Commonwealth Caribbean Constitutional Law (Commonwealth by Phillips

By Phillips

This e-book contains the reforms proposed by way of a number of the Caribbean Commissions considering 1985, making it a complete advisor to constitutional legislations 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 position of the general public provider. there's additionally an multiplied observation at the Caribbean judiciary within which particular reference is made to the proposed Caribbean courtroom of Justice.Caribbean Constitutional legislations may be priceless to scholars of legislation and political technological know-how and practitioners wishing to resume their acquaintance with the elemental ideas of constitutional legislation.

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Extra resources for Commonwealth Caribbean Constitutional Law (Commonwealth Caribbean Law Series)

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The Barbados Constitution13 and its Grenada counterpart14 both express in their respective Preambles ‘respect for the rule of law’. The Constitutions of Dominica,15 Belize16 and Trinidad and Tobago:17 …recognise that men and institutions remain free only when freedom is founded upon respect for moral and spiritual values and upon the rule of law. The St Lucia Preamble18 contains this declaration: We the People of St Lucia—maintain that these freedoms can only be safeguarded by the rule of law. The Bahamas Preamble19 expresses the same sentiment in more fulsome and flowery terms, viz: Whereas The People of this Family of Islands recognise that the preservation of their Freedom will be guaranteed by a national commitment to Self Discipline, Industry, Loyalty, Unity and an abiding respect for Christian values and the rule of law.

13 Commonwealth Caribbean Constitutional Law intended to give effect to a treaty obligation. But the issue has not yet neatly arisen as to whether a British court would refuse to interpret a subsequent Act affecting the Community as being in conflict with Community law. The matter came close to being raised before the English Court of Appeal in 197915 when the Court was divided as to whether Art 119 of the Treaty (which enunciates the broad principle that throughout the Community men and women should receive equal pay for the same work) should be referred for an opinion of the European Court.

That prerogative writ is still much in use today. The status and powers of the Crown have, over the years, been defined by statute. ) The Sovereign’s position in the established Church is likewise provided by the House of Lords Precedence Act 1539 in which the Sovereign is stated to be ‘justly and laufullie hed in erthe, under God, of the Churche of Englande’. The Sovereign is also by that same Act declared to be ‘supreme governor of this realm…as well as in all spiritual or ecclesiastical things or causes as temporal’.

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