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Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9789768167286
Category : Law
Languages : en
Pages : 0
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Book Description
"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "
Author: Simeon C. R. McIntosh
Publisher: Ian Randle Publishers
ISBN: 9789768167286
Category : Law
Languages : en
Pages : 0
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Book Description
"This is the first book to be written on Caribbean constitutional theory. In the continuing discourse and emergent project of constitutional reform in the Commonwealth Caribbean, it examines the origins of the Independence Constitutions across the Commonwealth Caribbean and traces the region's constitutional development from the time of the emancipation of slavery through to independence. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. The theme throughout the book is the fact that the written constitutions of the Caribbean all have their origin in the British Parliament and the unwritten English constitution that has evolved over centuries. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "
Author: Tracy S. Robinson
Publisher:
ISBN: 9780414089853
Category : Constitutional law
Languages : en
Pages : 0
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Book Description
" ... [I]dentifies the key features of the constitutional systems in the twelve independent states and 6 overseas territories in the Anglophone Caribbean, discusses the foundational concepts associated with these constitutions, and reviews the development and reform of constitutional law in this region"--Back cover
Author: Richard Albert
Publisher:
ISBN: 0198793049
Category : Law
Languages : en
Pages : 753
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Book Description
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
Author: Kirk Peter Meighoo
Publisher: Ian Randle Publishers
ISBN: 976637337X
Category : Constitutional history
Languages : en
Pages : 266
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Book Description
"The countries of the Commonwealth Caribbean are all self-governing, determining their own futures. But some 40 years after gaining independence from Britain, the question remains whether these countries are truly democratic and whether the parliamentary and electoral systems adopted, are well suited to the Caribbean experience. Meighoo and Jamadar answer these questions in the negative. A true democracy, they argue, is one where the Legislature has the authority and the strength to make the Executive effectively accountable and responsible to it and where the electoral system results in the true practical separation of the Legislature and the Executive. Using Trinidad and Tobago as the model, Democracy and Constitution Reform in Trinidad and Tobago offers an overview of the constitutional reform process in the Commonwealth Caribbean. In these young, postcolonial democracies, where party politics have had a negative impact on the process of democratic reform, the authors review the historical, political and cultural motivations that have spawned the most recent debates on constitutional reform; and more particularly on the proposals for parliamentary and electoral reform. The book concludes with a review of past proposals and recommendations, and puts forward the authors' own suggestions for reform. At a time when most of the Commonwealth Caribbean is undergoing a process of constitutional debate and change, this book makes a valuable contribution to the discussion and provides a basis for the informed citizen, student or pundit to judge the process of reform. "
Author: Cynthia Barrow-Giles
Publisher: Ian Randle Publishers
ISBN: 9766371482
Category : Business & Economics
Languages : en
Pages : 580
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Book Description
"The idea that the Caribbean could be devolving downward in wealth, function and sovereignty has become a recurrent theme in both academic and popular literature. By focusing on some of the current issues facing Caribbean nation states, the editors and contributors to this volume hope to inform and contribute to the ongoing debate on the broad themes of Sovereignty and Development and the prospects for survival of Caribbean nation states in a globalised world. While some of the papers seek to describe and analyse the range and complexity of the challenge to national sovereignty and public policy autonomy, others focus on issues relating to small country size, gender and ethnic tensions, security, constitutional reform and regional integration. The result is a balanced perspective; the contributors do not gloss over the problem faced by the region. At the same time they do not present a hyper-pessimistic picture of Caribbean development prospects. What gives the collection a particular dynamism is the way in which the authors have challenged the terrain of political possibilities traditionally defined for small peripheral socities. "
Author: Peter Clegg
Publisher:
ISBN: 9780956954602
Category : Political Science
Languages : en
Pages : 228
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Book Description
By the end of the 20th century the once great modern European empires had gone - well, almost! Today, scattered around the world, there are small territories, remnants of empire that for one reason and another have eschewed independence and retain links of various kinds with the former imperial power. This edited collection focuses primarily on those territories in the Caribbean and Pacific which retain these 'colonial' ties. The issues affecting them such as constitutional reform, the maintenance of good governance, economic development, and the risks of economic vulnerability are important concerns for all territories both independent and non-independent. However, the ways in which these issues are addressed are somewhat different in small sub-national jurisdictions because of the particular regimes in place and the tensions inherent between the territories and their respective metropoles. The book brings together academics, policy-makers, constitutional lawyers, and civil servants to provide an insight into the complexities, contradictions, challenges and opportunities that help to define the non-independent territories of the Caribbean and Pacific, and their long-standing but sometimes awkward ties with their metropolitan powers.
