Demerieux, fundamental rights in commonwealth caribbean constitutions 1992, chap. Caribbean constitutional reform 2002 edition open library. Law, justice and history in the caribbean in which he articulately outlined complete with onpitch renditions of calypso the profound and unacknowledged constitutional crisis in which the contemporary caribbean has found itself. Constitutional reform unit cru completed a fourday awareness program on the 2nd 2014 draft federal constitution of solomon islands with solomon islands students studying at papua new guineas university of technology unitech in lae on friday 8th april 2016. When asked if constitutional amendments should be endorsed. At any given time in jamaica, there will be a range of items on the agenda of constitutional reform. The theme throughout the book is the fact that the written constitutions of the caribbean all have their origin in the british parliament and the unwritten english constitution that has evolved over centuries. Constitutional reformalthough any change in the constitution can be labeled a reform, the broad term constitutional reform is usually reserved for proposed amendments that would alter in some fundamental way the structure of the government established by the nations charterthat is, the organization of the legislative, executive, and judicial branches, the distribution of power among them. Although there are many dimensions to constitutional reform, one of the issues that will take centre stage is the adoption of the caribbean court of justice as the final appellate court in our.
Stanford libraries official online search tool for books, media, journals, databases, government documents and more. Caribbean human rights jurisprudence in states where there was no general savings law clause. A constitution can be considered as a social contract voluntarily entered into by members of a society based on a common vision, and reflecting the aspirations, expectations and obligations of that society. Thus, in addition to placing various constitutional law. Kop caribbean constitutional reform av simeon c r mcintosh pa.
Rethinking the west indian polity 9789768167286 by mcintosh, simeon c. At its core is the premise that constitutional reform must necessarily result in a redefining of west indian political identity. Professor mcintosh has written extensively on the topic of constitutional reform in the commonwealth caribbean caribbean constitutional reform. Jeffrey was the associate director of the thomas a. Download pdf caribbean constitutional reform free online. The constitutional history of south australia during twenty. Constitutional reform in the englishspeaking caribbean.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Professor mcintosh, who retired from the faculty and the deanship about four years ago, was a giant in the field of jurisprudence and a caribbean scholar of rare distinction. Opposition calls proposed trinidad constitutional amendments red herrings. In the late 1970s, michael manleys administration raised a variety of issues, and sought to. We will be pleased if you will be back to us afresh. Text of the recent measures for the selfgovernment of the island, with comments thereon. Human rights guaranteed under the european convention on human rights have been given domestic effect by the human rights act 1998. Change making through constitution reform in the commonwealth caribbean by prof. Mcintosh, known to his many friends as randy, was a perfectionist in matters pertaining to jurisprudence. With the failure of the constitutional referendums in grenada and antigua and barbuda to replace the british judicial committee of the privy council jcpc with the caribbean court of justice ccj, the caribbean has confirmed the regions reputation as the graveyard of referendums.
It is the people that stand to suffer from the undulating fortunes of the constitutional reform tide. Moreover, constitutional reform was actually a step backward for free african american north carolinians. Change making through constitution reform in the commonwealth. Constitutional reform in the commonwealth caribbean. Kf 4496 c3 m35 2005 fundamental rights and freedoms of the commonwealth caribbean s. Simeon mcintosh, caribbean constitutional reform chapter 1 m. As a consequence of these criticisms several governments, though constrained by limited financial resources, have engaged in intense processes of national constitutional reform. Perhaps this unplanned focus on constitutional reform possibilities will engage most, if not all, civilsociety groups in a concentrated though different thought process, and a possible remedy to the disparate points of view. Constitutional reform processes and political parties foreword it is with profound pleasure that i am writing a preface to this publication, the subject of which is as historical as it is contemporary.
Caribbean constitutional reform simeon c r mcintosh. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of. Bold time for constitutional reform in focus jamaica. Constitutional laws of countries in the englishspeaking caribbean esc have changed very little, at least in relative terms, since the independence of these countries. It was designed as a participatory event including representatives from various sectors of caribbean society and reflecting different national experiences, and sought to contribute concretely to the current debate in. On tuesday, 29 march 2011, the constitutional court delivered judgment in a case in. Mcintoshs, caribbean constitutional reform, rethinking the west indian policy. Scotland, northern ireland, and wales have devolved legislative and executive bodies. Jan 28, 2002 this book includes the reforms proposed by the various caribbean commissions since 1985, making it a comprehensive guide to constitutional law in the caribbean.
