The Judicial Committee Of The Privy Council And The Caribbean Court Of Justice

Author : Harold A. Young
Publisher : Rowman & Littlefield
Page : 161 pages
File Size : 53,7 Mb
Release : 2020-07-31
Category : Law
ISBN : 9781498586955

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The Judicial Committee of the Privy Council and the Caribbean Court of Justice by Harold A. Young Pdf

Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

Author : Delano Franklyn
Publisher : Ian Randle Publishers
Page : 365 pages
File Size : 42,5 Mb
Release : 2005
Category : Appellate courts
ISBN : 9789766372040

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We Want Justice by Delano Franklyn Pdf

"The debate in Jamaica regarding the replacement of the Judical Committee of the the Privy Council (JCPC) with the Caribbean Court of Justice (CCJ) has dominated public discussion from some time. We Want Justice documents the presentations made by representatives of government and opposition during the debate pn the resolutions tabled in the Houses of Parliament in 2003, calling on members to express their support for the ratification by Jamaica of the agreement to establish the CCJ. The presentations are accompanied by four other papers, written by persons outside of parliament, as well as a copy of the agreement establishing the CCJ. "

Author : Duke E. Pollard
Publisher : Ian Randle Publishers
Page : 384 pages
File Size : 41,7 Mb
Release : 2004
Category : Law
ISBN : 9789768167415

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The Caribbean Court of Justice by Duke E. Pollard Pdf

"What do we really know about the impending Caribbean Court of Justice? The vexed issue of the Court's establishment has been the subject of much debate but how much of this debate is informed by the facts? This book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. In a comprehensive yet clear and concise style, the reader is given a background to the more contentious issues such as the funding of the Court, its constitutionality, its original and appellate jurisdiction and the process of delinking from the Privy Council. The exposition and analysis is complemented by an Appendix which includes the Agreements Establishing the Caribbean Court of Justice and the CCJ Trust Fund as well as the accords concerning the Regional Judicial and Legal Services Commission. "

Author : Selwyn D. Ryan
Publisher : Unknown
Page : 262 pages
File Size : 43,7 Mb
Release : 2001
Category : Judges
ISBN : UTEXAS:059173012169149

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The Judiciary and Governance in the Caribbean by Selwyn D. Ryan Pdf

Author : Rajendra Ramlogan
Publisher : Routledge
Page : 344 pages
File Size : 40,8 Mb
Release : 2013-01-11
Category : Law
ISBN : 9781136775604

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Judicial Review in the Commonwealth Caribbean by Rajendra Ramlogan Pdf

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.

Author : Cheryl Thompson-Barrow
Publisher : Commonwealth Secretariat
Page : 88 pages
File Size : 50,5 Mb
Release : 2008
Category : Law
ISBN : 0850928826

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Bringing Justice Home by Cheryl Thompson-Barrow Pdf

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.

Author : P. A. Howell
Publisher : Cambridge University Press
Page : 286 pages
File Size : 44,7 Mb
Release : 2008-10-14
Category : History
ISBN : 0521085594

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The Judicial Committee of the Privy Council 1833-1876 by P. A. Howell Pdf

In the nineteenth century, the Judicial Committee of the Privy Council held sway over the lives, liberties and property of more than a quarter of the world's inhabitants.

Author : William Francis Finlason
Publisher : Unknown
Page : 218 pages
File Size : 48,5 Mb
Release : 1878
Category : Ecclesiastical law
ISBN : OXFORD:590369501

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The Judicial Committee of the Privy Council by William Francis Finlason Pdf

Author : William Macpherson
Publisher : Unknown
Page : 148 pages
File Size : 52,7 Mb
Release : 1860
Category : Electronic
ISBN : BL:A0026560736

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The Practice of the Judicial Committee of Her Majesty's Most Honorable Privy Council. (Appendix.). by William Macpherson Pdf

Author : Great Britain. Privy Council. Judicial Committee,Edmund F. Moore
Publisher : Unknown
Page : 544 pages
File Size : 54,7 Mb
Release : 1850
Category : Law reports, digests, etc
ISBN : STANFORD:36105062855726

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Reports of Cases Heard and Determined by the Judicial Committee and the Lords of His Majesty's Most Honourable Privy Council by Great Britain. Privy Council. Judicial Committee,Edmund F. Moore Pdf

Author : Great Britain. Privy Council. Judicial Committee,Edmund F. Moore
Publisher : Unknown
Page : 598 pages
File Size : 40,7 Mb
Release : 1870
Category : Law reports, digests, etc
ISBN : STANFORD:36105063534114

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Reports of Cases Heard and Determined by the Judicial Committee and the Lords of Her Majesty's Most Honourable Privy Council by Great Britain. Privy Council. Judicial Committee,Edmund F. Moore Pdf

Author : David S. Berry
Publisher : OUP Oxford
Page : 512 pages
File Size : 54,6 Mb
Release : 2014-02-27
Category : Law
ISBN : 9780191649158

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Caribbean Integration Law by David S. Berry Pdf

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.

Author : Sherese Chee Mook
Publisher : Unknown
Page : 106 pages
File Size : 55,8 Mb
Release : 2010-10-17
Category : Appellate courts
ISBN : 1453719490

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Sovereignty Deconstructed and Self-definition Revisited: A Perspective on the Abolition Or Retention of the Privy Council as the Final Court of Appeal for Trinidad and Tobago by Sherese Chee Mook Pdf

Abstract: During the 1960s, in the period immediately following Independence, when Commonwealth countries attained independence from Britain, their post-Independence Constitutions retained the Judicial Committee of the Privy Council (JCPC) as their final appellate court. Today with few exceptions, the jurisdiction of the JCPC continues to be limited by the Constitutions of the majority of those Commonwealth countries. Fraught with arguments that the retention of appeals to the Judicial Committee of the Privy Council (JCPC) is incompatible with the exercise of sovereignty, perspectives are divided between those who are in favour of a Caribbean Court of Justice (CCJ) to replace the appellate jurisdiction of the JCPC, and those who are against on account of fears that such a Court would lack an exceptional calibre of judges and be subject to political manipulation by the Governments of contracting countries. However, the eventual establishment of the CCJ coincided with a spate of death penalty decisions from the JCPC which received unfavourable reaction from the Governments of the Commonwealth Caribbean region and which also had immediate and far-reaching effects. Beleaguered with claims that the regional Governments wanted to create 'a hanging court,' so as to realize their policy decisions, proponents of the Court responded by focusing on the wider issue of forging a Caribbean jurisprudence in the interest of an integrated Caribbean Community. In tandem with these competing views, the concepts of sovereignty and self-definition which are of primordial significance to the discussions are deconstructed, unbundled and revisited.This book is a valuable contribution to the ongoing debate.

Author : Peter Anthony Howell
Publisher : Unknown
Page : 0 pages
File Size : 53,6 Mb
Release : 1979
Category : Electronic
ISBN : OCLC:163369951

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The Judicial Committee of the Privy Council, 1833-1876 by Peter Anthony Howell Pdf

Author : Richard Albert,Se-shauna Wheatle,Derek O'Brien
Publisher : Oxford University Press, USA
Page : 753 pages
File Size : 55,6 Mb
Release : 2020-04-09
Category : Law
ISBN : 9780198793045

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The Oxford Handbook of Caribbean Constitutions by Richard Albert,Se-shauna Wheatle,Derek O'Brien Pdf

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.