Derek O’Brien: Magna Carta, the Right to Trial by Jury and the ‘King of Sleaze’
As commentators mark the eight hundredth anniversary of Magna Carta by celebrating its influence in exporting ‘British values’, including the right to trial by jury, across the common law world, … Continue reading
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
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
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
