Academic literature on the topic 'Eastern Caribbean Supreme Court'

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Journal articles on the topic "Eastern Caribbean Supreme Court"

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Chambers, Tania. "Pivoting in a Pandemic: Virtual Hearings, Vulnerable Witnesses and the Journey Toward a More Therapeutic Caribbean Court." Journal of Developing Societies 39, no. 4 (2023): 445–67. http://dx.doi.org/10.1177/0169796x231209155.

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In the global judicial response to COVID-19 restrictions, virtual hearings were expanded beyond special accommodations for children and vulnerable witnesses to facilitate a range of court proceedings. Not much is known about the phenomenon in Caribbean contexts. As a result of this gap, the current study analyzes content from Practice Directions issued by Supreme Courts in Jamaica, Trinidad and Tobago, and the Eastern Caribbean from 2020 to 2022. It identifies patterns in the rules surrounding virtual hearings and their relevance to the vision of a more therapeutic Caribbean court. Results ind
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Daly, Samuel Fury Childs. "The Portable Coup: The Jurisprudence of ‘Revolution’ in Uganda and Nigeria." Law and History Review 39, no. 4 (2021): 737–64. http://dx.doi.org/10.1017/s0738248021000444.

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In the years after independence, former British colonies in eastern and southern Africa struggled to fill the ranks of their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. In this same period, a wave of coups brought many independent states under the rule of their militaries (or authoritarian civilian regimes). Foreign judges who had been appointed in the name of pan-African cooperation were tasked with interpreting the laws that soldiers
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Serzhanova, Viktoria. "Supreme Court Systems in the Nordic Countries. An Outline of the Issue." Roczniki Nauk Prawnych 28, no. 2 ENGLISH ONLINE VERSION (2019): 81–94. http://dx.doi.org/10.18290/rnp.2018.28.2-6en.

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The aim of the study is to provide a comparative analysis of the role and tasks that the supreme courts perform in the Nordic legal and political systems. The main focus of the paper is on considerations of the tasks, goals, role and functions of the supreme courts in the Nordic countries, as well as the principles of organisation and functioning on which the supreme court systems in this region of Europe are based. An important part of this study covered the determination of common features and differences that can be seen when comparing countries of the eastern and western Nordic legal cultu
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Singh, Ciresh. "Notes: A call for specialised foreclosure courts and a separate foreclosure roll — An analysis of South African Human Rights Commission v Standard Bank of South Africa Ltd (CC)." South African Law Journal 140, no. 3 (2023): 481–94. http://dx.doi.org/10.47348/salj/v140/i3a2.

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In South African Human Rights Commission v Standard Bank of South Africa Ltd 2023 (3) SA 36 (CC), the Constitutional Court held that a bank is not obliged to take a foreclosure matter to the magistrate’s court, even if the magistrate’s court has jurisdiction over the matter. The apex court confirmed that a court is not entitled to decline to hear a matter properly brought before it because another court has concurrent jurisdiction. Before this decision, the Gauteng and Eastern Cape Divisions of the High Court both found that the High Court was entitled to decline to hear a matter if the matter
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Anderson, Winston. "Foreign Orders and Local Land: The Caribbean Gets its Own Version of Duke v. Andler." International and Comparative Law Quarterly 48, no. 1 (1999): 167–76. http://dx.doi.org/10.1017/s0020589300062928.

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The general principle, best articulated in the leading case of British South Africa Company v. Companhia de Mocambique,1 is that a court in the Commonwealth will not entertain an action involving the title to foreign realty. However, there are two established exceptions. First, a court of equity will not refuse jurisdiction if the plaintiff's claim is based on contract, trust or fraud affecting the foreign land, and the court has jurisdiction in personam over the defendant.2In personam jurisdiction may be established if the defendant is present within the jurisdiction, submits to the court, or
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Surbun, Vishal, and Paul Swanepoel. "Seismic surveys in South Africa’s maritime domain: The Sustaining the Wild Coast cases." South African Law Journal 141, no. 7 (2024): 685–702. https://doi.org/10.47348/salj/v141/i4a4.

