Law in the Caribbean: Constitution & Sources

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Questions and Answers

What is the relationship between the constitution and other laws in the Caribbean?

The constitution is subordinate to statutory law.

Local laws take precedence over the constitution.

Statutory law is always in accordance with the constitution.

The constitution is the supreme law of the land. (correct)

Who primarily produced the constitutions for the Caribbean territories?

International organizations and local leaders.

Colonial authorities in collaboration with British representatives. (correct)

Local political leaders alone.

The citizens of the territories through a referendum.

What is the process by which courts review the constitutionality of an Act?

Legislative Review.

Executive Review.

Judicial Review. (correct)

Constitutional Amendment.

Which statement is true regarding local participation in the constitutional process?

There was minimal local consultation during constitution drafting. Signup and view all the answers

What does Section 1 of the Barbados constitution specify?

This constitution is the supreme law and prevails over inconsistent laws. Signup and view all the answers

What does the term 'locus Standi' refer to in the context of judicial review?

The right to approach the court regarding an issue. Signup and view all the answers

What is one implication of the constitution being the supreme law in the Caribbean?

Laws inconsistent with the constitution are void. Signup and view all the answers

Which aspect of law does statutory law primarily govern?

Regulation of individual or private actions. Signup and view all the answers

What is the primary purpose of a constitution?

To organize government structure and define its powers Signup and view all the answers

Which of the following best describes an unconstitutional action?

An action that is inconsistent with the constitution Signup and view all the answers

What do the first three articles of the federal Constitution primarily address?

Structure and scope of the federal government Signup and view all the answers

How do state constitutions generally differ from the US Constitution?

They focus on issues of local concern Signup and view all the answers

What is a key characteristic of the Bill of Rights?

It serves to protect individual liberties. Signup and view all the answers

Which of the following statements about constitutions is true?

All laws must align with the principles set forth in the constitution. Signup and view all the answers

What is the significance of the Barbados Constitution in the context of independence?

It reflects the legal framework established upon attaining independence. Signup and view all the answers

What is a primary source of sovereignty for the U.S. legal system?

The US Constitution Signup and view all the answers

What is considered the supreme law of Barbados?

The Constitution Signup and view all the answers

What type of court system does Barbados have?

A lower Magistrates court and a Supreme Court Signup and view all the answers

Which body has final appellate jurisdiction in Barbados as of 2005?

The Caribbean Court of Justice Signup and view all the answers

What role does the Attorney General play in Barbados?

Administers the legal and judicial system Signup and view all the answers

What are considered the major sources of law in Barbados?

Constitutions, statutes, cases, regulations Signup and view all the answers

What is the main function of a constitution?

To define government structure and protect individual liberties Signup and view all the answers

Which court used to be the final court of appeal for Barbados before 2005?

Privy Council in England Signup and view all the answers

How are laws issued in Barbados?

By official bodies from the three branches of government Signup and view all the answers

Study Notes

The Constitution

The constitution is the supreme law of the land in Caribbean territories.
It is written and acts as the highest and fundamental law of the land.
The constitution was created by representatives of the British government and local political leaders at the colonial office.
Local people generally weren't consulted on the contents of the constitution.
The constitutions came into force when the countries achieved independence.

Judicial Review

Courts have the power to determine if laws passed by parliament are void.
This process of judicial review is a check in the system.
An individual with locus standi (legal standing) must approach the court to challenge the constitutionality of a law.

Statutory Law

Statutes (laws passed by Parliament) apply to and regulate individual or private action.
It is the second source of law after constitutional law.

Sources of Law

The four primary sources of law are:
- Constitutions
- Statutes
- Cases (court decisions)
- Regulations

Barbados Legal System

The legal system is derived from English common law and statutes.
The judicial system comprises a lower Magistrates court and the Supreme Court, which includes a Court of Appeal and a High Court.
The Constitution is the supreme law of Barbados.
The Attorney General is responsible for administering the legal and judicial system.
The Caribbean Court of Justice in Port of Spain, Trinidad and Tobago, replaced the Privy Council as the final court of appeal.
The final say on the constitutionality of statutes passed by state or the federal legislatures in the USA is held by the Supreme Court.

US Legal System

Two constitutions apply in every US state: the federal or US Constitution, and the state’s constitution.
The US Constitution created the legal system.
State constitutions focus on local issues.
The Constitution defines how governments are to be organized and the powers and responsibilities of those governments.
It also serves to protect individual liberties.
The first three Articles of the US Constitution outline the structure and scope of the federal government.
The first ten Amendments (the “Bill of Rights”) are primarily concerned with protecting individual liberties.

Key Differences

While parliament is sovereign in Britain, the constitution is supreme in the Caribbean.
This impacts the law-making process in both situations.

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Description

This quiz covers key aspects of the constitution in Caribbean territories, including its origins and significance as supreme law. It also explores judicial review, statutory law, and the primary sources of law, providing a comprehensive overview of legal frameworks in the region.