Project assistance

Laws.Studio ©

info@laws.studio
 <<
↑
>>

Berry David S.. Transitions in Caribbean Law: Law-Making, Constitutionalism and the Convergence of National and International Law. Ian Randle Publishers,2014. — 311 p.. 2014

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.

<< | >>
↑
Table of Contents
Transitions in Caribbean Law: An Introduction
David S. Berry and Tracy Robinson
This book explores both concrete and conceptual developments in the legal systems of the Commonwealth Caribbean.[1]
The Concept of a Caribbean Jurisprudence
Making Law in Small Jurisdictions: Legal Transplantation and the Problem of �Fit’
Law in the Caribbean: Transnational Dimensions
�The Habits of Constitutionalism’ [72]
Transjudicialism and Institutional Redesign
LAWMAKING IN THE CARIBBEAN
Fi We Law: The Emergence of Caribbean Jurisprudence and the Doctrine of Precedent
Leighton M. Jackson
Introduction
English Law in the Caribbean or Caribbean Law in English?
The Legal Culture of Decision-Making
�We are not free, however, to follow a course of our own'[147]: Legal Reasoning in the Caribbean
The Caribbean Court of Justice
Conclusion
Corporate Governance: One Size Fits All?
Suzanne Goldson
Introduction
International Corporate Governance Scandals
Caribbean Corporate Governance Legislation: Borrowed Laws
Interpretation of �Borrowed’ Legislation: Director’s Duties
Transplanting Foreign Corporate Governance Codes
Conclusion
Expanding the Purview of Accountability in Employment by the State
Rose-Marie Antoine
The Changing Paradigm of Employment in the Public Sector - An Impetus for a New Approach
Common Law Developments - Walsh and its Progeny
Where the Power to Dismiss or Discipline Resides in Statute
Whither a Public Law Element in the Absence of Statute?
The Presumption Toward Procedural Fairness
Legitimate Expectation to be Heard
Importing a Public Law Element into the Contract on Grounds of Public Policy
Protection of Livelihood and Other Significant Impacts on Individual Rights
A Unique Contract
Restriction of Judicial Review where an Alternative Remedy Exists and the Public/Private Law Dichotomy
Understanding Dunsmuir and the True Impact of the Public/Private Law Divide
Where a Private Law Remedy Exceeds the Public Law Remedy
Where No Equivalent Private Law Remedies in Contract or Common Law
Effect of the Presumption that Ordinary Legislation does not Bind the Crown or State
Caribbean Responses to Contracts of Employment of the State
Conclusion - Interpreting the Abolition of Dismissal at Pleasure and Avoiding �Contracting Out' Obligations by the State
More Questions Than Answers? Caribbean Jurisprudence on the Duty of Uberrimae Fides
Lesley A. Walcott[347] [348]
Introduction
Statutory Assistance on the Doctrine of Utmost Good Faith?
The Relevance of Regional Rehabilitation Legislation
The Moral Hazard: Consideration of Outstanding Criminal Charges, Acquittals, Suspicions and/or Rumours of Criminality
The Regional Influence of Pan Atlantic Insurance Co Ltd v Pine Top Insurance Co Ltd
The Duty of Utmost Good Faith - Temporal Application
Conclusion
THE CONFLUENCE OF INTERNATIONAL AND DOMESTIC LAW
The Use of International Law by Domestic Tribunals in the Caribbean in Death Penalty Cases
David S. Berry[485]
Introduction
Three Theoretical Frameworks
The Common Law Rules
The Departures by the Privy Council and the Caribbean Court of Justice
Different Ways of Using International Law
Potential Use of International Law by Caribbean Courts
Conclusion
Legitimate Expectations, International Treaties and the Caribbean Court of Justice
Eddy D. Ventose
Introduction
The Privy Council’s Approach
The CCJ Decision
Creating the Legitimate Expectation
Substantive Legitimate Expectations
The Role of the Court
Setting Limits
Conclusion
Human Trafficking Legislation in the Commonwealth Caribbean: Effective or Effected?
Kamille Adair
Introduction
The Impact of the United States' Minimum Standards and Tier System
Incorporation of the Palermo Protocol
Defining Exploitation
Deficiencies with the Definition of Trafficking and the Assistance and Protection Provisions
Conclusion
THE HABITS OF CONSTITUTIONALISM
The Common Law and the Litigation of Fundamental Rights and Freedoms Before the Privy Council
Margaret Demerieux[765]
Setting for the Adjudication
West Indian Bills and Existing Law
Common Law Dominance over the Bills of Rights
Defining Restraints on Fundamental Rightsand Freedoms: The Common Law
Using Common Law Concepts in Support of Rights
Judicial Independence as an Indispensable Feature of the Rule of Law and Democracy: Implications for the Commonwealth Caribbean
Arif Bulkan
Introduction
Procedures for Selecting Judges
Conditions of Service of the Judiciary
The Jurisdiction of Superior Courts
Implicit Constitutional Norms
Constitutionalism in Belize: Lessons for the Commonwealth Caribbean?
Godfrey P. Smith
Introduction
Judicial Review and Rights Constitutionalism
Constitutional Reform and the Liberal Legislature
Constitutional Debasement or Development?
Conclusion
Our Inherent Constitution
Tracy Robinson
Introduction
Supremacy’s Inadequacies
The Rule of Law in Caribbean Constitutional Law
An Expansive Protection of the Law
Implied Justiciable Constitutional Principles
Normative Core of the Constitutions
The Rule of Law as a Fundamental Justiciable Constitutional Norm
Conclusion
Contributors
Index

