Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law traces Caribbean legal thought and its development across many areas of law. Issues of administrative, constitutional, corporate and commercial, international, and labour law are explored in the context of the analyses of the Privy Council, the transnational dimensions of law and within the purview of the intrusive role of international law in domestic law.
Edited by David S. Berry and Tracy Robinson, Transitions in Caribbean Law is the first legal collection to truly critique the work of the Caribbean Court of Justice alongside that of the Privy Council. Through the examination of well known Caribbean cases, the contributors dispel the myth that Caribbean law is flawed and posit other legal reasoning that reconcile the foundation on which Caribbean Law is based with the unique needs and realities of the Caribbean.
Contributors: Kamille Adair Rose-Marie Antoine David S. Berry Arif Bulkan Margaret Demerieux Suzanne Goldson Leighton M. Jackson Tracy Robinson Godfrey P. Smith Eddy D. Ventose Lesley A. Walcott
- Table of Contents
- Transitions in Caribbean Law: An Introduction
- I. LAWMAKING IN THE CARIBBEAN
- Fi We Law: The Emergence of Caribbean Jurisprudence and the Doctrine of Precedent
- Corporate Governance: One Size Fits All?
- Expanding the Purview of Accountability in Employment by the State
- More Questions Than Answers? Caribbean Jurisprudence on the Duty of Uberrimae Fides
- II. THE CONFLUENCE OF INTERNATIONAL AND DOMESTIC LAW
- The Use of International Law by Domestic Tribunals in the Caribbean in Death Penalty Cases
- Legitimate Expectations, International Treaties and the Caribbean Court of Justice
- Human Trafficking Legislation in the Commonwealth Caribbean: Effective or Effected?
- III. THE HABITS OF CONSTITUTIONALISM
- The Common Law and the Litigation of Fundamental Rights and Freedoms Before the Privy Council
- Judicial Independence as an Indispensable Feature of the Rule of Law and Democracy: Implications for the Commonwealth Caribbean
- Constitutionalism in Belize: Lessons for the Commonwealth Caribbean?
- Our Inherent Constitution