This new fourth edition of a well-established book is a timely response to the continuing development of the new rules of civil procedure in force in most of the jurisdictions of the English-speaking Caribbean. The new edition has been substantially revised to cover amendments to, and recent case law interpreting and applying, the Civil Procedure Rules of the various territories. It is essential reading for law students and legal practitioners in the region.
Author: Gilbert Kodilinye,Vanessa Kodilinye
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 - Caribbean customary law and the rights of indigenous peoples - the Constitutions of Commonwealth Caribbean jurisdictions and Human Rights - the impact of the historical continuum to the region's jurisprudence including the question of reparations - the complexities of judicial precedent for Caribbean peoples - international law as a source of law - alternative dispute mechanisms and the Ombudsman Effortlessy combining discussions of traditional subjects with those on more innovative subject areas, this book is an exciting exposition of Caribbean law and legal systems for those studying comparative law.
Author: Rose-Marie Belle Antoine
Publisher: Psychology Press
The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Caribbean people, insisting on proper governance of the area's public bodies. This new book analyzes judicial review, a mechanism for achieving public justice, through emerging case law in the hope that it will cast light on the jurisprudential evolution of Caribbean society in the twenty-first century. Bringing together cases and materials on judicial review in the Caribbean for the first time, this book examines what judicial review is, before going on to discuss the grounds, obstacles and conduct within the judicial review process. It concludes by examining the future of judicial review and justice more generally in the Caribbean. Legal professionals in the Caribbean will find it a useful and comprehensive reference tool.
Author: Rajendra Ramlogan
Corporate governance initiatives have been developing at a rapid pace in the Commonwealth Caribbean through legislation, case law and codes. Commonwealth Caribbean Corporate Governance offers an overview of current practice and legal developments in corporate governance, highlighting the interpretation of the legislation through case law and the codes of corporate governance which have now been implemented. It also considers the challenges which emerging markets face in an attempt to adopt the corporate governance initiatives of developed markets. This text explores the emergence and development of corporate governance in the region from a range of angles, including the protection and empowerment of shareholders, the impact on government agencies, and the role and responsibilities of directors and officers in companies and in government agencies. Written by a panel of academics, legal practitioners and experts working in business, this book will be an invaluable resource for judges, lawyers, corporate executives and students of business, corporate law and corporate management.
Author: Suzanne Ffolkes-Goldson
The law of trusts is a subject of considerable importance in the Commonwealth Caribbean. Traditional areas, such as testamentary trusts, resulting and constructive trusts, and charitable trusts, are now fully incorporated into the mainstream substantive law of the region, while the principles associated with offshore trust regimes are constantly expanding and developing. This book has been updated to reflect new case law and legislation, and to highlight recent trends relating to both traditional and offshore trusts.
Author: Gilbert Kodilinye,Trevor Carmichael
This new edition to the series will provide an up-to-date textbook covering a wide-range of employment and labour law issues which affect the Commonwealth Caribbean. Initially the book will embark on a comparative analysis of employment and labour law in Jamaica, Trinidad and Barbados, as a reference point for distinguishing the laws of other Commonwealth Caribbean jurisdictions. The book will continue to examine how the law operates within the legal systems of the Caribbean, taking into account the umbilical link to British jurisprudence and the persuasive precedent of other Commonwealth jurisdictions, and the impact this has had on the growth and development of the area. Commonwealth Caribbean Employment and Labour Law will be essential reading for students enrolled on Employment Law, Discrimination and Dismissal Law courses in the Caribbean.
Author: Natalie G.S. Corthésy,Carla-Anne Harris-Roper
Author: Rambarran Mangal
Publisher: University of the West Indies Press
Law and Legal Systems of the Commonwealth Caribbean States and the Other Members of the Organization of American States
Category: Comparative law
This is the first textbook to deal with criminal practice and procedure as it relates to the Caribbean. The text clarifies the state law in each jurisdiction, making it clear when laws are the same or similar and statutory law in the Caribbean is compared to English Law throughout. Statute law and common law are examined in the relevant jurisdictions including Trinidad, Tobago, Guyana, Barbados, Jamaica and Grenada among others. Although the laws of each jurisdiction have many things in common, Seetahal makes it clear when differences in laws between the jurisdictions apply. The impact of statutory changes are also analyzed alongside recent developments. Revised throughout, this new edition addresses the recent changes in law in St Lucia and the Bahamas bringing this popular text right up-to-date. Although written for law students, as the only book which deals specifically with criminal practice and procedure in the Caribbean, it is also a useful reference tool for criminal justice professionals.
