
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Commonwealth Caribbean Constitutional Law

Author: Fred Phillips

Publisher: Routledge

ISBN: 1135338051

Category: Law

Page: 424

View: 2615

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 Property Law

Author: Gilbert Kodilinye

Publisher: Routledge

ISBN: 1317675762

Category: Law

Page: 352

View: 7021

Property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time. Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex core subject area. In this new edition, the book has been fully revised and updated to include important new case law from the various Caribbean jurisdictions and an expanded appendix of working documents. With comprehensive coverage of the main topics studied by undergraduates, such as Leases, Co-Ownership, Restrictive Covenants, Easements, Mortgages, and Land Sale, this textbook is essential reading for LLB students in Caribbean universities and students on CAPE Law courses. The extensive coverage of land law from a Caribbean perspective and analysis of the substantive laws of several jurisdictions will also make this text an invaluable reference tool for practitioners.
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Commonwealth Caribbean Criminal Practice and Procedure

Author: Dana S. Seetahal

Publisher: Routledge

ISBN: 1136674284

Category: Law

Page: 434

View: 494

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.
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Commonwealth Caribbean Law and Legal Systems

Author: Rose-Marie Belle Antoine

Publisher: Routledge Cavendish

ISBN: 9781138127623

Category:

Page: 488

View: 887

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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Commonwealth Caribbean Employment and Labour Law

Author: Natalie G.S. Corthésy,Carla-Anne Harris-Roper

Publisher: Routledge

ISBN: 1317701739

Category: Law

Page: 503

View: 520

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.
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Commonwealth Caribbean Company Law

Author: Andrew Burgess

Publisher: Routledge

ISBN: 113510767X

Category: Law

Page: 744

View: 3248

In the last twenty five years, company law in the Commonwealth Caribbean has undergone dramatic changes, from a model influenced by English law to a new, harmonised collection of regional legislation based on the Caricom and CLI model Acts that vary substantially across Caricom member states. The variation within Caribbean company law presents an enormous challenge, both in terms of the breadth of the subject and in addressing the difference in provisions of one state’s Company Law Act as opposed to another. Using the Caricom model Act and CLI model Act as a basis for its structure, Commonwealth Caribbean Company Law examines and compares regional implementation of company law in an accessible and comprehensive manner that will be invaluable to students and practitioners in the region.
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Commonwealth Caribbean Business Law

Author: Natalie Persadie,Rajendra Ramlogan

Publisher: Routledge

ISBN: 1317688783

Category: Law

Page: 476

View: 9009

Now in its third edition, Commonwealth Caribbean Business Law continues to break away from the traditional English approach of treating business law primarily as the law of contract and agency. Taking a panoramic view, it explores the foundation of various legal systems before examining areas of legal liability that affect business activities. These include areas such as contract law, tort law, criminal law, agency and internet law which present significant challenges confronting the business sector. The book primarily targets the development of business law principles in several Caribbean Commonwealth jurisdictions but, where appropriate, also embraces the jurisprudence of other Commonwealth nations, such as the United Kingdom, Canada and Australia. It also explores the United States as a non-Commonwealth jurisdiction, given the increasing importance in the Caribbean of judicial pronouncements relating to internet law from this territory. Using excerpts from key judgments, the book allows students, particularly those with a non-legal background, to understand key legal principles for business as presented by the judiciary and draws parallels between legal theory and business practice.
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CONTRACT LAW A COMMONWEALTH CARIBBEAN CASE BOOK

Author: Timothy A. Affonso

Publisher: Xlibris Corporation

ISBN: 1493127381

Category: Law

Page: N.A

View: 6296

“Contract Law: A Commonwealth Caribbean Case Book” focusses on contract law, as articulated by the jurists of the Commonwealth Caribbean region. Case law from across the region has been combed to source the cases identified in this text. The jurisdictions from which the cases have emanated span the full breadth of the Commonwealth Caribbean region. The quality of the judgments referenced and the clarity of expression of the legal principles by our regional jurists should greatly assist the young law student in his journey through this interesting area of law. The Caribbean jurisprudence in the area of contract law operates within statutory and common law boundaries. The absence of statutory intervention in some situations and the presence of legislation in others, makes this area of law unique in its operation. While it is important for students to be able to conduct research, there is a need for Commonwealth Caribbean resource material. This book seeks to achieve this objective. The wide body of contractual principles have been categorised into identifiable elements of contract law so as to guide a student through this vast area of law. I hope to underscore the essential nature of contract law to not only the law student’s arsenal of legal expertise, but also to his eventual practice of law. It is hoped that this book can assist in developing a genuine interest and understanding of contract law.
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Commonwealth Caribbean Tort Law