Author: Han Zhai
Publisher: BRILL
ISBN: 9004388141
Category : Law
Languages : en
Pages : 291
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Book Description
In The Constitutional Identity of Contemporary China: The Unitary System and Its Internal Logic, Han Zhai offers a profound understanding of China’s constitutional history with her account of constitutional identity of multi-layered states in other parts of the world. This book successfully bridges China’s constitutional complex and the emerging common theory of constitutional law with methodological innovations. In constitutional comparison, this work’s treatment of the Kingdoms of Spain and the Netherlands provides effective structural and historical analysis. This book does not only awaken China’s constitutional identity in contemporary scholarship but also presents rich possibilities in the constitutional study and the way we understand a country’s fundamental arrangements in its national context
Author: Albert Fiadjoe
Publisher: Routledge
ISBN: 1859414222
Category : Law
Languages : en
Pages : 321
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Book Description
"Taking a critical look at the major areas of constitutional and administrative law, Commonwealth Caribbean Public Law places a firm emphasis on the protection of citizens' rights and good governance. The third edition of this book builds on the success of the previous two editions, setting out the established legal principles through Caribbean cases, along with critique and commentary of the law where appropriate. Contemporary issues and changes in Caribbean public law are addressed; these include the refining of the rules governing judicial review, recent cases dealing with the death penalty, and the likely impact of CARICOM initiatives on the rights of citizens." --Book Jacket.
Author: Hamid A. Ghany
Publisher:
ISBN: 9789766379599
Category : History
Languages : en
Pages : 190
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Book Description
Ghany deconstructs and examines the differences between the Westminster-Whitehall constitutions of the Commonwealth Caribbean and the original Westminster model in the United Kingdom.
Author: Donna Lee Van Cott
Publisher: University of Pittsburgh Pre
ISBN: 082297214X
Category : Political Science
Languages : en
Pages : 361
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Book Description
Constitutional reform has been one of the most significant aspects of democratization in late twentieth century Latin America. In The Friendly Liquidation of the Past—one of the first texts to examine this issue comprehensively —Van Cott focuses on the efforts of Bolivia and Colombia to incorporate ethnic rights into their fragile democracies. In the1990s, political leaders and social movements in Bolivia and Colombia expressed dissatisfaction with the quality of democracy--its exclusionary nature, the distance and illegitimacy of the state, and the empty promise of citizenship. The highly symbolic act of constitution making elevated a public struggle for rights to the level of a discussion on the meaning of democracy and the nature of the state. Based on interviews with more than 100 participants in the reforms, Van Cott demonstrates how issues promoted by social movements—recognizing ethnic diversity, expanding political participation and improving representation, and creating spheres of cultural and territorial autonomy—were placed on the constitutional reform agenda and transformed through strategic interaction with political power-brokers into the nation’s highest law. The analysis follows each reform through five years of implementation to assess the early results of what Van Cott suggests is an emerging regional model of multicultural constitutionalism. The Friendly Liquidation of the Past fills an important gap in the study of ethnic politics and constitutional reform in the Andes, linking the literature on institutions and political reform to work in political theory on participatory democracy and multiculturalism.
