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This book brings together a unique collection of papers concerning the protection of human rights under Bills of Rights in Commonwealth Caribbean Countries and under regional and international human rights treaties. The papers have been prepared by distinguished judges, legal practitioners, government officers and members of non-governmental human rights organisations. The work demonstrates the relevance of international human rights law in domestic cases, and considers practical ways of strengthening effective protection of human rights through constitutional and international laws and mechanisms. The book is arranged on a thematic basis, with each chapter being devoted to papers and discussions on a particular human rights issue. The issues covered are: the use of available remedies; liberty and security of the person; the right to a fair trial; access to court; the right to life and human dignity; freedom of expression; equality before the law; freedom of association; the role of Governments and of non-governmental organisations in the protection and the promotion of human rights.
The Caribbean, like regions elsewhere, is caught in what has been called democracy's global "Third Wave." In this volume, contributors examine the nature of democratization in the region together with its affiliate, human rights. The aim is to extend the analysis and debates beyond political democracy and civil and political rights to consider also economic democracy and economic and social rights. Early chapters address issues and dilemmas common to the democracy and human rights landscape throughout the region. In particular, economic crisis, drug trafficking, and political instability continue to threaten the region's very healthy democracy human rights profiles. Next, contributors consider how the form of Caribbean democracy and the status of human rights have been influenced by foreign actors and external developments. Particular attention is paid to the role of the Organization of American States, the United Nations, nongovernmental organizations, and international law. Because the democracy and human rights challenges and dynamics vary across countries, the work also offers extensive single-country assessments.
This book looks at accountability, privatisation of government functions, the complaint handling process, systematic investigations, compliance issues and management concerns. It provides Caribbean case studies placed within a larger international context, illustrating the experience of developing small and island states in general. Issues and strategies relating to human rights protection and promotion in the Caribbean by ombudsman and related human rights issues are also explored. Published by the Commonwealth Secretariat in collaboration with the International Ombudsman Institute.
Commonwealth Caribbean Administrative Law comprehensively explores the nature and function of administrative law in contemporary Caribbean society. The text considers the administrative machinery of Caribbean States, Parliament, the Executive and the Judiciary, and examines the basis for judicial review of executive and administrative action in the Caribbean. The book will also examine how the courts on the Commonwealth Cariibeen have sought to define principles of administrative law.
"The Caribbean Community (CARICOM) has assumed a greater role in guiding and coordinating the affairs of its member states. The introduction of the CARICOM Single Market and Economy (CSME) and the Caribbean Court of Justice (CCJ) bring the quest for democratic governance into sharp relief. Using Caribbean cases, Simeon McIntosh discusses the fundamental rights and freedoms of speech and of the press, freedom of religion and freedom form inhuman and degrading punishment. He examines the protection of these rights and freedoms in the light of changes in society, social progress and other developments in the Commonwealth Caribbean within the context of the CSME and the CCJ. Fundamental Rights and Democratic Governance is the first body of work to give serious philosophical treatment to the question of fundamental rights in the Caribbean. In this second instalment on Caribbean Constitutionalism, McIntosh builds on his earlier work, Caribbean Constitutional Reform: Rethinking the West Indian Polity, in laying the theoretical justification for the Caribbean Court of Justice. "
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.