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The decision in Sustaining the Wild Coast & others v Minister of Mineral Resources and Energy & others represented a landmark victory for local communities in the Eastern Cape over prominent oil companies, notably Shell. The applicants sought an interim interdict in the High Court to prevent Shell from undertaking a seismic survey pursuant to an exploration right, pending the determination of an application for a final interdict. The High Court, in hearing the application for the final interdict, also considered various grounds of review under the Promotion of Access to Administrative
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WILSON, BRUCE M., JUAN CARLOS RODRÍGUEZ CORDERO, and ROGER HANDBERG. "The Best Laid Schemes … Gang Aft A-gley: Judicial Reform in Latin America – Evidence from Costa Rica." Journal of Latin American Studies 36, no. 3 (2004): 507–31. http://dx.doi.org/10.1017/s0022216x04007771.

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‘Judicial independence is a means to a strong judicial institution, which is a means to personal liberty and prosperity.’ United States Supreme Court Justice Stephen G. Breyer.Starting in the 1980s, and accelerating through the 1990s, international financial institutions (IFIs), non-governmental organisations (NGOs) and development agencies funnelled considerable resources into judicial reform and rule of law programmes in virtually every Latin American and Caribbean country. The assumption was that reformed court systems would foster free market economic development strategies. This article e
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Lopez, Akeem. "Rethinking Directors’ Statutory Fiduciary Duties in the Commonwealth Caribbean: Should Sequana be Followed?" Business Law Review 44, Issue 5 (2023): 183–87. http://dx.doi.org/10.54648/bula2023023.

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The scope and nature of directors’ duties has been the subject of much judicial and academic debate. In the recent BTI 2014 LLC v. Sequana SA decision, the UK Supreme Court firmly established the creditor duty in English company law. This paper proposes to examine the basis and nature of the duty including its Commonwealth origin. The focal point of this paper is to determine the question of whether such a creditor duty would be accepted as existing by courts in the Commonwealth Caribbean. In providing the answer to that question, this article makes reference to numerous Canadian cases in whic
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Flanagan, Brian, and Sinéad Ahern. "JUDICIAL DECISION-MAKING AND TRANSNATIONAL LAW: A SURVEY OF COMMON LAW SUPREME COURT JUDGES." International and Comparative Law Quarterly 60, no. 1 (2011): 1–28. http://dx.doi.org/10.1017/s0020589310000655.

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AbstractThis is a survey study of 43 judges from the British House of Lords, the Caribbean Court of Justice, the High Court of Australia, the Constitutional Court of South Africa, and the Supreme Courts of Ireland, India, Israel, Canada, New Zealand and the United States on the use of foreign law in constitutional rights cases. We find that the conception of apex judges citing foreign law as a source of persuasive authority (associated with Anne-Marie Slaughter, Vicki Jackson and Chris McCrudden) is of limited application. Citational opportunism and the aspiration to membership of an emerging
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Wilkinson, Erika. "Recent Developments in Health Law: Constitutional Law: Despite Reservations, the Second Circuit Defers to State Court's Determination That a Preponderance of the Evidence Standard is Constitutional for Recommitment of NRRMDD Defendants – Ernst J. v. Stonea." Journal of Law, Medicine & Ethics 34, no. 4 (2006): 826–28. http://dx.doi.org/10.1111/j.1748-720x.2006.00104.x.

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The United States Court of Appeals for the Second Circuit recently upheld United States District Court for the Eastern District of New York Judge's denial of petitioner's application for a writ of habeas corpus. The Court held that it was not objectively unreasonable for the Appellate Division to conclude, in light of clearly established federal law as expressed by the Supreme Court of the United States, that a New York statute providing for the recommitment of specific defendants who plead not responsible by reason of mental disease or defect (NRRMDD) under a mere “preponderance of the eviden
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Dissertations / Theses on the topic "Eastern Caribbean Supreme Court"

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BELAVUSAU, Uladzislau. "Freedom of expression : European and American constitutional models for Central and Eastern Europe." Doctoral thesis, 2011. http://hdl.handle.net/1814/18410.

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Defence date: 30 May 2011<br>Examining Board: Professor Wojciech Sadurski, University of Sydney / EUI (Supervisor); Professor Giovanni Sartor, EUI / Università degli studi di Bologna (Co-Supervisor); Professor Jiří Přibáň, University of Wales, Cardiff; Professor Michel Troper, Université Paris X Nanterre<br>PDF of thesis uploaded from the Library digital archive of EUI PhD theses<br>This doctoral thesis inquires into the role and perspectives of the ‘European’ (mandatory) and ‘USA’ (persuasive) constitutional models of the right to freedom of expression for the constitutional debate in Cen
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Books on the topic "Eastern Caribbean Supreme Court"

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Alexis, Francis. Eastern Caribbean Supreme Court: Model regional court. Eastern Caribbean Supreme Court, 2007.

