New PDF release: Commonwealth Caribbean Constitutional Law (Commonwealth

By Phillips

ISBN-10: 1859416918

ISBN-13: 9781859416914

This ebook contains the reforms proposed by means of many of the Caribbean Commissions when you consider that 1985, making it a complete advisor to constitutional legislation within the Caribbean. It outlines resources of the legislations and constructing adjustments within the doctrine of sovereignty of Parliament and the Conventions of the structure in addition to within the function of the general public carrier. there's additionally an extended observation at the Caribbean judiciary during which detailed reference is made to the proposed Caribbean court docket of Justice.Caribbean Constitutional legislation might be invaluable to scholars of legislation and political technology and practitioners wishing to resume their acquaintance with the fundamental thoughts of constitutional legislation.

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Sir Hemy Maine, Collected Papers, Vol I, 1911, p 81. Hayek, 1943. Jennings, 1933, pp 309–10. See Frankfurter, 1938, p 517. See a discerning article by Jeffrey Jowell on the rule of law today: Jowell and Oliver, 1989, pp 22–23. See Lord Lester’s masterly contribution (Lester, 1989, p 356). Ibid, p 346. 8 Chapter 2: The Rule of Law But a new rule of law, such as described by Paul Johnson in his book A History of the Modern World, should be installed to take its place. Under this new rule, it should be laid down that there is no law without order and no freedom without law.

F RECEPTION OF ENGLISH LAW We must now examine how the new legal systems in the Caribbean came to be ‘received’ locally. From the 17th century for about 100 years, colonisation was the order of the day in the region—the British, French, Spanish and Dutch fighting many naval battles to capture various territories. The British were the most successful and, since we are considering only former British colonies, it is to the English common law of colonisation that we must look for the basic rules of ‘reception’ or (as it is sometimes called) ‘adoption’.

However, in the view of Blackstone, those laws should be restricted to such as are ‘applicable to their own situation and the condition of an infant colony’. 12 H IN THE CASE OF CESSION FROM ANOTHER POWER OR CONQUEST Where a country is conquered or ceded, the prevailing law remained. As Blackstone puts it: [In such a case] they have already laws of their own. The King may indeed alter and change those laws. But, until the Sovereign takes that step, the ancient laws of the country remain ‘unless such as are against the law of God as in the case of an infidel country’.

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Commonwealth Caribbean Constitutional Law (Commonwealth Caribbean Law Series) by Phillips


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