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Author: Kirk Peter Meighoo Publisher: Ian Randle Publishers ISBN: 976637337X Category : Constitutional history Languages : en Pages : 266
Book Description
"The countries of the Commonwealth Caribbean are all self-governing, determining their own futures. But some 40 years after gaining independence from Britain, the question remains whether these countries are truly democratic and whether the parliamentary and electoral systems adopted, are well suited to the Caribbean experience. Meighoo and Jamadar answer these questions in the negative. A true democracy, they argue, is one where the Legislature has the authority and the strength to make the Executive effectively accountable and responsible to it and where the electoral system results in the true practical separation of the Legislature and the Executive. Using Trinidad and Tobago as the model, Democracy and Constitution Reform in Trinidad and Tobago offers an overview of the constitutional reform process in the Commonwealth Caribbean. In these young, postcolonial democracies, where party politics have had a negative impact on the process of democratic reform, the authors review the historical, political and cultural motivations that have spawned the most recent debates on constitutional reform; and more particularly on the proposals for parliamentary and electoral reform. The book concludes with a review of past proposals and recommendations, and puts forward the authors' own suggestions for reform. At a time when most of the Commonwealth Caribbean is undergoing a process of constitutional debate and change, this book makes a valuable contribution to the discussion and provides a basis for the informed citizen, student or pundit to judge the process of reform. "
Author: Kirk Peter Meighoo Publisher: Ian Randle Publishers ISBN: 976637337X Category : Constitutional history Languages : en Pages : 266
Book Description
"The countries of the Commonwealth Caribbean are all self-governing, determining their own futures. But some 40 years after gaining independence from Britain, the question remains whether these countries are truly democratic and whether the parliamentary and electoral systems adopted, are well suited to the Caribbean experience. Meighoo and Jamadar answer these questions in the negative. A true democracy, they argue, is one where the Legislature has the authority and the strength to make the Executive effectively accountable and responsible to it and where the electoral system results in the true practical separation of the Legislature and the Executive. Using Trinidad and Tobago as the model, Democracy and Constitution Reform in Trinidad and Tobago offers an overview of the constitutional reform process in the Commonwealth Caribbean. In these young, postcolonial democracies, where party politics have had a negative impact on the process of democratic reform, the authors review the historical, political and cultural motivations that have spawned the most recent debates on constitutional reform; and more particularly on the proposals for parliamentary and electoral reform. The book concludes with a review of past proposals and recommendations, and puts forward the authors' own suggestions for reform. At a time when most of the Commonwealth Caribbean is undergoing a process of constitutional debate and change, this book makes a valuable contribution to the discussion and provides a basis for the informed citizen, student or pundit to judge the process of reform. "
Author: Allan C. Hutchinson Publisher: University of Toronto Press ISBN: 1487507933 Category : Constitutional law Languages : en Pages : 220
Book Description
Bold and unconventional, this book advocates for an institutional turn-about in the relationship between democracy and constitutionalism.
Author: Ran Hirschl Publisher: Harvard University Press ISBN: 9780674038677 Category : Law Languages : en Pages : 306
Book Description
In countries and supranational entities around the globe, constitutional reform has transferred an unprecedented amount of power from representative institutions to judiciaries. The constitutionalization of rights and the establishment of judicial review are widely believed to have benevolent and progressive origins, and significant redistributive, power-diffusing consequences. Ran Hirschl challenges this conventional wisdom. Drawing upon a comprehensive comparative inquiry into the political origins and legal consequences of the recent constitutional revolutions in Canada, Israel, New Zealand, and South Africa, Hirschl shows that the trend toward constitutionalization is hardly driven by politicians' genuine commitment to democracy, social justice, or universal rights. Rather, it is best understood as the product of a strategic interplay among hegemonic yet threatened political elites, influential economic stakeholders, and judicial leaders. This self-interested coalition of legal innovators determines the timing, extent, and nature of constitutional reforms. Hirschl demonstrates that whereas judicial empowerment through constitutionalization has a limited impact on advancing progressive notions of distributive justice, it has a transformative effect on political discourse. The global trend toward juristocracy, Hirschl argues, is part of a broader process whereby political and economic elites, while they profess support for democracy and sustained development, attempt to insulate policymaking from the vicissitudes of democratic politics.
