The Constitutional Systems of the Commonwealth Caribbean

A Contextual Analysis

Author: Derek O'Brien

Publisher: Bloomsbury Publishing

ISBN: 1849467536

Category: Law

Page: 292

View: 9836

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: 1135333858

Category: Law

Page: 488

View: 8944

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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Social Studies for the Caribbean

CXC Core Units and Options

Author: B.A. Rohlehr

Publisher: Heinemann

ISBN: 9780435984076

Category: Caribbean Area

Page: 222

View: 7985

Fully meets the requirements of the latest CSEC® syllabus - Complete coverage of the core options, plus the options in communications, tourism and consumer affairs, including co-operatives - Practical guidance on how to approach the School-Based Assessment and on the alternative to the School-Based Assessment - Activities develop Social Studies skills and exam practice questions help students prepare for their exam
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Commonwealth Caribbean Business Law

Author: Natalie Persadie,Rajendra Ramlogan

Publisher: Routledge

ISBN: 1136974016

Category: Law

Page: 428

View: 9308

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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Commonwealth Caribbean Criminal Practice and Procedure

Author: Dana S. Seetahal

Publisher: Routledge

ISBN: 1136674284

Category: Law

Page: 434

View: 8786

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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Education in the Commonwealth Caribbean and Netherlands Antilles

Author: Emel Thomas

Publisher: A&C Black

ISBN: 1623564301

Category: Education

Page: 432

View: 1303

Education in the Commonwealth Caribbean and Netherlands Antilles provides a contemporary survey of education development and key educational issues in the region. The chapters cover: Anguilla, Antigua and Barbuda, the Bahamas, Barbados, Belize, Bermuda, the British Virgin Islands, the Cayman Islands, Dominica, Grenada, Guyana, Jamaica, the Netherlands Antilles (Aruba, Bonaire, Curacao, Saba, Saint Eustatius and Saint Maarteen), Montserrat, Saint Kitts and Nevis, Saint Lucia, Saint Vincent and the Grenadines, Surinam, Trinidad and Tobago, and the Turks and Caicos Islands. The book includes discussions of the impact of local, regional and global occurrences, including social, political and geographical events, on education systems and schooling in the region. As a whole, the book provides a comprehensive reference resource for contemporary education policies in the Caribbean, and explores some of the problems these countries face during the process of development. It is an essential reference for researchers, scholars, international agencies and policy-makers at all levels.
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International Encyclopedia of Comparative Law

Instalment 37

Author: K. Zweigert

Publisher: Brill Archive

ISBN: N.A

Category: Law

Page: 572

View: 5967

No Sales rights in German-speaking countries, Eastern Europe, Portugal, Spain, Italy, Greece, South and Central America
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Commonwealth Caribbean Administrative Law

Author: Eddy Ventose

Publisher: Routledge

ISBN: 0415538734

Category: Law

Page: 454

View: 4433

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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The Global Decline of the Mandatory Death Penalty

Constitutional Jurisprudence and Legislative Reform in Africa, Asia, and the Caribbean

Author: Professor Andrew Novak

Publisher: Ashgate Publishing, Ltd.

ISBN: 1472423275

Category: Political Science

Page: 200

View: 1568

Historically, at English common law, the death penalty was mandatory for the crime of murder and other violent felonies. Over the last three decades, however, many former British colonies have reformed their capital punishment regimes to permit judicial sentencing discretion, including consideration of mitigating factors. Applying a comparative analysis to the law of capital punishment, Novak examines the constitutional jurisprudence and resulting legislative reform in the Caribbean, Sub-Saharan Africa, and South and Southeast Asia, focusing on the rapid retreat of the mandatory death penalty in the Commonwealth over the last thirty years. The coordinated mandatory death penalty challenges - which have had the consequence of greatly reducing the world’s death row population - represent a case study of how a small group of lawyers can sponsor human rights litigation that incorporates international human rights law into domestic constitutional jurisprudence, ultimately harmonizing criminal justice regimes across borders. This book is essential reading for anyone interested in the study and development of human rights and capital punishment, as well as those exploring the contours of comparative criminal justice.
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Caribbean Integration Law

