3 edition of Commonwealth Caribbean legal literature found in the catalog.
Commonwealth Caribbean legal literature
1987 by Faculty of Law Library, University of the West Indies, Cave Hill Campus in Barbados .
Written in English
|Other titles||Caribbean legal literature.|
|LC Classifications||KGJ1 .N49 1987|
|The Physical Object|
|Pagination||xxiv, 492 p. ;|
|Number of Pages||492|
|LC Control Number||88161339|
Perhaps the simplest understanding of the doctrine of precedent is that it is a law made by judges rather than by legislation through the determination of legal cases. In the Caribbean community however, the doctrine of stare decisis requires the courts to fully observe and follow the precedent which effectively denied the Caribbean Community of the legal justice system that reflect their social values and needs. This is a raw tale but not without tenderness and though you'll cry as I did, you will also laugh. These traditions and customs have been incorporated into the legislation of these countries. The Court of Appeal has the appellate function of the Supreme Court. In this case, it appears that despite the seemingly obvious inability of the precedent to reflect the social values and the need of the society, the application of the doctrine of precedent remains central in the Caribbean legal system.
Whereas in the common law, decision is based on analogy of reason, and aside from making judgment on disputes, the courts are supposed to provide precedence as to how similar case ought to be settled in the future. Described as a "work of exceptional merit" that is a "timely and relevant publication which locates much of its learning and discussion in the realities of the contemporary Caribbean and the wider global environment", Alternative Dispute Resolution: A Developing World Perspective has already earned much acclaim from the legal fraternity. While many of the legal systems of the Commonwealth Caribbean have a very strong influence of the Common Law, there has been a reception of other legal systems, such as Hindu, Muslim and Indian law. Subsidiary legislation is usually published in Official Gazettes but some territories compile and publish them at the end of each year. However, no matter how excellent is the ratio decidendi this does not apply to the doctrine of the precedent rather, to be able to sustain its binding doctrine, Antoine points out that it is essential to isolate the ratio decidendi.
From this, it is quite obvious that the doctrine of the precedent does not reflect the social values and needs of the Caribbean community. It is being proposed that this court will determine civil and criminal matters from the courts within the region. Conclusion The doctrine of the precedent had been used in most countries particularly England, Europe, and America and even in most Asian countries where the doctrine was used efficiently and effectively in making court decision. The prize for overall best first book was added in
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Antoine further stressed that not every statement of law or legal principle contained within a decision is binding in a particular case.
This problem also reveals that the doctrine of precedent not only deprive the Caribbean community of the basic benefits of the law, but it also do not reflect the real social values and need of the community.
In the application of the doctrine of precedent, the principle of stare decisis requires that the previous decision be followed in ensuing cases except when it is overruled or distinguished. The superior courts are usually divided into two tiers — High court and Court of Appeal.
Although conceived primarily as a text for the LLB degree courses in Caribbean universities, Commonwealth Caribbean Tort Law is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region. The disadvantages are obviously the fact reality that it does not reflect the social values and the need of the society.
Kerry was brought up in a succession of council estates and the story evolved from her own experiences living in Bed and Breakfasts and welfare housing.
They have a dual function — investigative and trial in criminal matters. The implication of this is that CCJ will formulate decision on the case which maybe based on the previous decision or the doctrine of the precedent, to be respected and followed by the tribunal or the court as under the principle of stare decisis or the doctrine of the precedent, within the judicial system, all courts are bound by decisions made on the same matter by superior courts within that self-same system.
Nevertheless, the content of the laws of these countries today reflect their cultural, social, political and economic needs. In the Caribbean Communities, the most important source of law is the common law or the case law. The doctrine of the precedent strictly does not admit any information or facts no matter how relevant they are.
Since the doctrine of the precedent is integral in the Caribbean Legal Justice, the suggestion to align the doctrine of the precedent in the context of the Caribbean community will certainly be beneficial to the Caribbean Community in terms of the equal opportunity for the protection of the law through interpretation of the legal norms in the application and used of evidences and facts that maybe helpful in determining the merits of the case.
The dependent territories earlier mentioned have no independent law and legal systems so to say as they are under the sovereignty of the Crown.
Lucia, the legal system of the English-speaking Caribbean countries is based on the Common Law system. While many of the legal systems of the Commonwealth Caribbean have a very strong influence of the Common Law, there has been a reception of other legal systems such as Hindu, Muslim and Indian law.
Lucia, St. The inability of the doctrine of the Precedent to the social values and need of the Caribbean society The debate on the issue of the scope of responsibility of CCJ implied that the Caribbean legal system does not reflect the social values and need of the society as according to those who are pushing for the CCJ as a trade court, the CCJ does not address matters of justice.
Prized writers The book made me intensely grateful to be flying back to my loved ones. There would be no need of arguments, or presentation of evidences, or interpreting and applying legal norms as the previous ruling of the court will be applied.
Each regional competition was judged by a committee composed of literary figures from that region. Seller Inventory AAV Conclusion The doctrine of the precedent had been used in most countries particularly England, Europe, and America and even in most Asian countries where the doctrine was used efficiently and effectively in making court decision.
The accessible writing style and integration of up-to-date material enables students to grasp the salient points and develop a thorough understanding of Tort Law in the Caribbean. It was just so easy to lose sight of the evil that was clearly smiling at you from the pages.
Although conceived primarily as a text for the LLB degree courses in Caribbean universities, this book is also essential reading for students preparing for the CAPE Law examinations and the various paralegal courses in the region.
It has a wicked opening line but I'm fairly confident it could not be printed in a family newspaper. The superior courts are usually divided into two tiers - High Court and Court of Appeal. That everything that might impair its implementation should be isolated in favor of its implementation.Aug 20, · Author of The Silver Men, Law in Caribbean society, Commonwealth Caribbean Legal Literature, Civil rights with special reference to the Commonwealth Caribbean, Legal literature and conditions affecting legal publishing in the Commonwealth Caribbean, Legal literature and publishing in the Commonwealth Caribbean, The Barbados Constitution, Legal ethics and lawyer advertising.
Examines the institutions, structures and processes of the law in the Commonwealth Caribbean. This book explores: the court system and the Caribbean Court of Justice which replaces appeals to the Privy Council; the offshore financial legal sector; and, Caribbean customary law.
Nov 12, · Read "Commonwealth Caribbean Administrative Law" by Eddy Ventose available from Rakuten Kobo. Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in cont Brand: Taylor And Francis.
Apr 07, · "Contract Law: A Commonwealth Caribbean Case Book" focusses on contract law, as articulated by the jurists of the Commonwealth Caribbean region. Case law from across the region has been combed to source the cases identified in this text. The jurisdictions from which the cases have emanated span the full breadth of the Commonwealth Caribbean region.
Commonwealth Caribbean Tort Law (Commonwealth Caribbean Law) by Gilbert Kodilinye and a great selection of related books, art and collectibles available now at atlasbowling.com Fully updated and revised to fit in with the new laws and structure in the Commonwealth 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 court system and the new Caribbean Court of Justice which replaces appeals to the Privy Council - the offshore financial legal sector 5/5(1).