Author: Cynthia Barrow-Giles Publisher: Ian Randle Publishers ISBN: 9766371482 Category : Business & Economics Languages : en Pages : 580
Book Description
"The idea that the Caribbean could be devolving downward in wealth, function and sovereignty has become a recurrent theme in both academic and popular literature. By focusing on some of the current issues facing Caribbean nation states, the editors and contributors to this volume hope to inform and contribute to the ongoing debate on the broad themes of Sovereignty and Development and the prospects for survival of Caribbean nation states in a globalised world. While some of the papers seek to describe and analyse the range and complexity of the challenge to national sovereignty and public policy autonomy, others focus on issues relating to small country size, gender and ethnic tensions, security, constitutional reform and regional integration. The result is a balanced perspective; the contributors do not gloss over the problem faced by the region. At the same time they do not present a hyper-pessimistic picture of Caribbean development prospects. What gives the collection a particular dynamism is the way in which the authors have challenged the terrain of political possibilities traditionally defined for small peripheral socities. "
Author: Simeon C. R. McIntosh Publisher: Ian Randle Publishers ISBN: 9789768167286 Category : Law Languages : en Pages : 0
Book Description
"This is the first book to be written on Caribbean constitutional theory. 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. At its core is the premise that constitutional reform must necessarily result in a redefining of West Indian political identity. 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. The existing constitutions were all the result of the collaborative efforts of the region's political elite and British officials, with no participation from the West Indian people. The Crown is still claimed and the Judicial Committee of the Privy Council remains the final appellate court. In the result, political independence has simply meant that the countries of the Commonwealth Caribbean are independent subjects of the Crown rather than colonial subjects. The book begins with the process of 'lawful devolution of sovereignty' and the origins of the sovereign states of the Commonwealth Caribbean and proceeds to address the theoretical issues of founding and amendability as well as such pressing issues about the relationship between a prime minister and a head of state in a parliamentary republic and electoral reform. An entire chapter is devoted to the Bill of Rights and addresses the fundamental rights and freedoms preserved in Caribbean Bills of Rights as well as the controversial and paradoxical Savings Clauses, which in and of themselves might justify the rewriting of the fundamental rights provisions of Commonwealth Caribbean Constitutions. Caribbean Constitutional Reform offers a philosophical justification for the establishment of a Caribbean Supreme Court based on the idea of sovereignty and the right of a people to define themselves. This work makes the first definitive step to addressing these critical issues in Caribbean constitutional theory and sets the stage for a 'new constitutional discourse' shaped by a Caribbean court of final appeal. "
Author: Martin Loughlin Publisher: Harvard University Press ISBN: 0674268024 Category : LAW Languages : en Pages : 273
Book Description
A critical analysis of the transformation of constitutionalism from an increasingly irrelevant theory of limited government into the most influential philosophy of governance in the world today. Constitutionalism is universally commended because it has never been precisely defined. Martin Loughlin argues that it is not some vague amalgam of liberal aspirations but a specific and deeply contentious governing philosophy. An Enlightenment idea that in the nineteenth century became America's unique contribution to the philosophy of government, constitutionalism was by the mid-twentieth century widely regarded as an anachronism. Advocating separated powers and limited government, it was singularly unsuited to the political challenges of the times. But constitutionalism has since undergone a remarkable transformation, giving the Constitution an unprecedented role in society. Once treated as a practical instrument to regulate government, the Constitution has been raised to the status of civil religion, a symbolic representation of collective unity. Against Constitutionalism explains why this has happened and its far-reaching consequences. Spearheaded by a "rights revolution" that subjects governmental action to comprehensive review through abstract principles, judges acquire greatly enhanced power as oracles of the regime's "invisible constitution." Constitutionalism is refashioned as a theory maintaining that governmental authority rests not on collective will but on adherence to abstract standards of "public reason." And across the world the variable practices of constitutional government have been reshaped by its precepts. Constitutionalism, Loughlin argues, now propagates the widespread belief that social progress is advanced not through politics, electoral majorities, and legislative action, but through innovative judicial interpretation. The rise of constitutionalism, commonly conflated with constitutional democracy, actually contributes to its degradation.
