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THE JAMAICAN LEGAL SYSTEM AND GUIDE TO LEGAL RESEARCH

By Jeanne Slowe and Claudette Solomon

Jeanne Slowe , MSLIS (Pratt), LL.B (Lond), B.A. (UWI) presently works as a Law Librarian at the Faculty of Law Library, Mona Campus, Kingston, Jamaica.  She has worked at the Norman Manley Law School Library, Mona Campus, Kingston, Jamaica.  Her areas of interest include information literacy, legal research methods and law librarianship.

Claudette Solomon is a law librarian who has a law degree and graduate training in librarianship with particular emphasis on law librarianship. She went to live in the United Kingdom in 1979 and came home in 2010 to Jamaica where she now resides. She has worked as a law librarian with law firms in Jamaica and the United Kingdom. She has also independently taught students, practitioners and academics how to use law libraries and how to do effective legal research using print and ICT media here and in the United Kingdom. She has worked in public, academic and special libraries (legal and accounting ones) in Jamaica and the United Kingdom. She is currently employed as a consultant law librarian in the Mona Faculty of Law Library, University of the West Indies, Mona. Claudette is a Member of the Caribbean Association of Law Librarians: CARALL, of The Jamaican Association of Law Librarians: LINAJ an offshoot of CARALL, of The Jamaica Library Association: LIAJA, and of the British and Irish Association of Law Librarians: BIALL.

Published November/December 2012

 

Table of Contents

I. Introduction                 

II. Legal System                                                                                                                                                                                

a.     The Executive                                                                                                                                                  

b.     The Legislative                                                                                                                                                                 

c.     The Judiciary                                                                                                                                                   

III. The Administration of Justice in Jamaica                                                                                                         

a.     Attorney-General                                                                                                                                         

b.     Solicitor-General                                                                                                                                         

c.     Director of Public Prosecutions                                                                                                                            

IV. The Court Management Services                                                                                                                                

The Hierarchy of the courts

a.     Petty Sessions Court                                                                                                                                   

b.     Resident Magistrates Court                                                                                                                   

c.     Supreme Court                                                                                                                                                                 

d.     Court of Appeal                                                                                                                                                                 

e.     Judicial Committee of the Privy Council                                                                                                          

f.      Caribbean Court of Justice                                                                                                                     

V. Legal Education                                                                                                                                                       

a.     Training                                                                                                                                                               

b.     Libraries                                                                                                                                                             

VI. Sources of Legal Information                                                                                                                                        

a.     Primary Sources                                                                                                                                                            

b.     Secondary Sources                                                                                                                                                      

VII. References          

                                                                                                           

I. Introduction

Jamaica is an English-speaking constitutional democracy, which is located in the Greater Antilles island group in the Caribbean. Geographically, it is the third largest island in the region [[1]] and the largest in the Anglophone Caribbean. The island’s closest neighbour is Cuba, which is 90 miles away while it is less than two hours by air travel to Miami, U.S.A.   The country has a population of approximately 2.8 million and its official language is English.

 

The modern, written history of the island can be traced back to 1494 when Christopher Columbus, on his second voyage to the West Indies, landed on the island’s north coast. However, it was not until 1509 that the Spanish actually settled on the island and, for the next 145 years, the island remained under Spanish hegemony until its conquest by the English in 1655.  Approximately three hundred years later, in 1962, the island gained its independence from the United Kingdom.

 

As an independent country, Jamaica holds membership in several regional and international organisations and bodies. Regionally,  the country is a member of the Caribbean Community and Common Market (CARICOM), an organisation of 15 Caribbean nations which have come together to foster economic integration amongst its members.  The country is also a member of the Organisation of American States (OAS) and is a signatory to the American Convention of Human Rights; human rights abuse in Jamaica may be petitioned in the Inter-American Commission on Human Rights.

 

Internationally, the country is a member of the Commonwealth of Nations, an association of former members of the British Empire.  Upon gaining independence in 1962, Jamaica joined the United Nations and, ipso facto, is subject to the jurisdiction of the International Court of Justice.

 

These facts serve to give a picture of Jamaica’s place in the world scheme of law and legal systems but they do not affect Jamaica’s Common Law heritage, which is rich and ongoing.

 

II. Legal System [[2]]

Jamaica’s legal system is based on the Common Law with three distinct arms of government, the executive, the legislative and the judiciary. The system of government is based on the British Westminster model.

