UK Constitutional Law Association

affiliated to the International Association of Constitutional Law

Derek O’Brien – Comment On The Caribbean: Commonwealth Caribbean Elections.

When comparing the relative political stability of Britain’s former colonies in the Commonwealth Caribbean with the lack thereof in former British colonies in Africa and Asia and the former colonies … Continue reading

July 29, 2014 · Leave a comment

Se-shauna Wheatle: Maurice Tomlinson v Television Jamaica Ltd: Horizontal Rights Application in Jamaica

For more than twenty years Jamaica was engaged in the process of amending the Chapter of Fundamental Rights enshrined in the Constitution of Jamaica 1962. The culmination of that project … Continue reading

December 11, 2013 · 4 Comments

Derek O’Brien: CARICOM: ‘a new legal order’?

The recent case of Myrie v Barbados, in which the Caribbean Court of Justice (CCJ) held that the actions of the Barbados immigration authorities in refusing entry to a Jamaican … Continue reading

November 8, 2013 · Leave a comment

Derek O’Brien: The Basic Structure Doctrine and the Courts of the Commonwealth Caribbean

The basic structure doctrine, as first expounded by the Indian Supreme Court in the early 1970s in Kesavanand Bharati v Kerala (A.I.R. 1973 SC 1461), asserts that the law-making powers … Continue reading

May 28, 2013 · 3 Comments

Derek O’Brien and Se-shauna Wheatle: The Commonwealth Caribbean and the Uses and Abuses of Comparative Constitutional Law

The practice of judges engaging in a transnational judicial conversation about constitutional rights, by referring to the judgments of international human rights courts and other constitutional courts when interpreting their … Continue reading

November 22, 2011 · 2 Comments
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