{"title":"Constitutional Principles","authors":"Se-shauna Wheatle","doi":"10.1093/law/9780198793045.003.0004","DOIUrl":"https://doi.org/10.1093/law/9780198793045.003.0004","url":null,"abstract":"This chapter situates constitutional principles within the construction of Caribbean constitutional identity and interrogates their role in shaping the relationship between Caribbean constitutionalism and constitutional law in related jurisdictions. The second section of the chapter outlines initial efforts at developing a Caribbean constitutional identity through constitutional drafting as well as judicial discovery and use of constitutional principles in early constitutional interpretation in the region. The third section analyses the friction between recourse to unwritten norms and a new constitutional direction built on codified constitutions, by examining the extent to which constitutional principles function as vessels for incorporation of foreign law. The fourth section charts a path forward, advocating a ‘creolized’ Caribbean constitutionalism that blends the varying local and global influences on Caribbean law and society.","PeriodicalId":378474,"journal":{"name":"The Oxford Handbook of Caribbean Constitutions","volume":"5 7","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114019713","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"Black Power in the Caribbean","authors":"Rupert Lewis","doi":"10.1093/law/9780198793045.003.0023","DOIUrl":"https://doi.org/10.1093/law/9780198793045.003.0023","url":null,"abstract":"The rise of comparative constitutional studies has made our world much smaller and more accessible than ever before. We are in an era of unprecedented interest in understanding and learning from others as individuals and institutions invest enormous amounts of time and resources into facilitating cross-national exchange and education in constitutional law. Yet some parts of the globe are still waiting to be discovered. With few exceptions, the Caribbean has remained understudied and underappreciated outside of the region itself. Not only on its own terms as a part of the larger world, but for how the lived experiences of the countries in the region can help illuminate new and productive approaches to challenges facing constitutional democracies across the globe. This book begins to fill the enormous void in our comparative knowledge of the constitutional systems of the world. The Caribbean is home not only many different constitutional systems, but also to different traditions of constitutionalism, making it more appropriate to speak of the various Caribbean constitutionalisms. The book seeks to both inform readers about these traditions of constitutionalism and to illuminate their implications for constitutional adjudication, evolution, interpretation, and reform. What results is a rich diversity of historical and modern constitutional experience that puts an end, once and for all, to the conventional misunderstanding of Caribbean constitutions as being one and the same.","PeriodicalId":378474,"journal":{"name":"The Oxford Handbook of Caribbean Constitutions","volume":"78 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125909602","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
{"title":"The Constitutional Framework of the French Caribbean","authors":"D. Marrani, Sacha Sydoryk","doi":"10.1093/law/9780198793045.003.0011","DOIUrl":"https://doi.org/10.1093/law/9780198793045.003.0011","url":null,"abstract":"France is a unitary State. As such, it only has one unique parliament, one unique government, and one unique constitution, which lays down the framework for the governance of its territories around the world. Included amongst these territories are Guadeloupe, Martinique, Saint Martin and Saint Barthelemy, which are located in the Caribbean. This chapter focuses on the general framework of their functioning within the French Constitution. It begins by discussing the history of the French Caribbean. It then considers how the different territories are currently governed as an integral part of the State. It argues that the French Caribbean should not be regarded as a mere replica of the functioning of the administrative subdivisions of mainland France. The four French Caribbean territories are, to various degrees, more independent from the State’s interference than the other administrative subdivisions in mainland France.","PeriodicalId":378474,"journal":{"name":"The Oxford Handbook of Caribbean Constitutions","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-07-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114609518","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}