 

a. The Executive

As a constitutional monarchy the head of state and the head of the executive is the British monarch (the Queen) who is represented locally by the Governor-General.[[3]] The Governor-General’s role is largely ceremonial, including appointing and swearing in the head of government, the Prime Minister, as well as the cabinet. Constitutionally the Governor-General’s assent is required before any law passed by the Legislature comes into force. Although executive power is vested in the Queen, in reality it is exercised by the cabinet.  The cabinet is headed by the Prime Minister who, as the leader of the majority party, must come from the lower house, the House of Representatives. Members of the cabinet are appointed by the Prime Minster and sworn in by the Governor-General and must come from either of the houses in the legislature. The executive function is set out in Chapter VI of the Jamaica (Constitution) Order in Council 1962. [[4]]

 

b. The Legislative

The legislature is headed by the Queen, hence the term, the Queen-in-Parliament. [[5]] Notwithstanding this constitutional technicality, real executive function is carried out by the elected representatives (Parliament) of the Jamaican people not by the Queen or the Governor General.

 

The legislative branch of Jamaican government consists of Parliament, which has a bicameral chamber comprising House of Representatives (lower house) and the Senate (upper house). The 63 members of the House of Representatives are directly elected while the 21 members of the Senate are appointed. Constitutionally, only 13 senators can be appointed by the Prime Minister with the remaining eight being appointed by the Leader of the Opposition.  The effect of this constitutional provision is that no government can make any changes to the Constitution unless it has a two-thirds majority in the Senate; a two-thirds majority can only be possible with the support of at least one Opposition senator.

 

While the Jamaican constitution has legal supremacy over Parliament it is Parliament and Parliament alone which can bring about changes within the Jamaican Constitution in the manner prescribed by the Constitution. The legislative powers of Jamaica are dealt with in the Jamaica Independence Act particularly Section 3 of the First Schedule of the Act.

 

c. The Judiciary

The Jamaican judicial system is based on that of the English common law. [[6]] The common Law System originated in England in the wake of the Norman Conquest of 1066. In its earliest form, it was based on societal customs and norms recognised and enforced by the judgments and decrees of the courts, which travelled throughout the realm in England.  These judges, on their return to London, would discuss and record their judgments, which were delivered in the land while traveling.  Over time, used in a broad sense, the term “common law” came to include these early customs as well as legislative enactments and the judicial decisions interpreting their application. The common law system became therefore the law (custom, statutes and judicial decisions) common to all of England.

 

The bedrock of the common law system is the doctrine of stare decisis (“let the decision stand”). The doctrine has two limbs. First, the courts are obliged to follow the decisions and rulings in previously decided cases, or precedents, where the facts and issues are substantially the same. The second limb of the doctrine – and this is really an extension of the first – dictates that a lower court cannot depart from the precedents set by a higher court where the issue is essentially the same.  Thus, in Jamaica (and the rest of the common law world), a superior court’s decision is binding authority for similar cases to be decided by the same court or by lower courts within the court structure. The decision is not binding on courts of higher rank but it may be considered as persuasive authority. With the exception of the London-based Judicial Committee of the Privy Council, which is the country’s final appellate court,[[7]] decisions from courts outside of Jamaica are not binding but may be referred to as persuasive authority if there are no local cases which have settled the point in issue.[[8]

 

Thus, court decisions are heavily reliant on prior judicial pronouncements. One other aspect of the common law system is that, where a statute governs the dispute, judicial interpretation of that statute determines how the law applies.

 

III. The Administration of Justice in Jamaica

The administration of the justice system in Jamaica is the responsibility of the Ministry of Justice and the Court Management Services (CMS).  The Ministry is assisted in this task by several agencies and departments, notably:

 

a. The Attorney General

b. The Solicitor General

c. The Director of Public Prosecutions

 

a. The Attorney General

The Attorney General or his appointee is the officer who represents the government in civil cases of which the government is a party as provided by the Crown Proceedings Act.   He can institute civil proceedings on behalf of the government and his role generally is that of protector of the public interest. 

 

The position is authorized by s.79 (1) of the Constitution, which provides that “there shall be an Attorney General who shall be the principal adviser to the Government of Jamaica.” The Attorney General must certify any proposed law to be sent to the Governor General for assent before coming into law.  The Attorney General is usually a political appointee.

