The Judicial Committee of the Privy Council and the Caribbean Court of Justice

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Author :
Publisher : Rowman & Littlefield
ISBN 13 : 1498586953
Total Pages : 161 pages
Book Rating : 4.4/5 (985 download)

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Book Synopsis The Judicial Committee of the Privy Council and the Caribbean Court of Justice by : Harold A. Young

Download or read book The Judicial Committee of the Privy Council and the Caribbean Court of Justice written by Harold A. Young and published by Rowman & Littlefield. This book was released on 2020-07-31 with total page 161 pages. Available in PDF, EPUB and Kindle. Book excerpt: Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

Privy Council Practice

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780198798491
Total Pages : 0 pages
Book Rating : 4.7/5 (984 download)

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Book Synopsis Privy Council Practice by : Jonathan Mance

Download or read book Privy Council Practice written by Jonathan Mance and published by Oxford University Press, USA. This book was released on 2017 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for jurisdictions including the British Overseas Territories and Crown Dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council. This volume aims to explain the JCPC's unique procedures, practices, and, where relevant, jurisprudence in a manner which is readily accessible, even to those unfamiliar with it. It will provide valuable guidance to practitioners considering whether to seek recourse to the JCPC and, if an appeal is pursued, throughout the appeal process. This comprehensive guide to the JCPC is the first work of its kind since 1937. It includes chapters on jurisdiction, conditions of appeal, precedent, and the JCPC's role in interpreting constitutions as part of a workload which still ranges from death row criminal cases to heavy commercial disputes. Importantly, the authors provide detailed commentary on the complex Rules and Practice Directions that underwent a significant overhaul in 2009, for which no dedicated volume currently exists. Emphasis is placed on topics of greatest practical importance to litigants, including timings, the form and content of written cases, issues of costs, and the role of the Registrar. This one-stop reference is essential for any practitioner in the countries for which the JCPC remains the final court of appeal, as well as for UK solicitors acting as local counsel and members of the UK Bar instructed in JCPC appeals. It also provides students and academics with chapters on the history, jurisprudence, and the sources of law considered by the JCPC, as well as on its interaction with other court systems. The release of this work is particularly timely given that in the judgment Willers v Gubayi [2016] UKSC 44 the UK Supreme Court explained for the first time the circumstances in which the JCPC may bind the Courts of England and Wales. With authoritative authorship and unique content, this is a must-have resource for all those pursuing a case before, or with an interest in, the JCPC.

Guardian of the Treaty

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Publisher :
ISBN 13 : 9781846825873
Total Pages : 0 pages
Book Rating : 4.8/5 (258 download)

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Book Synopsis Guardian of the Treaty by : Thomas Mohr

Download or read book Guardian of the Treaty written by Thomas Mohr and published by . This book was released on 2016 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Judicial Committee of the Privy Council was the final appellate court of the British Empire. In 1935 the Irish Free State was recognized as the first part of the empire to abolish the appeal to the Privy Council. This book examines the controversial Irish appeal to the Privy Council in the wider context of the history of the British Empire in the early 20th century. In particular, it analyses Irish resistance to the imposition of the appeal in 1922 and attempts to abolish it at the Imperial conferences of the 1920s and 1930s. The book also examines the various means by which the Oireachtas attempted to block appeals from the Irish Supreme Court. In addition, this work examines the contention that the Privy Council appeal offered a means of safeguarding the rights of the Protestant minority within the Irish Free State. Finally, it reveals British intentions that the Privy Council act as the guardian and enforcer of the integrity of the Anglo-Irish settlement embodied in the 1921 Treaty. The conclusion to this work explains why the Privy Council was unsuccessful in protecting this settlement. (Series: Irish Legal History Society, Vol. 25) [Subject: Legal History, 20th-Century History, Local & National Government, Ireland & Europe]

Imperial Justice

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Publisher : Oxford University Press, USA
ISBN 13 : 0199664846
Total Pages : 226 pages
Book Rating : 4.1/5 (996 download)

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Book Synopsis Imperial Justice by : Bonny Ibhawoh

Download or read book Imperial Justice written by Bonny Ibhawoh and published by Oxford University Press, USA. This book was released on 2013-09 with total page 226 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is a vital study of the motivations of the British Imperial Appeal Courts and the tensions between the demands of imperial law and justice and those of African law and custom. Examining the central role of the Privy Council and the Courts, it reveals the impact of the colonized peoples in shaping the processes and outcomes of imperial justice.