Books and textbooks on the discipline History of state and law:

  1. Araujo Ana Lucia. Humans in Shackles: An Atlantic History of Slavery. University of Chicago Press,2024. — 1702 Ñ€. - 2024 ãîä
  2. Chua Lynette J., Engel David M.. The Asian Law and Society Reader. Cambridge University Press,2023. — 795 p. - 2023 ãîä
  3. Benvindo Juliano. The Rule of Law in Brazil: The Legal Construction of Inequality. Hart Publishing,2022. — 265 p. - 2022 ãîä
  4. Blom Hans W. (ed.). Sacred Polities, Natural Law and the Law of Nations in the 16th-17th Centuries. Brill,2022. — 361 p. - 2022 ãîä
  5. Boodia-Canoo Nandini. Slavery, Indenture and the Law: Assembling a Nation in Colonial Mauritius. Routledge,2022. — 221 p. - 2022 ãîä
  6. Burgess Douglas. When Hope and History Rhyme: Natural Law and Human Rights from Ancient Greece to Modern America. Imagine,2022. — 304 p. - 2022 ãîä
  7. Boucoyannis Deborah. Kings as Judges: Power, Justice, and the Origins of Parliaments. Cambridge University Press,2021. — 400 p. - 2021 ãîä
  8. Anderson Steven. A History of Capital Punishment in the Australian Colonies, 1788 to 1900. Palgrave Macmillan,2020. — 279 p. - 2020 ãîä
  9. Armstrong Jackson (ed.). Cultures of Law in Urban Northern Europe: Scotland and Its Neighbours, 1350-1650. Routledge,2020. — 304 p. - 2020 ãîä
  10. Batselé Filip. Liberty, Slavery and the Law in Early Modern Western Europe. Springer International Publishing,2020. — 221 p. - 2020 ãîä
  11. Cavanagh Edward (ed.). Empire and Legal Thought: Ideas and Institutions from Antiquity to Modernity. Brill,2020. — 634 p. - 2020 ãîä
  12. Chandrachud Chintan. Balanced Constitutionalism: Courts and Legislatures in India and the United Kingdom. Oxford University Press,2017. — 340 p. - 2017 ãîä
  13. Ando Clifford (ed.). Citizenship and Empire in Europe, 200-1900: Antonine Constitution after 1800 Years. Franz Steiner Verlag,2016. — 261 p. - 2016 ãîä
  14. Brasington Bruce. Order in the Court: Medieval Procedural Treatises in Translation. Brill,2016. — 357 p. - 2016 ãîä
  15. Anthony Gordon. Judicial Review in Northern Ireland. Hart Publishing,2014. — 374 p. - 2014 ãîä
  16. Bellamy John. Bastard Feudalism and the Law. Routledge,2014. — 195 p. - 2014 ãîä
  17. Beattie Cordelia, Stevens Matthew (eds.). Married Women and the Law in Premodern Northwest Europe. Boydell Press,2013. — 264 Ñ€. - 2013 ãîä
  18. Chiba Masaji (ed.). Asian Indigenous Law: In Interaction with Received Law. Routledge,2013. — 430 p. - 2013 ãîä
  19. Black Ann, Bell Gary. Law and Legal Institutions of Asia: Traditions, Adaptations and Innovations. Cambridge University Press,2011. — 428 p. - 2011 ãîä
  20. Christenson Ron. Political Trials: Gordian Knots in the Law. Routledge,2011. — 357 p. - 2011 ãîä
- History of state and law - Roman law -
- Advocacy - Agricultural law - History of the state and law - Theory of state and law -

Laws.Studio ©

info@laws.studio