 

b. The Solicitor General

The Solicitor General is responsible for the administration of the Attorney General’s Chambers and his position is authorized by The Solicitor General’s Act, 1939.  The position is that of a civil servant appointed by the Governor General.

 

Additionally, the Solicitor General represents the government in complex matters before the Judicial Committee of the Privy Council and in certain negotiations, including those with international lending agencies.

 

c. The Director of Public Prosecutions

Prior to Jamaica’s Independence in 1962, The Attorney General was responsible for both civil and criminal matters on behalf of the government. 

 

The Office of the Director of Public Prosecutions (DPP) was created by Section 94 of the Jamaican Constitution, which empowers the DPP as follows:

 

       i.         To institute and undertake criminal proceedings against any person before any court other than a court-martial in respect of any offence against the law of Jamaica

     ii.        To take over and  continue any  such criminal proceedings that may have been instituted by any other person or authority

   iii.        To discontinue at any stage before judgment is delivered any such criminal proceedings instituted or undertaken by himself or any other person or authority.

 

Section 94(2) of the Constitution provides that the holder of the office should be the equivalent to a judge of the Supreme Court of Judicature.

 

In April 2012, the Office of the DPP launched: The Decision to Prosecute:  a Jamaican Protocol. [[9]] This document is intended to provide greater transparency and accountability for the operations of the Office.  “The Protocol seeks to break down and explain legal terminologies, how the prosecutorial system actually works and what influences decisions to prosecute a case.  It outlines how prosecutors in Jamaica have consistently strived to approach the decision-making process and reflects current local and international prosecutorial practices”. [[10]

 

IV. Court Management Services (CMS)

 The Court Management Services was recently established and its mandate is the organization of the administrative services of the courts so to enable greater input by the judiciary and the courts in the administration of their duties and functions.

 

The Hierarchy of the courts

 

a. Petty Session Courts 

At the lowest level of the five-level hierarchy of the Jamaican court system are courts of Petty Sessions, originating from early English tradition.  Petty Sessions are   presided over by three Justices of the Peace (JPs) who sit to hear cases, which involve offences such as common assault, disorderly behavior, and the use of indecent language. Sessions are held regularly in each of the fourteen parishes. These Justices of the Peace (JPs) also assist with administrative duties such as the issuing of warrants and summonses, execution of documents, and the signing of application forms for passports. 

 

JPs are usually advised on points of law and procedure by the Clerk of Court or the Deputy Clerk of Court, usually an Attorney-at-Law. The authority of the JPs rests in the Justice of the Peace Jurisdiction Act (1850). An appeal from Petty Sessions is to the Circuit Court of the parish where the Petty Session was heard or by way of a case stated to the Court of Appeal.

 

b. The Resident Magistrates Court

The Resident Magistrates court is the second level of the court structure and their positions are authorized by the Judicature (Resident Magistrates) Act 1928.  The Act establishes a court for each of the fourteen parishes of the island. Resident Magistrates can preside over civil as well as criminal matters.  Currently, in civil matters jurisdiction is limited to claims below a maximum of J$250,000 while the criminal jurisdiction is restricted to offences where express provision by statute allows the matter to be tried by a Resident Magistrate. The jurisdiction of Resident Magistrates extends to presiding over specialized courts, which are:

 

a.     Family Court

b.     Coroners’ Court

c.     Juvenile Court

d.     Traffic Court

e.     Night Court

f.      Tax Court

g.     Small Claims Court

h.    Drug Court 

Appeals from the Resident Magistrates Court are to the Court of Appeal.

 

c. The Supreme Court 

The Supreme Court occupies the third level of the court structure and is a superior court of record with jurisdiction in Admiralty, Family, Civil, Commercial, Criminal, Family and Succession matters. It has unlimited jurisdiction in all civil and criminal matters. It should be noted that the civil jurisdiction sits only in the capital, Kingston while the criminal jurisdiction sits as necessary in all parishes as the circuit court. Under section 97 of the Constitution, the Supreme Court is a court of original jurisdiction. The Gun Court and Revenue Court are special courts of co-ordinate jurisdiction with the Supreme Court.

Supreme Court appeals are heard in the Court of Appeal.