Author: David S. Berry

Publisher: OUP Oxford

ISBN: 0191649163

Category: Law

Page: 512

View: 4189

Caribbean Integration Law offers a comprehensive legal analysis of the current treaties and rules governing the two main regional organisations in the Caribbean, the Caribbean Community (CARICOM) and the Organisation of Eastern Caribbean States (OECS). Both organisations are operating under new treaties, the Revised Treaty of Chaguaramas and the Revised Treaty of Basseterre, respectively, which created the CARICOM Single Market and Economy, and the OECS Economic Union. The single market and economic union were built upon principles of free movement of goods, labour, and capital, and a common external tariff. This book reviews the foundations of Caribbean regional integration, the institutional frameworks of the two regional organisations, and fleshes out the scope and context of the legal systems created by the treaties. It also reviews the dispute settlement mechanisms under both treaties, including the increasingly active role of the Caribbean Court of Justice, which allows persons to enforce their treaty rights directly before the Court. The book offers selective comparisons to the current rules governing the European Union, and integrates crucial insights from the field of public international law, including the law of treaties and international institutional law.
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Bills of Rights and Decolonization

The Emergence of Domestic Human Rights Instruments in Britain's Overseas Territories

Author: Charles Parkinson

Publisher: Oxford University Press

ISBN: 0199231931

Category: History

Page: 299

View: 6715

This book analyzes the British Government's radical change in policy during the late 1950s on the use of bills of rights in colonial territories nearing independence. It explores the political dimensions of securing the protection of human rights at the point of gaining independence, and the peaceful transfer of power through constitutional means.
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Dependency and Socialism in the Modern Caribbean

Superpower Intervention in Guyana, Jamaica, and Grenada, 1970-1985

Author: Euclid A. Rose

Publisher: Lexington Books

ISBN: 9780739104484

Category: Political Science

Page: 450

View: 4019

Was the Anglophone Caribbean condemned by its colonial history to permanent conditions of dependency and by Cold War geopolitical realities to international interventionism? In Dependency and Socialism in the Modern Caribbean Euclid Rose focuses upon the efforts made by the English-speaking Caribbean through case studies that compare and contrast the political economies of Guyana, Jamaica, and Grenada to break out of the legacy of colonial dependency and underdevelopment through the implementation of a Caribbean brand of socialism. The work considers the Caribbean's adoption of Fabian-style socialism as an alternative to capitalist development and how these socialist policies were impacted by differences in infrastructure capacity, economic and social resources and political agendas. It highlights the pivotal role of race and class, and the hitherto little studied impact of religion, on the region's political economy. Moreover, the study calculates the impact of the global economy upon Caribbean socio-economic conditions, and the ideological, geopolitical, and strategic implications of the Cold War and the Caribbean's socialist alignment on the nature, character, and intensity of British and American interventionism in the region. A must read for political economists in search of a greater understanding of the postcolonial political economy of the Caribbean and Latin America."
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Encyclopedia of Democratic Thought