The Persons Case

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Publisher : University of Toronto Press
ISBN 13 : 1442692340
Total Pages : 305 pages
Book Rating : 4.4/5 (426 download)

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Book Synopsis The Persons Case by : Robert J. Sharpe

Download or read book The Persons Case written by Robert J. Sharpe and published by University of Toronto Press. This book was released on 2008-04-12 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: On 18 October 1929, John Sankey, England's reform-minded Lord Chancellor, ruled in the Persons case that women were eligible for appointment to Canada's Senate. Initiated by Edmonton judge Emily Murphy and four other activist women, the Persons case challenged the exclusion of women from Canada's upper house and the idea that the meaning of the constitution could not change with time. The Persons Case considers the case in its political and social context and examines the lives of the key players: Emily Murphy, Nellie McClung, and the other members of the "famous five," the politicians who opposed the appointment of women, the lawyers who argued the case, and the judges who decided it. Robert J. Sharpe and Patricia I. McMahon examine the Persons case as a pivotal moment in the struggle for women's rights and as one of the most important constitutional decisions in Canadian history. Lord Sankey's decision overruled the Supreme Court of Canada's judgment that the courts could not depart from the original intent of the framers of Canada's constitution in 1867. Describing the constitution as a "living tree," the decision led to a reassessment of the nature of the constitution itself. After the Persons case, it could no longer be viewed as fixed and unalterable, but had to be treated as a document that, in the words of Sankey, was in "a continuous process of evolution." The Persons Case is a comprehensive study of this important event, examining the case itself, the ruling of the Privy Council, and the profound affect that it had on women's rights and the constitutional history of Canada.

Judicial Review in the Commonwealth Caribbean

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Author :
Publisher : Routledge
ISBN 13 : 1136775609
Total Pages : 344 pages
Book Rating : 4.1/5 (367 download)

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Book Synopsis Judicial Review in the Commonwealth Caribbean by : Rajendra Ramlogan

Download or read book Judicial Review in the Commonwealth Caribbean written by Rajendra Ramlogan and published by Routledge. This book was released on 2016-03-31 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: The establishment of the Caribbean Court of Justice sees the countries of the Commonwealth Caribbean at an important and exciting judicial crossroads. Debate, often acrimonious, continues over the abolishment of ties to the Judicial Committee of the Privy Council and, increasingly those influencing the debate are a more educated and articulate Cari

The Lawmakers

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Publisher : University of Toronto Press
ISBN 13 : 9780802086563
Total Pages : 486 pages
Book Rating : 4.0/5 (865 download)

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Book Synopsis The Lawmakers by : John T. Saywell

Download or read book The Lawmakers written by John T. Saywell and published by University of Toronto Press. This book was released on 2002-01-01 with total page 486 pages. Available in PDF, EPUB and Kindle. Book excerpt: Comprehensive, ambitious, and detailed, The Lawmakers will be the definitive work on the evolution of the law of Canadian federalism.

Model Rules of Professional Conduct

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Publisher : American Bar Association
ISBN 13 : 9781590318737
Total Pages : 216 pages
Book Rating : 4.3/5 (187 download)

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Book Synopsis Model Rules of Professional Conduct by : American Bar Association. House of Delegates

Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.

The Judicial Committee of the Privy Council 1833-1876

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Author :
Publisher : Cambridge University Press
ISBN 13 : 9780521085595
Total Pages : 286 pages
Book Rating : 4.0/5 (855 download)

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Book Synopsis The Judicial Committee of the Privy Council 1833-1876 by : P. A. Howell

Download or read book The Judicial Committee of the Privy Council 1833-1876 written by P. A. Howell and published by Cambridge University Press. This book was released on 2008-10-14 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the nineteenth century, the Judicial Committee of the Privy Council held sway over the lives, liberties and property of more than a quarter of the world's inhabitants.

Appeals to the Privy Council from the American Plantations

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Publisher : Buccaneer Books
ISBN 13 : 9780374974862
Total Pages : 770 pages
Book Rating : 4.9/5 (748 download)

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Book Synopsis Appeals to the Privy Council from the American Plantations by : Joseph H. Smith

Download or read book Appeals to the Privy Council from the American Plantations written by Joseph H. Smith and published by Buccaneer Books. This book was released on 1965-01-01 with total page 770 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971

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Author :
Publisher : Springer
ISBN 13 : 3319696912
Total Pages : 286 pages
Book Rating : 4.3/5 (196 download)

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Book Synopsis Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971 by : Ellen R. Feingold

Download or read book Colonial Justice and Decolonization in the High Court of Tanzania, 1920-1971 written by Ellen R. Feingold and published by Springer. This book was released on 2018-02-09 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is the first study of the development and decolonization of a British colonial high court in Africa. It traces the history of the High Court of Tanzania from its establishment in 1920 to the end of its institutional process of decolonization in 1971. This process involved disentangling the High Court from colonial state structures and imperial systems that were built on racial inequality while simultaneously increasing the independence of the judiciary and application of British judicial principles. Feingold weaves together the rich history of the Court with a discussion of its judges – both as members of the British Colonial Legal Service and as individuals – to explore the impacts and intersections of imperial policies, national politics, and individual initiative. Colonial Justice and Decolonization in the High Court of Tanzania is a powerful reminder of the crucial roles played by common law courts in the operation and legitimization of both colonial and post-colonial states.

