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  • 18 hours ago
A Caribbean approach to law must reflect the lived experiences of its people—not just colonial traditions.

That's the message from a senior judge of the Caribbean Court of Justice, speaking at a University of the West Indies lecture on constitutional interpretation

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00:11In most of our Caribbean islands we have something called status of children
00:15legislation and cohabitational relationships acts. You familiar with those?
00:21Those are rooted in what? In logic? In experience. The experience of our peoples.
00:49If our law was introduced by a colonial power,
00:59what do you think was the purpose of these laws? To govern colonies, to maintain law and order, and to
01:17uphold an empire.
01:40So what is Caribbean jurisprudence? If it is to be homegrown and relevant to us, then it must be authentic
01:53and indigenous.
01:54Of us. Agreed?
01:59It must be about identity.
02:03Who we are as people, as region. Agreed?
02:11Must be. It must be philosophical.
02:24If you read our constitutions, our preambles, I know that's what we hear about. We're going to get there soon.
02:30I hope I have enough time.
02:31We talk about values. Agreed?
02:37What are some values in the preamble?
02:41The dignity of the person. Correct?
02:44The only constitutions of the dignity of the person. Democracy.
02:50What's it? Good governance.
02:54Rule of law.
03:02Rule of law.
03:12But they say to us, the private council, you have no void to look into. CCJ says no, we do.
03:24The preamble establishes the fundamental values and principles from which this tree called text, text of constitution emerges.
03:50Is there any way in the constitution that says the judiciary is supposed to be independent? No.
03:57But, if we say that that is a deep value, if we say democracy is a deep value, if we
04:03say rule of law is a deep value, then those values then begin to inform and shape not just interpretation
04:13but discovery.
04:14Rule of law is a deep value, from the free output to the law of law and slavery.
04:25Rule of law, rule of law
04:27Rule of law, rule of law, rule of law.
04:27Rule of law, rule of law, rule of law.
04:28Rule of law, rule of law.
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