 

d. The Court of Appeal

The Court of Appeal is the fourth level on the court structure and was established in 1962 by s. 103 of the Constitution.

Criminal and civil appeals from the Resident Magistrates Courts and the Supreme Court are heard by the Court of Appeal.  Earlier decisions may be confirmed, varied or overturned by the Court of Appeal. The Court of Appeal also hears appeals from the Disciplinary Committee of the General Legal Council as well as applications for leave to appeal to the Judicial Committee of the Privy Council.

 

e. The Judicial Committee of the Privy Council (JCPC))

The Judicial Committee of the Privy Council is at the highest level of the court structure of Jamaica.  The Privy Council is the court of final appeal for Jamaica as a commonwealth country, which retained the appeal to Her Majesty in Council in the United Kingdom.  

 

The Privy Council hears the appeals from the Court of Appeal of matters, which are considered of exceptional public importance. 

 

f. The Caribbean Court of Justice (CCJ)

For many years, there have been calls for Commonwealth countries of the Caribbean who have retained appeals to the Privy Council to be replaced by a Caribbean Court of Appeal as the final appellate court for the Commonwealth Caribbean. To that end, the Caribbean Court of Justice was established in 2001 with headquarters in Trinidad and Tobago. The CCJ has two jurisdictions:

a.     In its original jurisdiction, it interprets and applies the provisions of the Revised Treaty of Chaguaramas 2001.

b.     In its appellate function, it has replaced the JCPC as the final appellate court for Barbados, Belize and Guyana.

The Jamaican government has signaled its intention to table legislation in Parliament to have the CCJ replace the JCPC as the country’s court of last resort. This remains to be seen.

 

V. Legal Education

a. Training

In 1970, The Faculty of Law   was established to provide qualifications for training towards enabling persons to practice in the Caribbean.

The Faculty is situated   in Barbados and the first year of the three-year undergraduate programme was offered on three campuses – Barbados, Jamaica and Trinidad, while the second and third years were offered only in Barbados.  The University of Guyana offered all three years of the programme.

At present, all three campuses offer the entire three-year undergraduate LL.B. programme.

The University of Technology, Jamaica very recently started offering an LL.B. programme

The Council of Legal Education   (CLE) was established to provide training for persons wishing to practice in the Caribbean.   This was achieved through the establishment of three law schools – Norman Manley Law School in Jamaica, Hugh Wooding Law School in Trinidad and Eugene Dupuch Law School in the Bahamas.  The award of the Certificate of Legal Education after two years of study enables graduates to practice anywhere in the Caribbean after the procedure of enrollment to the Bar of each respective country.

Students enrolled in the UWI LLB programme have automatic entry into the Law schools.  Persons who obtain their undergraduate law degree other than from the University of the West Indies are required to sit an entrance examination.

The Council of Legal Education is also responsible for the six-month course offered to persons who are professionally qualified in   common law jurisdictions who wish to practice in the Caribbean.

b. Law Libraries

The past decade has seen dramatic changes in the way legal services are delivered; print is no longer supreme and the use of technology makes delivery of information quick and efficient.

Law libraries in Jamaica continue to play a significant role in the introduction of technology into the institutions they serve, whether courts, law firms or universities.  There is great deal of networking amongst the law libraries, locally and regionally and the libraries listed below form part of the local network, Legal Information Association of Jamaica (LINAJ) and the Caribbean Association of Law Libraries (CARALL).

 

Court Library

The library of the Supreme Court of Jamaica has been identified as the largest and oldest law library in Jamaica.  Its exact date of establishment is uncertain but it is assumed that it was established around the same time as the Supreme Court of Jamaica in 1681, during the reign of King Charles II. Historical facts reveal that the first set of library rules were compiled in 1897 and came into effect in 1898.

 

The Supreme Court library is responsible for providing service to the Judiciary of the Supreme Court and the Court of Appeal as well as Resident Magistrates, legal officers of Government, attorneys and law students who need permission to use the facilities.

 

Law firms’ libraries

Some law firms have libraries.  These include, Livingston, Alexander & Levy; Nunes, Scholefield DeLeon & Company;   DunnCox;   and Myers Fletcher & Gordon.

 

Livingston, Alexander & Levy was formed in 1911 and is the oldest law firm in Jamaica.  Areas of practice include company and commercial law and they provide counseling services to large and small institutions including banks, trust corporations, building societies and credit unions. 

