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Essay / The Westminster Legislative System in the West Indian States
If the West Indian States truly want to move from colonialism to sovereignty, then it must be recognized that their constitution now generates their own authority rather than deriving it from a model or 'a Westminster model. colonial past. The Westminster system was a system used to enforce legislation. Caribbean countries, although many are considered independent, a few are also dependent states. The Westminster system emerged when these Caribbean countries were colonized. The era of imperialism. Say no to plagiarism. Get a tailor-made essay on "Why violent video games should not be banned"? Get an original essay According to the law, although many of these Caribbean countries are considered "independent", Belle Antoine explained how the Study of law and legal systems is so diverse and it is not separated from its social contexts. This means that even though they constitute their legal system, it is still subject to British influence. Two types of laws were imposed on colonized countries in the Caribbean: English statutory law and English common law. These were introduced to provide a clause of incorporation and a mode of proclamation. As mentioned above, the imperialist contract played a vital role in the countries being colonized. The Westminster system comes with a lot of history, legacies and contemporary implications. According to AV Dicey, the Westminster model was a model of dispersed government in which the judiciary sometimes played a very different role. They have had a practical impact in the The urgency with which the region has had to implement anti-terrorism laws (Chapter 1, page 6, Law and Legal Systems of the Commonwealth of the Caribbean) speaks to the vulnerabilities that have been created during from the early years when colonialism and its colonial regime borrowed from jurisprudence. What is jurisprudence. “Sovereignty is defined as supreme power or authority. Between 1962 and 1983, many British colonies in the Caribbean gained independence. One of the independent countries in the Caribbean is the Bahamas. Although we are considered an independent country, our superior court is still located in the Bahamas. the United Kingdom (UK), Great Britain – The Privy Council (like other former independent colonized countries). As an independent country we should have some sort of sovereignty because we have gained our independence and should no longer have to answer to them. who had once colonized us. There should be differences between independent countries and their colonizers. Reception of the law entails uncertainty. It also shows how citizens and officials deal with the law. The reception of the law expresses the extension of the British Parliament. According to Professor KW Patchett of the West Indies, he said that the British Parliament lost its legislative power over the independent territories. In this case, Lord Diplock expressed the fact that no matter how independent a country is, once it was a former British colony, English common law is still incorporated, as it once existed on the colony. The question in dispute in this case was whether or not the law which governed the appellants' interpretation differed from that of the Government of Ceylon, Dutch Roman law as to whether the question was governed by English law? Nyali Ltd v AG dealt with transplantation and reception. CASE- Public Counsel v The Fair-Trading Commission, which was a Barbados caseCASE- R v VaughnCASE- Campbell v Hall, it wasof Jamaican affairs and the Crown treated Jamaica as an established country when it came to these matters and this was accepted by the Supreme Court. Jamaica was one of several colonized Caribbean countries to be conquered. He held that as a colony and a partially self-governing colony, Jamaica continued to be bound by the development of law and equity through stare decisis. (page 79 beautiful anotony). However, this is only until the country becomes independent. This comes from an English law in Jamaica in the case of R v Commissioner of Police and others, ex p Cephas (No 2) JAMAICA - It is said that the virtue of the exercise of the crown prerogative was the common law way was introduced into Jamaica. The Westminster system was considered the "pact of independence", with minor variations for most territories. This involved changing property rights in the Jamaican constitution, the two-party system, the preservation of the law (symbols and institutions) of this colonial state and the alliance with Western powers. It is clear that the model for the constitution of many independent countries was provided by the colonial office. Jamaica's Constitution of Jamaica begins as "In the Court of Buckingham Palace", which is then followed by eight pages of medieval-sounding language. As independent countries, we should be able to make and enforce our own rules. We are no longer a colonized country, so to reach the level of sovereignty we should stop being so dependent on the crown. It is also difficult to opt out because our highest court (the Privy Council) is located in England. This leaves us with the question: what should the country do to achieve sovereignty, if possible? These laws from the Westminster system should disappear completely. It seems that even though these countries are independent, they almost admire the Westminster structure. Prime Minister Dr Eric Williams of Trinidad and Tobago said that "if the parliamentary system is good enough for England, it is good enough for us". we are at a historical turning point where change is needed and if we needed this much dependency we should have remained completely under British rule and not fought for our independence. Above all, public/society compactness would be considered sovereign. The ability to stand up for people and what is right, including our residents who protect them by any means necessary. Sovereignty also begins in the minds of the people. It is obvious that the old thinking is opposed to regionalism. We should be able to share some attributes of constitutional sovereignty with our regional partners. This results in a kind of substantial sovereignty for each country. We must be able to free ourselves from those who colonized us and create the society we want to have. However, CLR James once said that one or the other had to go through the colonial system or through democracy, because the two cannot coexist. “for until a local legislature is formed, difficulties must be encountered in making statutory changes” (FOOTNOTE - Jamaican Law Journal 18) Parliamentary sovereignty means that parliament can make or unmake laws and that no other institution can cancel them as the crown does now. Parliamentary sovereignty implies the subordination of the judicial power. This is where the separation of powers comes into play. Judges do not make laws but they are able to create precedents. We should stick to statutory law, not common law. Certain aspects of English common law were preserved for these colonies which are: 10.1080/14662043.2014.993162