Author: Dana S. Seetahal
Publisher: Routledge Cavendish
This book highlights the tremendous shift in the traditional arrangements for the delivery of civil justice in the Commonwealth Caribbean, from litigation to alternative dispute resolution (ADR) processes. Over the last quarter of a century, much learning has taken place on the topic of ADR and the literature on the subject is now voluminous. This book puts forward the thesis that the peculiar experiences of the developing world ought to help reshape our traditional notions of ADR. Furthermore, the impact of globalisation on the developing world has brought with it special and peculiar challenges to our notions of civil and criminal justice which are not replicated elsewhere. This book will appeal to a wide readership. The legal profession, students of law and politics, social scientists, mediators, the police, state officers and the public at large will find its contents of interest.
A Developing World Perspective
Author: Albert Fiadjoe
By Christina M. Cerna.
Author: Angela D. Byre,Beverley Y. Byfield
Publisher: Martinus Nijhoff Publishers
Tort law is a subject of primary importance in the study and practice of the common law in Caribbean jurisdictions. This work is now well established as the leading text on tort law in the region, and this fifth edition has been updated throughout to incorporate developments in law and legal thinking, including special contributions on medical negligence and the misuse of private information from the Hon Justice Roy Anderson and Dr Vanessa Kodilinye. 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. 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. Legal practitioners will find the book useful as a work of ready reference, and it will also be of interest to those business executives, industrialists, insurance agents and journalists who require some knowledge of this most important area of the law.
Author: Gilbert Kodilinye
Commonwealth Caribbean Business Law breaks away from the traditional English approach of treating business law primarily as the law of contract and agency. The book takes a panoramic view of the foundation of various legal systems with a subsequent examination of different areas of legal liability that may affect business activities. These areas include contract law, agency, tort law, criminal law, and internet law as significant challenges confronting the business sector. The book primarily targets the development of business law in several Caribbean Commonwealth jurisdictions but also, where appropriate, embraces the jurisprudence of other Commonwealth nations such as the United Kingdom, Canada and Australia. With respect to internet law, the proliferation of judicial pronouncements emerging from the United States provided the platform for the only non-Commonwealth treatment of a topic. The approach of the book is to use excerpts from judgments so as to allow students, particularly the non-legal student, to understand legal principles as espoused by the judiciary without the filtering bias of authors.
Author: Natalie Persadie,Rajendra Ramlogan
A comprehensive study of elements of child law in the Commonwealth Caribbean. It covers legitimacy, status of children legislation, parental rights, maintenance, family provision and succession to property, custody, adoption and care and protection issues.
Author: Zanifa McDowell
Publisher: University of West Indies Press
The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.
A Contextual Analysis
Author: Derek O'Brien
Publisher: Bloomsbury Publishing
Property law is concerned with a wider variety of rights, obligations and interests than most other areas of law, and can prove daunting to those studying the subject for the first time. Commonwealth Caribbean Property Law sets out in a clear and concise manner the central principles of the law of real property in the region, in order to guide students through this often complex core subject area. In this new edition, the book has been fully revised and updated to include important new case law from the various Caribbean jurisdictions and an expanded appendix of working documents. With comprehensive coverage of the main topics studied by undergraduates, such as Leases, Co-Ownership, Restrictive Covenants, Easements, Mortgages, and Land Sale, this textbook is essential reading for LLB students in Caribbean universities and students on CAPE Law courses. The extensive coverage of land law from a Caribbean perspective and analysis of the substantive laws of several jurisdictions will also make this text an invaluable reference tool for practitioners.
Author: Gilbert Kodilinye
The Kirchner book deciphers more than 9,000 abbreviations of German legal terminology. There is hardly any legal text without abbreviations. And not only lawyers must know what they mean. Every citizen who wants to understand legal texts comes across these word fragments.
Publisher: Walter de Gruyter