 

Nunes Scholefield DeLeon & Company is the current firm of a number of mergers of law firms dating back to 1929.  The firm serves a diverse number of clients with practice areas in commercial/corporate finance, intellectual property, litigation, real estate/administration of estates/trusts, telecommunications and technology.

 

DunnCox, considered one of the leading law firms in Jamaica and the Caribbean was founded in 1942.  It is a general service law firm divided into three departments covering:  corporate and commercial; conveyancing, probate, administration and trusts; and litigation.  Its practice covers the full range of civil law matters.

 

Myers Fletcher & Gordon was established in 1944 and boasts that it is the largest law firm in Jamaican and the Caribbean.  It has offices in England.  The firm provides service to a wide range of government agencies, corporations and foreign diplomatic missions in Jamaica.  Its interest in litigation is concentrated on the civil aspect, with particular strength in complex litigation, intellectual property and competition matters and contract and financial disputes.

 

These libraries are not open to the public.

Academic law libraries

The Norman Manley Law School is one of three law schools providing professional training for the practice of law in the Caribbean.  Situated on the Mona campus of the University of the West Indies, the law school was named in honor of one of Jamaica’s prominent and illustrious advocate, the Right Honorable Norman Washington Manley, also a National Hero.  The school accepts students from Anguilla, Antigua & Barbuda, Belize, Jamaica, Montserrat, St. Kitts and Nevis.

 

The Norman Manley Law School library serves students and tutors of the Law School, the University community, the legal community including members of the Judiciary and attorneys-at-law. Members of the public have limited access with permission.

 

The newest law library is that of the Faculty of Law, University of the West Indies, Mona Campus, Jamaica.  Formerly, students wishing to pursue the undergraduate qualification leading to the LLB completed the first year on campuses in Trinidad, Barbados and Jamaica and then proceeded to Barbados for the final two years of study.  With the establishment of a Faculty in Jamaica, students have the option of completing the entire three years of study in Jamaica or completing the two years in Barbados.  The collection supports the three-year programme.

 

VI. Sources of Legal Information 

There are two principal sources of legal information:   primary and secondary.

 

a. Primary Sources

Primary sources consist of legislation and case law. The collections of all the libraries consist of primary and secondary material and our English heritage is still evident as most of our material is still purchased from the United Kingdom. The Public General Acts of England (part of the collection of the Supreme Court library), Halsbury’s Statutes of England, Halsbury’s Statutory Instruments are important resources as they are sometimes the only source for finding material on most of the Caribbean countries, including Jamaica, before they attained independence.  Where there is a lack of local authorities, or provisions from other Caribbean countries, English authorities continue to be cited and approved by the courts.

 

The Revised Laws of Jamaica (29 vols.), preceded by several earlier complete revisions in 1927, 1938 and 1953 has been published in loose-leaf format since 1973. Volume 1 contains the alphabetical list of Acts while Volume 29 contains the Jamaica Constitution Order in Council, 1962, the Jamaica Independence Act and the West Indies Act.

 

The Revised Subsidiary Legislation, (16 volumes) has been published in loose-leaf format since 1975 and contains proclamations, rules, regulations (PR & R) and orders under the principal acts.

The laws and subsidiary legislation are updated annually by replacement pages, authorized under the Law Revision Act and issued by the Jamaica Printing Services. The principal Acts are available on the website of the Ministry of Justice [[11]] but they are not up to date.  The Acts have been published on CD-ROM by the Caribbean Law Publishing Company.

 

Attempts to organize and index subsidiary legislation resulted in the publication of Guide to the Subsidiary Legislation Prescribed Under the Statutes of Jamaica, Third edition including Instruments issued from 1800 to the 31st day of August 1977Since that time, no other index has been published and law librarians have had to devise ways of recording and retrieving subsidiary legislation by producing in-houses indexes.  This can prove challenging because of inconsistent numbering sequence used by the printers.

 

The Faculty of Law in Barbados produces a very helpful resource in the form of A Consolidated Index of Statutes and Subsidiary Legislation for each of the English speaking Caribbean countries.  These indexes are published as part of the West Indian Legal Indexing Project (WILIP).  In addition to listing the current acts passed and subsidiary legislation, it includes subsequent treatment, such as amendments and repeals.

