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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.
By Christina M. Cerna.
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.
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.
Written specifically for students new to the topic, the concise and direct approach of International Human Rights Law will give you all you need to develop a good understanding of the subject. The text provides clear and broad coverage of the primary systems of human rights protection and the selected substantive rights. Key cases and areas of debate are highlighted throughout, and a wealth of references to cases and further readings are provided at the end of each chapter. This new edition has been thoroughly revised and updated to reflect the latest changes in international human rights law. It includes a new chapter on sustainable development and the UN's 2030 Agenda, as well as expanded coverage of the challenges posed by non-state actors. Book jacket.
Implied constitutional principles form part of the landscape of the development of fundamental rights in common law jurisdictions, affecting issues ranging from the remuneration of judges to the appropriation of property by the state. Principled Reasoning in Human Rights Adjudication offers thematic analysis of the use of the implied constitutional principles of the rule of law and separation of powers in human rights cases. The book examines the functions played by those principles in rights adjudication in Australia, Canada, the Commonwealth Caribbean, and the United Kingdom. It argues that a complete understanding of implied constitutional principles requires thoroughgoing analysis of the sources and methods of implication and of the specific roles played by such principles in the adjudicative process. By disaggregating particular functions and placing those functions within their respective institutional contexts, this book develops an understanding of the features of cases in which implied constitutional principles are invoked and the work done by those principles.
A first-of-its-kind resource studying the operation of constitutional law across the entire Caribbean, embracing the linguistic, political, and cultural diversity of the region, Each jurisdictional chapter shares a common format and structure to aid comparison between different jurisdictions, Contributors from a variety of different disciplines-law, history, and political science-provide a range of perspectives on the study of the region's constitutions Book jacket.
The international human rights system remains as dynamic as ever. If at the end of the last century there was a sense that the normative and institutional development of the system had been completed and that the emphasis should shift to issues of implementation, nothing of the sort occurred. Even over the last few years significant changes happened, as this book amply demonstrates. We hope that this Manual makes a contribution to the development of International Human Rights Law and is of interest for those working in the field of promotion and protection of human rights. The book is the result of a joint project under the auspices of HumanitarianNet, a Thematic Network led by the University of Deusto, and the European Inter-University Centre for Human Rights and Democratisation (EIUC, Venice).
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.