Author: Gilbert Kodilinye

Publisher: Routledge

ISBN: 1317935179

Category: Law

Page: 490

View: 2480

Tort law is a subject of primary importance in the study and practice of the common law in Caribbean jurisdictions. This work is now well established as the leading text on tort law in the region, and this fifth edition has been updated throughout to incorporate developments in law and legal thinking, including special contributions on medical negligence and the misuse of private information from the Hon Justice Roy Anderson and Dr Vanessa Kodilinye. The accessible writing style and integration of up-to-date material enables students to grasp the salient points and develop a thorough understanding of Tort Law in the Caribbean. Although conceived primarily as a text for the LLB degree courses in Caribbean universities, Commonwealth Caribbean Tort Law is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region. Legal practitioners will ?nd the book useful as a work of ready reference, and it will also be of interest to those business executives, industrialists, insurance agents and journalists who require some knowledge of this most important area of the law.
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Commonwealth Caribbean Land Law

Author: Sampson Owusu

Publisher: Commonwealth Caribbean Law

ISBN: 9781138127791

Category: Law

Page: 824

View: 6070

The first textbook to address land law as it relates to the Commonwealth Caribbean, it encompasses all areas covered in an undergraduate course on the law of real property in the Caribbean. Primary and secondary source material on the law of property in the whole of the Commonwealth Caribbean is made easily and readily accessible to law students and legal practitioners. Statutory provisions from all States are discussed in relation to each topic and the similarities and differences are highlighted. Extensive discussion and analysis of the decisions of the courts in the region are also included alongside an in-depth analysis and critical discussion of English case law that is relevant to the Caribbean. The examination of whether or not English case law should be followed in the region is relevant and interesting to anyone studying or practising law in other Commonwealth jurisdictions. Essential reading for undergraduate law students in the Caribbean, this text will also prove useful to those studying for the certificate of proficiency in the practice of law in the Commonwealth Caribbean, while the footnote references to statutory provisions are an invaluable aid to any researcher of Caribbean land law.
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Commonwealth Caribbean Corporate Governance

Author: Suzanne Ffolkes-Goldson

Publisher: Routledge

ISBN: 1317638026

Category: Law

Page: 236

View: 2105

Corporate governance initiatives have been developing at a rapid pace in the Commonwealth Caribbean through legislation, case law and codes. Commonwealth Caribbean Corporate Governance offers an overview of current practice and legal developments in corporate governance, highlighting the interpretation of the legislation through case law and the codes of corporate governance which have now been implemented. It also considers the challenges which emerging markets face in an attempt to adopt the corporate governance initiatives of developed markets. This text explores the emergence and development of corporate governance in the region from a range of angles, including the protection and empowerment of shareholders, the impact on government agencies, and the role and responsibilities of directors and officers in companies and in government agencies. Written by a panel of academics, legal practitioners and experts working in business, this book will be an invaluable resource for judges, lawyers, corporate executives and students of business, corporate law and corporate management.
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Principled Reasoning in Human Rights Adjudication

Author: Se-shauna Wheatle

Publisher: Bloomsbury Publishing

ISBN: 1782259821

Category: Law

Page: 224

View: 5894

Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
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Commonwealth Caribbean Law and Legal Systems

Author: Rose-Marie Belle Antoine

Publisher: Routledge

ISBN: 113533384X

Category: Law

Page: 488

View: 4238

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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The Constitutional Systems of the Commonwealth Caribbean

A Contextual Analysis

Author: Derek O'Brien

Publisher: Bloomsbury Publishing

ISBN: 1782253955

Category: Law

Page: 292

View: 877

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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