 

For list of recent Acts of Jamaica passed during the year, the website of the Houses of Parliament   could be consulted.

 

Case law

All the law libraries have the basic collection of The Law Reports published by the Incorporated Council of Law Reporting for England and Wales (ICLR).  Collectively, other standard report series such as All England Law Reports, early report series such as The English Reports, specialist report series such as The Road Traffic Reports are well represented in the libraries’ collections.

 

While English decisions continue to predominate in most substantive areas of the law, local and West Indian precedents are increasingly being used by the judiciary, magistrates and counsel in the trial process.

 

The earliest volumes of reported decisions available in Jamaica are  the Supreme Court decisions of Jamaica & Privy Council decisions from 1774 – 1923 by J.E.R. Stephens, Of the Middle Temple … Barrister-at-Law and Resident Magistrate of the Parish of Portland  published in 1924 in two volumes.  They are popularly known as “Stephens Reports” and though unofficial, are still cited.

 

Also of note is “ Clark’s Report”:  Supreme Court of Judicature of Jamaica, Judgments 1917-1932 with a digest of the same by Adrian John Clark, L.L.B. of the Inner Temple:  sometime a Judge of the Supreme Court of Judicature of Jamaica…

 

In 1963, The Gleaner Co. Ltd (Newspaper Company) published The Gleaner Law Reports 1963:  Cases determined in the Court of Appeal during 1963.  Reported and edited by Boyd Carey, LL.B (London) of Lincoln’s Inn, Barrister-at-Law.  An additional five volumes were subsequently published with a combined index and spanned the period 1963 – 1968.

 

Decisions of the Court of Appeal and the Supreme Court are reported in The Jamaica Law Reports (JLR), beginning in 1933 with Volume 1 and continuing to Volume 7, 1956-60.  These were published by authority of the Supreme Court of Judicature of Jamaica.

 

Publication of The Jamaica Law Reports, Vols. 8-15, 1963-1976 was subsequently undertaken by Butterworth’s.  The Caribbean Law Publishing Company continued publication from Volume 16(1977) to the current Volume 35, published in 2008 and bringing the series of decisions to 1998.  The later volumes included decisions on appeal from Jamaica to the Judicial Committee of the Privy Council.

 

The latest publisher to offer Jamaican case law resource is JUSTIS Publishing (UK) who, in 2010, announced Justis Jamaican Cases, a searchable database of cases from Jamaica’s Court of Appeal, Supreme Court and the Revenue Court, from 1999 to the present.

 

Jamaican judgments can also be accessed through law report series such as The West Indian Reports (hard copy and online available through LEXISNEXIS and containing cases from most of the English-speaking Caribbean) and Law Reports of the Commonwealth (Commercial law, criminal law, constitutional and administrative law).

 

Unreported judgments of the Court of Appeal can be accessed from its website.  Civil judgments from 2007 to the present, criminal judgments from 2006 to the present are listed.   These lists are not complete. 

 

Unreported judgments of the Supreme Court from 2006 are listed at its website.  The list is not complete.

 

Additionally, unreported judgments can be accessed through CARILAW, a database from the Faculty of Law, Barbados, which includes head notes for judgments from Jamaica and the Caribbean. Access is by subscription.  

 

b. Secondary sources

There are many secondary sources of legal information pertaining to Jamaica. Some of these source titles listed below specifically relate to Jamaica and others are about the Commonwealth Caribbean with sections on Jamaica. These sources are listed below under the separate headings:

 

a.     Rules of the Court

b.     Textbooks and treatises

c.     Journals

d.     Databases

e.     Seminar papers

f.      Libraries

g.     DVDs

h.    Websites

i.      Library Networks

j.      Newspapers

a. Rules of the court

1. Civil Law – Civil Procedure Rules. The Caribbean Law Publishing Company Limited

Kingston, Jamaica Available online.