Simeon mcintosh many sympathies on his recent passing have done extensive work in favour of reform and dr. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of the independence constitutions across the commonwealth caribbean and traces the regions constitutional development from the time of the emancipation of slavery through to independence. Constitutional court of south africa s v the state cct 6310 2011 zacc 7 decided on. Caribbean law publishing company, 2002 and is currently responsible for redrafting the. Guyana and barbados were the first countries to accede to the appellate jurisdiction of the court and our own justice desiree bernard, now retiring, has been one of its first members. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of the independence constitutions across the commonwealth caribbean and traces the regions constitutional development from the time of the emancipation of slavery through to. Constitutional reform processes and political parties. The constitutional systems of the commonwealth caribbean was far from a dry read and while chapter six was very much written from a lawyers perspective from which i learnt a great deal, incidentally much of the book was very accessible to students and the general public who have an interest in such issues.
Quizlet flashcards, activities and games help you improve your grades. The current government of st vincent and the grenadines has recently made a serious attempt to address the issue, engaging in an expansive process of public consultation and constitutional reform which was ultimately rejected by the populace in a referendum held in november 2009. Five, the political logic of the independence constitution, pp. Constitutional reform in the caribbean download ebook. Jun 29, 2016 prime minister hon manasseh sogavare has stated that the countrys legal professionals have a crucial part to play in ensuring that the proposed federal constitution emanates from and is owned by solomon islanders.
The constitution reform commission crc sat for six months, visited all regions of guyana, received oral and written submissions from individuals, parties and groups and accepted. British caribbean court of appeal order in council 1962 is revoked. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of the independence. In the last class we were discussing the rule of law, and we looked at an exam question which asked for a critique of legislation which criminalised a group called the dreds. The 357 pages in caribbean constitutional reform are a blueprint for constitutional scholars, students and laypersons who wish to think through the many issues concerning the governmental structure and human rights that remain topical in various caribbean jurisdictions. As i keep saying, constitutional law is a really heavy course, but if you keep going, it will come together for you by the end. Nationalists such as james madison and alexander hamilton wanted to draft an entirely new document. I wish to speak conceptually about constitutional reform as a part of an essential process of constitution making in the commonwealth caribbean. Select bibiliography of commonwealth caribbean legal materials. Jamaicas constitution of 1962 with amendments through 2011. Caribbean constitutional reform simeon c r mcintosh haftad. The 2nd 2014 draft federal constitution of solomon islands was the outcome of an audit and professional drafting by a team of experts. Edison papers, a project sponsored by rutgers, the state university of new jersey, and the national.
Constitution of the republic of the marshall islands. Aspects of constitutional reform have been included in the proposed plan of work for the administration of prime minister andrew holness. Different rationales are given for pursuing constitutional reform in grenada. The limits of constitution remaking in the commonwealth. Keith mitchells new national party government seems ready to deliver on this. Carolyn gomes constitutional reform unfinished business. It also praised the constitution as one of the most progressive in the caribbean. The constitutional history of south australia during twentyone years, from the foundation of the settlement in 1836 to the inauguration of responsible government in 1857 by finniss, boyle travers, 18071893. I propose to deal with this issue later in this judgment. The codification of constitutional conventions in the commonwealth caribbean 1982 32 iclq 263 sir roy marshall west indian land law. Fundamental rights in commonwealth caribbean constitutions in. Best practices in constitutional reform 100 101 parliament, and only 16% approved of an amendment process led by experts. It documents a long, sporadic process, with some important moments of consultation and participation such as happened in the 1990s, but with limited impact on the outcomes. This is the first book to be written on caribbean constitutional theory.
Trevor munroe, the politics of constitutional decolonization. Rethinking the west indian polity, the caribbe an law. In response to reports that the 2020 census will include a citizenship question for the first time since the 1950s, network lobby for catholic social justice executive director and leader of nuns on the bus sister simone campbell, sss released the. Constitutional reform is once again in the air and it may well be an issue in the upcoming election campaign. Some of the most fascinating developments in comparative public law have occurred over the last decade in the countries of the caribbean, many having undertaken, successfully or not, historic processes of constitutional reform. Summary this book explores the different systems of constitutional governance that exist in the independent states and overseas territories in the anglophone caribbean, and examines the core principles associated with constitutional law in this regionpreface. Reproduce minimum rules in all consultation documents. Professor simeon mcintosh, formerly dean of law faculty at the university of the west indies. This book includes the reforms proposed by the various caribbean commissions since 1985, making it a comprehensive guide to constitutional law in the caribbean. At a more personal level, the subject of constitutional reform is so dear to my heart. Constitutional reform in the caribbean by richard albert ssrn. Fundamental rights in commonwealth caribbean constitutions. Goodbye to a caribbean giant lead stories jamaica gleaner.