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Court, Eastern Caribbean Supreme. Eastern Caribbean Supreme Court civil procedure rules 2000. Caribbean Law Pub. Co., 2001.

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Randell, George Howe. Bench and bar of the Eastern Cape: A record of the judges of the Supreme Court of the Eastern Cape and some advocates of the Grahamstown Bar. Grocott & Sherry, 1985.

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Kirkwood, C. Inventory of the archives of the registrar, Eastern Cape Division of the Supreme Court of South Africa, 1865-: Cape Archives Depot. Govt. Archives Services, 1986.

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Illinois. Illinois leave to appeal table: Covering all cases of the Illinois courts reported in North Eastern reporter, beginning with 1 N.E.2d and Illinois decisions, beginning with 1 Ill.Dec., in which there have been subsequent proceedings in the Supreme Court of Illinois, the Appellate Courts of Illinois, or the Supreme Court of the United States. West Pub. Co., 1985.

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D, Crawford James, Reno Janet 1938-, American Association of University Professors., United States. Dept. of Justice., and American Civil Liberties Union, eds. In the Supreme Court of the United States, October term, 1996: Janet Reno, Attorney General of the United States, et al., appellants, v. American Civil Liberties Union, et al., appellees : on appeal from the United States District Court for the Eastern District of Pennsylvania : brief of amici curiae, American Association of University Professors ... [et al.] in support of appellees. Schnader Harrison Segal & Lewis, 1996.

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The Judicial Committee (the Eastern Caribbean Supreme Court) Order 1992 (Statutory Instruments: 1992: 2664). Stationery Office Books, 1992.

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8

United States. Supreme Court. U.S. Supreme Court Transcript of Record Sentilles v. Inter-Caribbean Shipping Corp. Gale, U.S. Supreme Court Records, 2011.

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Wharton, Thomas Isaac. Reports of Cases Adjudged in the Supreme Court of Pennsylvania, in the Eastern District. HardPress, 2020.

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United States. Supreme Court. U.S. Supreme Court Transcript of Record Eastern Extension, Australasia & China Tel Co v. U S. Gale, U.S. Supreme Court Records, 2011.

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Book chapters on the topic "Eastern Caribbean Supreme Court"

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Tupay, Paloma Krõõt. "The Estonian Supreme Court." In Constitutional Review in Central and Eastern Europe. Routledge, 2023. http://dx.doi.org/10.4324/9781003399483-4.

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Feinberg, Melissa. "Supreme Court Rules on Eastern Oklahoma Land : July 9, 2020." In Historic Documents of 2020. CQ Press, 2021. http://dx.doi.org/10.4135/9781071839034.n30.

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di Iorio, Arabella. "British Virgin Islands." In International Trust Disputes, Second Edition. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198832737.003.0022.

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The legal system of the British Virgin Islands is a common law system based on the English model, comprising statute law and binding case precedents. The principles of English common law and equity apply in the BVI (subject to modification by BVI statutes) pursuant to the Common Law (Declaration of Application) Act (Cap 13) and the Eastern Caribbean Supreme Court (Virgin Islands) Act (Cap 80) respectively. The general principles of trust law are based on English law.
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"The Portable Coup." In Soldier’s Paradise. Duke University Press, 2024. http://dx.doi.org/10.1215/9781478059820-004.

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Nigeria played an active role in the spread of militarism to other African countries, and this happened through law. After independence, former British colonies in eastern and southern Africa struggled to staff their judiciaries with African judges. Beginning in the mid-1960s, states including Uganda, Tanzania, and Botswana solved this problem by retaining judges from the Caribbean and West Africa, especially Nigeria. To understand how colonial law and postcolonial solidarities shaped Africa’s military dictatorships, this chapter focuses on one judge, Sir Egbert Udo Udoma of Nigeria, who serve
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"THE RECORD: APPEALS FROM THE SUPREME COURT." In Commonwealth Caribbean Civil Procedure. Routledge-Cavendish, 2006. http://dx.doi.org/10.4324/9781843146629-110.

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"Clinton v. Jones." In Milestone Documents of the Supreme Court. Schlager Group Inc., 2023. https://doi.org/10.3735/9781935306870.book-part-071.