2. Criminal Law – Archbold’s Criminal Pleading, Evidence and Practice

 

b. Textbooks and treatises

The following textbooks are published by Routledge Cavendish under its Commonwealth Caribbean Law Series:

               i.         Antoine, Rose-Marie. Commonwealth Caribbean Law and Legal Systems, 2nd edition.

             ii.         Fiadjoe, Albert. Alternative Dispute Resolution: A Developing World Perspective.

           iii.         Fiadjoe, Albert. Commonwealth Caribbean Public Law, 3rd edition.

            iv.         Kodilinye, Gilbert & Kodilinye, Vanessa. Commonwealth Caribbean Civil Procedure, 3rd edition.

              v.         Kodilinye, Gilbert and & Carmichael, Trevor. Commonwealth Caribbean Law of Trusts, 2nd Edition. Updated edition expected September 2012.

            vi.         Kodilinye, Gilbert. Commonwealth Caribbean Property Law, 3rd edition.

          vii.         Kodilinye, Gilbert. Commonwealth Caribbean Tort Law, 4th edition.

        viii.         Owusu, Sampson. Commonwealth Caribbean Land Law.

            ix.         Phillips, Fred. Commonwealth Caribbean Constitutional Law.

              x.         Ramlogan, Rajendra & Persadie, Natalie. Commonwealth Caribbean Business Law, 2nd edition.

            xi.         Ramlogan, Rajendra. Judicial Review in the Commonwealth Caribbean.

          xii.         Seetahal, Dana. Commonwealth Caribbean Criminal Practice and Procedure, 3rd edition. Updated edition expected March 2013.

 

The following are forthcoming books in the Series:

               i.         Burgess, Andrew. Commonwealth Caribbean Company Law. To be published December 31st 2012.

             ii.         Corthésy, Natalie & Harris-Roper, Carla. Commonwealth Caribbean Employment and Labour Law.  To be published June 2013.

           iii.         Kodilinye, Gilbert & Kodilinye, Vanessa. Commonwealth Caribbean Contract Law. To be published May 31st 2013.

            iv.         Ventose, Eddy. Commonwealth Caribbean Administrative Law. To be published November 2012.

 

 Some useful treatises include:

      i.         Barnett, Lloyd.  The Constitutional Law of Jamaica.  Oxford University Press, 1977.

    ii.         Belnavis, George. Criminal Practice and Procedure in the Magistrates’ Courts in the Commonwealth Caribbean. Caribbean Law Publishing, 2009.

  iii.         Bowling, Ben. Policing the Caribbean: Transnational Security Cooperation in Practice. Clarendon Studies in Criminology, 2010.

   iv.         Chambers, H.V.T.  Brief History of the Post of Master of the Supreme Court of Jamaica.  Metro Press, 1972.

     v.         Chambers, H.V.T.  Essays on the Jamaican Legal System.  Metro Press, 1974.

   vi.         Codlin, Raphael.  Jamaican Advocates.  Canoe Press, 2007.

vii.         Codlin, Raphael:  Historical Foundations of Jamaican Law.  Canoe Press, 2003.

viii.         Grant, V.B.  Jamaican Land Law.  1957.   

   ix.         Harrison, Karl.     Assessment of Damages for Personal Injuries. 2nd ed. 2011

     x.         Khan, Ursula.  Recent Personal Injury Awards Made in the Supreme Court of Jamaica.  Vols. 1 – 6, 1978 – 2008.

   xi.         Kirkaldy,   George.  Industrial Relations Law and Practice in Jamaica.  Caribbean Law Publishing.  1998.

xii.         Mangal, Rambaran.   An Introduction to Company Law in the Commonwealth Caribbean.  Canoe Press, 1995

xiii.         McKoy, Derrick.  Corruption:  Law, Governance and Ethics in the Commonwealth Caribbean.  Hansib  Publication, 2012

 

c. Journals

There are a number of journals available. The greatest challenge facing these journals is that they are not available online and, in some cases, are not up-to-date. The following are the available journals:

      i.         Caribbean Criminal Law Digest. The Council of Legal Education, Norman Manley Law School.

    ii.         Caribbean Law Review. Caribbean Law Publishing (Ian Randle)

  iii.         JAMBAR Journal formerly JAMBAR News. The Jamaican Bar Association

   iv.         West Indian Law Journal formerly Jamaica Law Journal. Norman Manley Law School.

     v.         Young Attorney. Norman Manley Law School Students Association

 

d. Databases [[12]]

i.         CariLaw       

ii.         WestLaw       

iii.         Lexis           

 

The following are available online at no cost.

iv.         BAILII           British & Irish Legal Information Institute

v.         COMMONLII   Commonwealth Legal Information Institute

vi.         WORLDII       World Legal Information Institute

vii.         Caribbean Marketplace– Addressing the needs and challenges specific to the legal, tax & accounting, and corporate practitioner in the Caribbean market. 
 

e. Seminar Papers:-

Various organisations hold legal seminars but the papers produced at these seminars are not readily available. A useful resource through which to access papers produced by the Bar Association in conjunction with the General Legal Council Continuing Education sector is the General Legal Council’s website.

