Preface

• Pages: 23-25
• Author: Rose-Marie Belle Antoine

PREFACE

This new and revised edition appears at a time when there are exciting developments

in the Law and Legal Systems of the Commonwealth Caribbean. Alternative Dispute

Resolution has been given new impetus and currency. Conciliation, arbitration and

case management are now familiar features of the legal process. Unquestionably, the

most significant development has been the decision of the Heads of Government of

the Caribbean Community to establish the Caribbean Court of Justice to replace the

Privy Council as the final appellate court of the Community. This decision continues

to provoke controversy and unease. Only two Member States have, to date, acceded

to the appellate jurisdiction of the Court.

With these developments, it is exceedingly difficult for this revised edition to

simply restate and update the law. To accommodate these and other developments as

well as the weaknesses and gaps in the first edition, this new and revised edition is

considerably expanded. As before, the work attempts to include the voices of those

who first started writing in this area.

A book on the subject of ‘Commonwealth Caribbean Law and Legal Systems’

presents some unique challenges. The Commonwealth Caribbean is racially diverse

with rather complex social formations. It comprises several sovereign and independ-

ent States, the majority of which are small and frankly, geographically, insignificant.

In this socio-political milieux, it is debatable whether one can speak of a ‘Common-

wealth Caribbean Legal System’ or of ‘Commonwealth Caribbean Legal Systems’. In

this book, a preference has been expressed for ‘Legal Systems’ to reflect not only the

sovereign status of the majority of these States, but also, the diversity that exists

within and among the States. In this sense, this work, despite having to concede to

broad similarities, applies the tools of the ‘comparative lawyer and academic’.

A deliberate effort has been made to maintain the philosophical underpinnings of

the original text. As in the first edition, this book seeks to locate the law in its social,

historical and political context. It constantly examines the interaction between law,

State and society. This is a challenging undertaking because no examination of the

Legal Systems of the Commonwealth Caribbean could ignore the fact that the people

of the region live in a plural, and racially diverse community of States.

The early chapters focus on the identity of Commonwealth Caribbean Legal

Systems. Chapter 2 turns to the history of slavery and colonialism to provide a

more contextual interpretation of the functions of law in Commonwealth Caribbean

Societies. The Legal Traditions which colonialism bequeathed, are examined in con-

siderable depth and detail. This leads to a comprehensive analysis of the remaining

hybrid or mixed systems of law.

The Chapters on the ‘Sources of Law’ have undergone significant adjustment and

change. The first edition broke new ground when it treated the norms of International

Law as an emerging but significant source of law. The discussion exceeded the con-

ventional treatment of the subject in textbooks on Legal Systems. This edition con-

firms International Law as a major source of law but explores in greater detail, its

impact on domestic law and in particular, the interpretation of the Constitutions of

Commonwealth Caribbean States.

Consistent with the redefinition of the ‘Sources of Law’, greater primacy is given to

Caribbean Constitutions as the most significant source in the hierarchy of legal