Epilogue

• Pages: 337-342

CHAPTER 16

OUR POST-INDEPENDENCE CONSTITUTIONS

In these pages, we have expressed the view that, from the end of the Second World War in

1945 to the beginning of the 21st century, the Commonwealth Caribbean witnessed much

constitution making as one of its incidents of decolonisation.1

We have looked at the sources of the relevant constitutional provisions.2

We have examined in some depth the changing functions and responsibilities of the

judiciary, in the course of which we have suggested changes in court administration to

underscore the institutional independence of the judges in both the superior and lower

courts.3

We have drawn attention to a variety of problems encountered throughout the area in

the operation of all the Constitutions which have been the objects of our study.4

We have critically reviewed a number of Bills of Rights cases decided by different

judiciaries throughout the region. This work has been a tribute to the industry and single-

mindedness of our judges who have on the whole displayed much judicial valour in the

process.5

In the interest of students-at-law and others interested in the subject, we have also

examined in brief compass a number of broad themes such as the rule of law,6the

sovereignty of Parliament,7the separation of powers8and the conventions of the

Constitution.9

Implicit in our study of the broad themes, we have shown that the theory of the

indivisibility of the Crown has undergone considerable change since decolonisation

began. In those countries where the Queen remains Head of State, there is still a

constitutional fiction that all official acts are done in Her Majesty’s name, that the assent

given to legislation is ‘the royal assent’. The name of the Queen appears upon all writs in

the civil courts and criminal indictments are framed against accused persons in the

Sovereign’s name, viz, ‘R v John James’. Public officers are sometimes described as

servants of the Crown. In most Caribbean jurisdictions, the local police force is styled, the

… Royal Police Force. Even the prison is referred to as Her Majesty’s Prison.

337

EPILOGUE

1 See Wolf-Phillips (1970), p 18. See, also, a useful discussion of criteria of statehood by Judge Edward

Laing in an article entitled ‘Independence and islands’ (Laing, 1978, pp 302–06).

2 See Chapter 1.

3 See Chapter 13.

4 Chapters 7–12.

5 Chapter 6.

6 Chapter 2.

7 Chapter 3.

8 Chapter 4.

9 Chapter 5.