Author: Derek O'Brien Publisher: Bloomsbury Publishing ISBN: 1782253955 Category : Law Languages : en Pages : 357
Book Description
The Commonwealth Caribbean comprises a group of countries (mainly islands) lying in an arc between Florida in the north and Venezuela in the south. Varying widely in terms of their size, population, ethnic composition and economic wealth, these countries are, nevertheless, linked by their shared experience of colonial rule under the British Empire and their decision, upon attaining independence, to adopt a constitutional system of government based on the so-called 'Westminster model'. Since independence these countries have, in the main, enjoyed a sustained period of relative political stability, which is in marked contrast to the experience of former British colonies in Africa and Asia. This book seeks to explore how much of this is due to their constitutional arrangements by examining the constitutional systems of these countries in their context and questioning how well the Westminster model of democracy has successfully adapted to its transplantation to the Commonwealth Caribbean. While taking due account of the region's colonial past and its imprint on postcolonial constitutionalism, the book also considers notable developments that have occurred since independence. These include the transformation of Guyana from a parliamentary democracy to a Cooperative Republic with an executive president; the creation of a Caribbean Single Market and Economy and its implications for national sovereignty; and the replacement of the Judicial Committee of the Privy Council by the Caribbean Court of Justice as the final court of appeal for a number of countries in the region. The book also addresses the resurgence of interest in constitutional reform across the region in the last two decades, which has culminated in demands for radical reforms of the Westminster model of government and the severance of all remaining links with colonial rule.
Author: John Hart Ely Publisher: Harvard University Press ISBN: 0674263294 Category : Law Languages : en Pages : 281
Book Description
This powerfully argued appraisal of judicial review may change the face of American law. Written for layman and scholar alike, the book addresses one of the most important issues facing Americans today: within what guidelines shall the Supreme Court apply the strictures of the Constitution to the complexities of modern life? Until now legal experts have proposed two basic approaches to the Constitution. The first, “interpretivism,” maintains that we should stick as closely as possible to what is explicit in the document itself. The second, predominant in recent academic theorizing, argues that the courts should be guided by what they see as the fundamental values of American society. John Hart Ely demonstrates that both of these approaches are inherently incomplete and inadequate. Democracy and Distrust sets forth a new and persuasive basis for determining the role of the Supreme Court today. Ely’s proposal is centered on the view that the Court should devote itself to assuring majority governance while protecting minority rights. “The Constitution,” he writes, “has proceeded from the sensible assumption that an effective majority will not unreasonably threaten its own rights, and has sought to assure that such a majority not systematically treat others less well than it treats itself. It has done so by structuring decision processes at all levels in an attempt to ensure, first, that everyone’s interests will be represented when decisions are made, and second, that the application of those decisions will not be manipulated so as to reintroduce in practice the sort of discrimination that is impermissible in theory.” Thus, Ely’s emphasis is on the procedural side of due process, on the preservation of governmental structure rather than on the recognition of elusive social values. At the same time, his approach is free of interpretivism’s rigidity because it is fully responsive to the changing wishes of a popular majority. Consequently, his book will have a profound impact on legal opinion at all levels—from experts in constitutional law, to lawyers with general practices, to concerned citizens watching the bewildering changes in American law.
Author: Kenneth O. Hall Publisher: Ian Randle Publishers ISBN: 9766373302 Category : Caribbean Area Languages : en Pages : 220
Book Description
"Ever since the collapse of the West Indies Federation in 1958, debate has raged on the subject of regional integration. In this collection, the contributors illustrate that Caribbean people s similarities far outweigh any drawbacks from their diversity. The survival and success of regional institutions in health, social services, youth empowerment, education and agriculture, among others, have served to create a common bond of understanding and appreciation of the oneness of the Caribbean people. While the regional integration movement is primarily an institutional activity, its success will depend largely on the impact on the people of the region by these institutions. The contributors argue that an approach which puts people a the centre of development is necessary for the construction and effective functioning of the CARICOM Single Market and Economy the linchpin of Caribbean survival in the new globalized dispensation. "
Author: Kirk Peter Meighoo
Author: Kirk Peter Meighoo
Author: Allan C. Hutchinson
Author: Ran Hirschl
Author: Cynthia Barrow-Giles
Author: Simeon C. R. McIntosh
Author: Martin Loughlin
Author: Derek O'Brien
Author: John Hart Ely
Author: Vivien Hart
Author: Kenneth O. Hall