Commonwealth Caribbean Law and Legal Systems

by Belle Antoine; Rose-Marie

• ISBN13: 9781859418536
• ISBN10: 1859418538
• Edition: 2nd
• Format: Nonspecific Binding
• Copyright: 2006-07-01
• Publisher: Routledge-Caven

Summary

Fully updated and revised to fit in with any new laws and structure in the 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 offshore legal sector international law as a source of law alternative dispute mechanisms the law and its relation to indigenous peoples of the Commonwealth Caribbean the significance of the historical continuum to the jurisprudence of the region. Effortlessly combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean land law and legal systems for those studying international law.

Table of Contents

Table of Cases
Table of Legislation
The Nature of the Law and Legal Systems and Its Historical Precepts	p. 1
Introduction to Law and Legal Systems in the Commonwealth Caribbean	p. 3
The Historical Function of Law in the West Indies - Creating a Future from a Troubled Past	p. 18
Legal Traditions - Types of Legal Systems in the Commonwealth Caribbean	p. 35
The Hybrid Legal Systems of St Lucia and Guyana	p. 58
The Reception or Imposition of Law and Its Significance to Caribbean Jurisdictions	p. 73
The Sources of Law in the Commonwealth Caribbean and Their Impact on the Legal System	p. 93
Introduction to Sources of Law	p. 95
The Written Constitution as a Legal Source	p. 97
The Common Law and the Operation of the Doctrine of Judicial Precedent in the Commonwealth Caribbean	p. 117
Equity as a Source of Law	p. 166
Custom as a Source of Law	p. 177
Convention as a Legal Source	p. 201
International Law as a Source of Law	p. 204
Legislation as a Source of Law	p. 229
Statutory Interpretation	p. 243
The Administration of Justice in the Commonwealth Caribbean	p. 287
The Court System of the Commonwealth Caribbean	p. 289
The Privy Council	p. 307
The Renewed Initiative Towards a Caribbean Court of Justice	p. 328
Specialised Courts, Tribunals and Functions	p. 345
The Jury System	p. 375
The Office of the Ombudsman	p. 407
Alternative Dispute Mechanisms - Arbitration, Negotiation and Commissions of Inquiry	p. 424
Bibliography	p. 435
Index	p. 441
Table of Contents provided by Blackwell. All Rights Reserved.