Apr 16, 2010 caribbean constitutional reform by simeon c. The caribbean court of justice in guyana conversation tree. Rethinking the west indian polity doc, djvu, txt, pdf, epub formats. Best practices in constitutional reform the asia foundation. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it. Rethinking the west indian polity, in that case you come on to the right website. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the. Nevertheless, the institutional and political environment of the esc presents some unique challenges to. Solomon islands constitutional reform program home facebook. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of the indepenence constitutions across the commonwealth caribbean and traces theregions constitutional development from the time of the emancipation of slavery through to indepencence.
The article tackles this central aspect by focusing on its constitutional role. Commonwealth caribbean constitutional law isbn 9781859416914. Mcintosh, caribbean constitutional reform, rethinking the west indian polity, the caribbean law, publishing compagny ltd, kingston. A strong majority 67% said they preferred a participatory amendment process that included consulting ordinary people across the country. Grenadianborn professors in constitutional law pointedly, dr. The constitutional functions of the caribbean court of justice. Yet these developments have remained largely unexplored by scholars in the field outside of the region itself. Reflections on constitutional reform jamaica observer. The museum dramatically tells the story of the constitution from revolutionary times to the present through more than 100 interactive, multimedia exhibits, film, photographs, text, sculpture and artifacts, and features a powerful, awardwinning theatrical performance, freedom rising. Solomon islands prime minister emphasizes homegrown.
If this is the first time you use this feature, you will be asked to authorise cambridge core to connect with your account. Finally, the paper briefly presents guyana as a case study of constitutional reform in the commonwealth caribbean. The conference on constitutional reform in the caribbean was not conceived as a mere academic exercise. The engagements mentioned certainly provide a better path towards peaceful progress as compared to violent revolution. Constitutional reform in the caribbean election law journal. The caribbean court of justice ccj is a pivotal caricom institution, effectively representing the attempts to integrate the various economic and cultural realities of the region. In recent weeks the issue of constitutional reform has taken centre stage in grenada and trinidad and tobago. Simeon mcintosh professor, faculty of law, uwi, cave hill campus thank you very much. Mcintosh, caribbean constitutional reform, rethinking. It outlines sources of the law and developing changes in the doctrine of sovereignty of parliament and the conventions of the constitution as well as in the role of the public service.
A b c d e f g h i j k l m n o p q r s t u v w y z index to volumes iii, iv and v b. The last effort at constitutional reform was made in 19992000. This article will give a brief overview of contemporary processes in four commonwealth caribbean countries namely, st vincent and. The caribbean court of justice ccj will sit in guyana for the first time this week. Constitution of the republic of the marshall islands preamble we, the people of the marshall islands, trusting in god, the giver of our life, liberty, identity and our inherent rights do hereby exercise these rights and establish for ourselves and generations to come this constitution, setting forth. Nevertheless, the institutional and political environment of the esc presents some unique challenges to constitutional reform in the contemporary era. In the continuing discourse and emergent project of constitutional reform in the commonwealth caribbean, it examines the origins of the independence constitutions across the commonwealth caribbean and traces the region s constitutional development from the time of the emancipation of slavery through to independence. In the last decade st vincent and the grenadines embarked on an expansive process of constitutional reform, which resulted in a. Select bibiliography of commonwealth caribbean legal. Historical background guyana is situated on the northeastern coast of south america, bounded on the north by the atlantic ocean, on the south and southwest by brazil, on the east by suriname, and on the west by venezuela. Solomon islands constitutional reform program, honiara, solomon islands.
The constitutional systems of the commonwealth caribbean. Open library is an initiative of the internet archive, a 501c3 nonprofit, building a digital library of internet sites and other cultural artifacts in digital form. Winston molyneaux appellant and 1 hugh smith 2 leroy smith 3 john smith respondents before. Constitutional reform in the caribbean by richard albert.
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