 

f. Libraries

      i.         Supreme Court & the Court of Appeal Library

    ii.         The National Library of Jamaica

  iii.         University of the West Indies Mona Library

   iv.         Norman Manley Law School Library

     v.         Faculty of Law at Cave Hill, Barbados

 

g. DVDs

Zip Law produces DVDs, which are updated annually with legal resources. These are purchased by members. Please see Ziplaw for more information.

 

h. Websites:

      i.         Ministry of Justice Jamaica

    ii.         Houses of Parliament Jamaica

  iii.         Bank of Jamaica

   iv.         Jamaica Printing Office – The official government printers

  1. International Labour Organisation database of national labor legislation

   vi.         Jamaican Bar Association

  vii.        Library of Congress guide to Jamaican laws

 

i. Library Networks

1.     Carall-talk - The  Caribbean Association of Law Libraries talk forum

2.     CARALL-LINAJ – The Legal Information Association of Jamaica (Proposed Chapter of the Caribbean Association of Law Libraries (CARALL)).

linaj@yahoogroups.com

 

j. Newspapers

        1. Jamaica Observer - – ‘Legal Notes’ on Wednesdays in the Jamaica Observer written by attorneys

             from Myers Fletcher & Gordon.

       2. ‘Laws of Eve’ on Mondays in the Jamaica Gleaner  by Nunes Scholefield DeLeon & Company.

 

VII. References

1. Cases

a.     Attorney General for Jersey v Holley [2005] 3 WLR 29

b.     Bernard v The Attorney-General of Jamaica [2004] UKPC 47

c.     Lister v Hesley Hall Limited [2001] UKHL 22

 

2. Legislation

a. The Jamaica (Constitution) Order in Council 1962

b. Jamaica Independence Act 1962

 

3. Books

a.     Antoine, Rose-Marie. Commonwealth Caribbean Law and Legal Systems (2nd edition Routledge Cavendish, London 2006).

 

4. Websites

a.     http://www.caribbeancourtofjustice.org          

b.     http://www.caricom.org           

c.     http://www.countriesquest.com/caribbean/jamaica/government/executive.htm

d.     http://www.courtofappeal.gov.jm             

e.     http://www.dpp.gov.jm  

f.      http://www.jamaica-gleaner.com               

g.     http://www.jamaicaobserver.com           

h.    http://www.justis.com/

i.      http://www.moj.gov.jm

j.      http://pdba.georgetown.edu/Constitutions/Jamaica/jamaica.html

k.     http://www.supremecourt.gov.jm



[[1]] After Cuba and Hispaniola.

[[3]] A Jamaican citizen appointed by the Queen on the advice of the Jamaican Prime Minister.

[[5]] Here, the Crown, in its legislative role, passes laws, which are then sent to the monarch for the Royal Assent. This is a curious feature of the Westminster style of government and reflects the idea that there is a fusion of power between the executive, legislative and judiciary arms of government.

[[6]] Information from the Jamaican Supreme Court website. See http://supremecourt.gov.jm/.

[[7]] It should be noted that not all decisions of the Privy Council are binding on Jamaican courts. This is because the Privy Council remains the final appellate court for a number of Commonwealth countries and, unless it is on a similar issue, a decision affecting a particular jurisdiction is, strictly speaking, merely persuasive.  An example of this is Attorney General for Jersey v Holley [2005] 3 WLR 29, where an enlarged Board held that individual characteristics should not be considered in determining if a defendant meets the reasonable person standard for provocation. 

[[8]] A good example of this are the decisions of the Supreme Court of United Kingdom (formerly the House of Lords), which is that country’s final appellate court. In Bernard v The Attorney-General of Jamaica [2004] UKPC 47, the JCPC applied the decision of the then House of Lords in Lister v Hesley Hall Limited [2001] UKHL 22 to find the State vicariously responsible for the actions of a police officer who shot and injured a civilian.

[[10]] Ibid.

[[12]] Paid subscription with password.