Author: Paul Barry Clarke,Joe Foweraker

Publisher: Routledge

ISBN: 1136908633

Category: Political Science

Page: 768

View: 7170

Containing almost 200 entries from 'accountability' to the 'Westminster model' the Encyclopedia of Democratic Thought explores all the ideas that matter to democracy past, present and future. It is destined to become the first port-of-call for all students, teachers and researchers of political science interested in democratic ideas, democratic practice, and the quality of democratic governance. The Encyclopedia provides extensive coverage of all the key concepts of democratic thought written by a stellar team of distinguished international contributors. The Encyclopedia draws on every tradition of democratic thought, as well as developing new thinking, in order to provide full coverage of the key democratic concepts and engage with their practical implications for the conduct of democratic politics in the world today. In this way, it brings every kind of democratic thinking to bear on the challenges facing contemporary democracies and on the possibilities of the democratic future. The Encyclopedia is global in scope and responds in detail to the democratic revolution of recent decades. Referring both to the established democratic states of Western Europe, North America and Australasia, and to the recent democracies of Latin America, Eastern and Central Europe, Africa and Asia, classical democratic concerns are related to new democracies, and to important changes in the older democracies. Supplemented by full bibliographical information, extensive cross-referencing and suggestions for further reading, the Encyclopedia of Democratic Thought is a unique work of reference combining the expertise of many of the world's leading political scientists, political sociologists and political philosophers. It will be welcomed as an essential resource for both teaching and for independent study, and as a solid starting point both for further research and wider exploration.
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Bringing Justice Home

The Road to Final Appellate and Regional Court Establishment

Author: Cheryl Thompson-Barrow

Publisher: Commonwealth Secretariat

ISBN: 9780850928822

Category: Law

Page: 72

View: 7358

Until recently, smaller Commonwealth jurisdictions have turned to the Judicial Committee of the Privy Council in London as their final court of appeal. Now more and more countries have amended their constitutional arrangements to bring the final court of appeal closer to home. Cheryl Thompson-Barrow charts the experience of a number of countries and looks at the different ways in which alternative appeals processes have been set up, comparing the approach taken by countries like Australia and New Zealand with that taken in parts of the Caribbean. She makes recommendations for future good practice in the establishment and administration of final courts of appeal, based on discussions by Commonwealth law ministers and senior officials over the period 2003 to 2007.
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Caribbean justice for all

the case for a Caribbean regional court

Author: Hugh Rawlins,Rose-Marie Belle Antoine,David Berry,University of the West Indies (Cave Hill, Barbados). Faculty of Law

Publisher: N.A

ISBN: N.A

Category: Law

Page: 141

View: 4406

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South America, Central America and the Caribbean 2002

Author: Ed 2002 10th

Publisher: Psychology Press

ISBN: 9781857431216

Category: Reference

Page: 930

View: 7361

Introductory surveys cover topics of regional importance; individual country chapters include analysis, statistics, and directory information; a directory and information on regional organizations
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The Death Penalty

A Worldwide Perspective

Author: Roger Hood,Carolyn Hoyle

Publisher: OUP Oxford

ISBN: 0191005312

Category: Political Science

Page: 480

View: 1397

The fifth edition of this highly praised study charts and explains the progress that continues to be made towards the goal of worldwide abolition of the death penalty. The majority of nations have now abolished the death penalty and the number of executions has dropped in almost all countries where abolition has not yet taken place. Emphasising the impact of international human rights principles and evidence of abuse, the authors examine how this has fuelled challenges to the death penalty and they analyse and appraise the likely obstacles, political and cultural, to further abolition. They discuss the cruel realities of the death penalty and the failure of international standards always to ensure fair trials and to avoid arbitrariness, discrimination and conviction of the innocent: all violations of the right to life. They provide further evidence of the lack of a general deterrent effect; shed new light on the influence and limits of public opinion; and argue that substituting for the death penalty life imprisonment without parole raises many similar human rights concerns. This edition provides a strong intellectual and evidential basis for regarding capital punishment as undeniably cruel, inhuman and degrading. Widely relied upon and fully updated to reflect the current state of affairs worldwide, this is an invaluable resource for all those who study the death penalty and work towards its removal as an international goal.
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Decolonising the Caribbean

Dutch Policies in a Comparative Perspective

Author: Gert Oostindie,Inge Klinkers

Publisher: Amsterdam University Press

ISBN: 9789053566541

Category: Political Science

Page: 291

View: 2032

Annotation Elizabeth A. Kaye specializes in communications as part of her coaching and consulting practice. She has edited Requirements for Certification since the 2000-01 edition.
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