The Caribbean Court of Justice

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Publisher : Ian Randle Publishers
ISBN 13 : 9768167416
Total Pages : 384 pages
Book Rating : 4.7/5 (681 download)

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Book Synopsis The Caribbean Court of Justice by : Duke E. Pollard

Download or read book The Caribbean Court of Justice written by Duke E. Pollard and published by Ian Randle Publishers. This book was released on 2004 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: "What do we really know about the impending Caribbean Court of Justice? The vexed issue of the Court's establishment has been the subject of much debate but how much of this debate is informed by the facts? This book bridges the information gap and provides an authoritative guide to the composition, function and administration of this new Court. In a comprehensive yet clear and concise style, the reader is given a background to the more contentious issues such as the funding of the Court, its constitutionality, its original and appellate jurisdiction and the process of delinking from the Privy Council. The exposition and analysis is complemented by an Appendix which includes the Agreements Establishing the Caribbean Court of Justice and the CCJ Trust Fund as well as the accords concerning the Regional Judicial and Legal Services Commission. "

Asia-Pacific Judiciaries

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Publisher : Cambridge University Press
ISBN 13 : 1107137721
Total Pages : 473 pages
Book Rating : 4.1/5 (71 download)

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Book Synopsis Asia-Pacific Judiciaries by : H. P. Lee

Download or read book Asia-Pacific Judiciaries written by H. P. Lee and published by Cambridge University Press. This book was released on 2018 with total page 473 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explores judicial independence, integrity and impartiality in Asia-Pacific countries.

Flawed Precedent

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Publisher : UBC Press
ISBN 13 : 0774861088
Total Pages : 353 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Flawed Precedent by : Kent McNeil

Download or read book Flawed Precedent written by Kent McNeil and published by UBC Press. This book was released on 2019-06-01 with total page 353 pages. Available in PDF, EPUB and Kindle. Book excerpt: In 1888, the Judicial Committee of the Privy Council ruled in St. Catherine’s Milling and Lumber Company v. The Queen, a case involving the Saulteaux people’s land rights in Ontario. This precedent-setting case would define the legal contours of Aboriginal title in Canada for almost a hundred years, despite the racist assumptions about Indigenous peoples at the heart of the case. In Flawed Precedent, preeminent legal scholar Kent McNeil provides a compelling account of this contentious case. He begins by delving into the historical and ideological context of the 1880s. He then examines the trial in detail, demonstrating how prejudicial attitudes towards Indigenous peoples influenced the decision. He further discusses the effects that St. Catherine’s had on law and policy until the 1970s when its authority was finally questioned in Calder, then in Delgamuukw, Marshall/Bernard, Tsilhqot’in, and other key rulings. He also provides an informative analysis of the current judicial understanding of Aboriginal title in Canada, now driven by evidence of Indigenous law and land use rather than by the discarded prejudicial assumptions of a bygone era.

Six Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases, 1850-1872

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Publisher :
ISBN 13 :
Total Pages : 378 pages
Book Rating : 4.A/5 ( download)

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Book Synopsis Six Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases, 1850-1872 by : Great Britain. Privy Council. Judicial Committee

Download or read book Six Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases, 1850-1872 written by Great Britain. Privy Council. Judicial Committee and published by . This book was released on 1874 with total page 378 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Collection of the Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases relating to Doctrine and Discipline: with a preface by the Lord Bishop of London, and an historical introduction. Edited-under the direction of the Lord Bishop of London-by the Hon. George C. Brodrick ... and the Rev. William H. Fremantle

Download Collection of the Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases relating to Doctrine and Discipline: with a preface by the Lord Bishop of London, and an historical introduction. Edited-under the direction of the Lord Bishop of London-by the Hon. George C. Brodrick ... and the Rev. William H. Fremantle PDF Online Free

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Publisher :
ISBN 13 :
Total Pages : 502 pages
Book Rating : 4.0/5 (17 download)

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Book Synopsis Collection of the Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases relating to Doctrine and Discipline: with a preface by the Lord Bishop of London, and an historical introduction. Edited-under the direction of the Lord Bishop of London-by the Hon. George C. Brodrick ... and the Rev. William H. Fremantle by : Great Britain. Privy Council. Judicial Committee

Download or read book Collection of the Judgments of the Judicial Committee of the Privy Council in Ecclesiastical Cases relating to Doctrine and Discipline: with a preface by the Lord Bishop of London, and an historical introduction. Edited-under the direction of the Lord Bishop of London-by the Hon. George C. Brodrick ... and the Rev. William H. Fremantle written by Great Britain. Privy Council. Judicial Committee and published by . This book was released on 1865 with total page 502 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Constitutional Law

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Author :
Publisher : Essentials of Canadian Law
ISBN 13 : 9781552214404
Total Pages : 672 pages
Book Rating : 4.2/5 (144 download)

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Book Synopsis Constitutional Law by : Patrick Monahan

Download or read book Constitutional Law written by Patrick Monahan and published by Essentials of Canadian Law. This book was released on 2017-01-31 with total page 672 pages. Available in PDF, EPUB and Kindle. Book excerpt: The fifth edition of Constitutional Law represents a significant update of the fourth edition. Since 2013, the Supreme Court of Canada has continued to develop the jurisprudence in all areas of constitutional law, including freedom of association, equality rights, and Indigenous title. The book includes the complete Canadian Constitution.