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While serving as governor of Arkansas in 1991, President Bill Clinton was accused of making unwanted sexual advances toward Paula Corbin Jones, which she claimed she refused. Jones claimed that she was punished for refusing the governor’s advances and that her name was slandered further when a story ran in the American Spectator that outlined her as the initiator of the sexual request. She sued in the U.S. District Court for the Eastern District of Arkansas in May 1994, but as a sitting president, Bill Clinton’s defense team argued that he was immune from litigation under the doctrine of presi
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Caserta, Salvatore. "The Extended Foundation of the Caribbean Court of Justice between Decolonisation and Globalisation." In International Courts in Latin America and the Caribbean. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198867999.003.0002.

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This chapter deals with the extended process of creation of the Caribbean Court of Justice (CCJ) arguing that, different from what often stated in the literature, the Court is the institutional crystallisation of two long-enduring movements within the Caribbean legal field. One of these two movements is linked to the development of early regionalism, and ties into the Court’s origins as a regional economic institution aimed at reviving the Caribbean Common Market (CARICOM). The other is a movement related to the long-lasting process of Caribbean decolonisation from the United Kingdom, as the C
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Duany, Jorge. "Introduction Puerto Rico—A Stateless Nation." In Puerto Rico. Oxford University Press, 2017. http://dx.doi.org/10.1093/wentk/9780190648695.003.0001.

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Puerto Rico has a peculiar status among Latin American and Caribbean countries. On July 25, 1898, the United States invaded the Island during the Spanish-Cuban-American War, and has since dominated the Island militarily, politically, and economically. In 1901, the US Supreme Court defined Puerto Rico...
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Quint, Peter E. "The Influence of the United States Supreme Court on Judicial Review in Europe." In The Max Planck Handbooks in European Public Law. Oxford University Press, 2020. http://dx.doi.org/10.1093/oso/9780198726418.003.0016.

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This chapter outlines the influence of the United States Supreme Court, and its institution of ‘judicial review’, on certain constitutional systems of Europe. It first introduces the United States Supreme Court and the institution of ‘decentralized’ judicial review, and then discusses the fate of American judicial review in the early nineteenth century. The chapter proceeds to an examination of the influence of the American Constitution and the American Supreme Court in the early nineteenth century in Europe, before recounting how the great philosopher and political thinker, Hans Kelsen, advan
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Lapiashvili, Nino. "Application of the EU-Georgia Association Agreement by the Georgian Judiciary: A Role Unplayed by the Inert and Under-Reformed Courts." In Eastern Partnership: The Role and Significance in the Process of Transformation of the Countries of Eastern Europe and the South Caucasus. Ksiegarnia Akademicka Publishing, 2021. http://dx.doi.org/10.12797/9788381386425.09.

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This paper analyses the association implementation reports for the purposes of tracking Brussels’ perception of judicial reform in Georgia. It argues that since the signing of the Association Agreement (AA), as the initial excitement dissipated the European Union gradually became more critical and open-eyed to the long-standing problem of the underreformed judiciary, which is among the main obstacles to consolidating democratic institutions in the country. In addition, the case law of the common courts (Supreme Court of Georgia and Appellate Court of Georgia) as well as of the Constitutional C
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Conference papers on the topic "Eastern Caribbean Supreme Court"

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Pleps, Jānis. "Konstitūcijas tiešas piemērojamības princips." In Latvijas Universitātes 80. starptautiskā zinātniskā konference. LU Akadēmiskais apgāds, 2022. http://dx.doi.org/10.22364/juzk.80.31.

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The direct application of the Constitution is the very essence of the concept of the Constitution in the Western legal tradition. The Constitution is a real and enforceable legal act with the highest legal force, which is binding for everyone in the legal system. The principle of the direct application of the Constitution is reflected in the Central and Eastern Europe after the collapse of socialistic and Soviet regimes. Here, it was necessary to even formulate it as a written constitutional provision for ensuring of supremacy of the Constitution and rule of law. In case of Latvia, the direct
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Krug, Lindsey. "Corpus Comunis: precedent, privacy, and the United States Supreme Court, in seven architectural case studies." In 111th ACSA Annual Meeting Proceedings. ACSA Press, 2023. http://dx.doi.org/10.35483/acsa.am.111.57.

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Following World War II, as America grappled with the cultural revolution of the 1950s and 60s and defining its identity domestically and on the world stage, a core tenet of American life bubbled to the surface of political, social, and aesthetic discourse: privacy. Once the revelry of the Allies’ win in the World War cooled into the precarity of the Cold War, American democracy and the culture it afforded its citizens were positioned and advertised, first and foremost, in opposition to the totalitarian government and culture of the Soviet Union. In her book Pursuing Privacy in Cold War America
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