Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

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 Cari

"What do we really know about the impending Caribbean Court of Justice? The vexed issue of the Court's establishment has been the subject of much debate but how much of this debate is informed by the facts? This book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. In a comprehensive yet clear and concise style, the reader is given a background to the more contentious issues such as the funding of the Court, its constitutionality, its original and appellate jurisdiction and the process of delinking from the Privy Council. The exposition and analysis is complemented by an Appendix which includes the Agreements Establishing the Caribbean Court of Justice and the CCJ Trust Fund as well as the accords concerning the Regional Judicial and Legal Services Commission. "

" ... [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

"The debate in Jamaica regarding the replacement of the Judical Committee of the the Privy Council (JCPC) with the Caribbean Court of Justice (CCJ) has dominated public discussion from some time. We Want Justice documents the presentations made by representatives of government and opposition during the debate pn the resolutions tabled in the Houses of Parliament in 2003, calling on members to express their support for the ratification by Jamaica of the agreement to establish the CCJ. The presentations are accompanied by four other papers, written by persons outside of parliament, as well as a copy of the agreement establishing the CCJ. "

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.

The Oxford Handbook of Caribbean Constitutions offers a detailed and analytical view of the constitutions of the Caribbean region, examining the constitutional development of its diverse countries. The Handbook explains the features of the region's constitutions and examines themes emerging from the Caribbean's experience with constitutional interpretation and reform.0Part I, 'Caribbean Constitutions in the World', highlights what is distinctive about the constitutions of the Caribbean. Part II covers the constitutions of the Caribbean in detail, offering a rich analysis of the constitutional history, design, controversies, and future challenges in each country or group of countries. Each chapter in this section addresses topics such as the impact of key historical and political events on the constitutional landscape for the jurisdiction, a systematic account of the interaction between the legislature and the executive, the civil service, the electoral system,0and the independence of the judiciary.0Part III addresses fundamental rights debates and developments in the region, including the death penalty and socio-economic rights. Finally, Part IV features critical reflections on the challenges and prospects for the region, including the work of the Caribbean Court of Justice and the future of constitutional reform.0This is the first book of its kind, bringing together in a single volume a comprehensive review of the constitutional development of the entire Caribbean region, from the Bahamas in the north to Guyana and Suriname in South America, and all the islands in between. While written in English, the book embraces the linguistic and cultural diversity of the region, and covers the Anglophone Caribbean as well as the Spanish-, French-, and Dutch-speaking Caribbean countries.

Two key regional organisations in the Caribbean, the Caribbean Community and the Organisation of Eastern Caribbean States, had their roles fundamentally expanded in 2001 by treaties that developed a single market and a regional court. This book sets out the new roles of these organisations and their impact on regional integration in the Caribbean.