Transitions in Caribbean Law: An Introduction
Transitions in Caribbean Law: Lawmaking Constitutionalism and the Confluence of National and International Law, edited by David Berry and Tracy Robinson, vii-xxvii (Kingston, Jamaica: Ian Randle Publishers, 2013)
25 Pages Posted: 12 Dec 2014
Date Written: October 17, 2012
Abstract
This chapter introduces the essays in the book Transitions in Caribbean Law and works through, and develops, several of its overarching themes. It was co-written with Tracy Robinson, who has given permission for its publication on SSRN. It offers insights on the perennial question of whether we should, or can, develop a particularly Caribbean jurisprudence. In a similar vein it explores the challenges of law making and jurisprudential development in small jurisdictions, expressly highlighting the challenges involved in transplanting law from elsewhere. It also explores the broad theme of transnationalism in the context of the development of Caribbean law, looking at the continuing influence of the colonial laws and the impact of international and regional norms on Caribbean jurisprudence. The development of Caribbean constitutional law is highlighted, along with the unique role of the most recently created regional court, the Caribbean Court of Justice (CCJ). The CCJ has a double role - exercising both an appellate jurisdiction and treaty interpreting jurisdiction. By exercising these very different functions the CCJ can have a unique role in helping to develop Caribbean law.
Keywords: Caribbean law, Caribbean jurisprudence, Caribbean constitutions, creolization, legal transplants, transnational, Commonwealth, international law, transformation, legitimate expectation, common law adjudication, Caribbean Court of Justice
JEL Classification: K00, K22, K23, K33, K49
Suggested Citation: Suggested Citation