Law 1 Flashcards
Define Law
Law is the set of rules a country or community uses to guide people’s behavior.
If someone breaks the rules, they can be punished.
What are the 2 major categories of law?
1) Criminal Law- Deals with crimes like murder, theft, or assault.
The state punishes people who break these laws.
2) Civil Law- Deals with disputes between private individuals.
What are the functions of law ?
A. To Legitimise- Official recognition and says it applies equally to everyone.
B. To Allocate Power- Law decides who has authority (like police or customs) and what powers they have.
C. To Order Society- Law helps organize and manage society, like setting rules for strikes or work disputes.
D. To Control Individuals- Law protects people and maintains peace and order, especially through criminal laws.
E. To resolve conflicts
F. To dispense justice (e.g. Maternity Protection Act )
G. To change society and individuals - to adapt to the demands and changes of the society (Cyber crimes)
What is the Constitution as a Source of Law?
The Constitution is the highest law in the country.
If any other law goes against it, that law is considered invalid.
Judges can strike down laws that conflict with the Constitution.
Its importance lies not just in being supreme, but in the rights (Bill of Rights) and rules it contains.
The Constitution is also important because it establishes and regulates the various social institutions which make up the democratic system. Thus, the Constitution spells out, among others:
1] rules governing entry into the upper and lower houses by way of either appointment or election;
2] the power which Parliaments possesses to make laws, including laws which might amend the Constitution;
3. the procedure which must be followed to enact such laws.
What are the Functions of the Constitution?
1) Defines citizens’ rights and how the legal and political systems are shaped
2) Sets mandatory procedures for government to follow
3) States and protects basic human rights and provides remedies for violations
4) Establishes the territory and structure of the State
5) Creates government institutions and assigns their powers
6) Gives authority to make laws and gives legitimacy to the State
What does the constitution contain ?
1) A preamble (intro statement of values and goals)
2) Rules about who is a citizen
3) A Bill of Rights (your fundamental rights and freedoms)
4) The powers of the Head of State and Parliament
5) The structure and powers of the Executive and Judiciary
6) Rules for the Public Service and Judicial Commissions
7) Chapters on how the government handles money (finance)
8) A rule giving Parliament power to make laws for peace, order, and good government
What is Legislation and why is it important?
1) Legislation is the body of laws made by Parliament.
2) Parliament gets this power from the Constitution (e.g. Section 53 of T&T’s Constitution)
3) It is the most important source of law in the Caribbean.
4) Parliament can make, change, or remove laws.
5) It’s also called codified law ( laws that are written down) , based on the Civil Law tradition.
6) Unlike common law, it is a direct legal source and often needs statutory interpretation by judges.
What is Green paper and its purpose ?
A Green Paper contains ideas about a particular subject, published by a government. The purpose of a Green Paper is to allow people to discuss these ideas before the government takes any decision
What is White paper?
1) A White Paper is a document where the government explains its proposed policy before turning it into law.
2) This policy is then written as a Bill, which is a draft law.
3) The Bill is presented to Parliament for debate and voting.
4) It includes explanatory notes to explain the reasons behind the law.
What is the role of Parliament?
Parliament’s role is to debate, amend, and approve bills (draft laws). A bill becomes law only if:
It is passed by a majority vote in Parliament.
It receives formal assent from the Head of State (e.g., President or Governor-General).
What are the functions of the legislation?
Revision & Modernization- Updates outdated or problematic laws to reflect current societal needs.
Consolidation- Combines multiple laws on the same topic (e.g., land laws from 1950–2020) into a single, coherent statute.
Codification- Turns judge-made case law (precedents) into written statutes for clarity and consistency.
What is subordinate/delegated legislation, and why is it used?
Laws made by authorities (e.g., Ministers, Head of State) under powers granted by a parent Act of Parliament
Purpose:
Saves parliamentary time by avoiding lengthy debates on technical details.
Allows flexibility to address complex or changing needs (e.g., setting commencement dates, technical rules).
How It Works:
Parent Acts include schedules or provisions delegating authority to create regulations.
Examples: Tax regulations, health/safety rules, licensing requirements.
Advantage:
Faster implementation than passing new Acts.
Disadvantage:
Less democratic scrutiny (not debated by full Parliament).
What are the key functions of delegated legislation?
1) Speed & Efficiency-
Avoids delays in passing urgent laws through Parliament.
2)Technical Expertise-
Allows specialists (e.g., scientists, economists) to draft complex rules.
3)Flexibility-
Easily amended or revoked as needs change (e.g., updating health/safety rules).
4)Reduces Parliamentary Bulk-
Prevents overwhelming Parliament with minor/technical details.
What is common law, and what are its key characteristics?
1)Definition:
Judge-made law developed through court decisions (precedents) in disputes.
2)Key Features:
Case-by-case basis:
▪Evolves incrementally through rulings.
▪Relies on law reports: Requires accurate recording of past judgments.
▪Fills gaps: Applies where no statute exists.
▪Creates law: Judges interpret and shape legal principles (not just declare them).
3)Pros:
▪Stability: Predictable rulings based on precedent.
▪Flexibility: Adapts to new situations (e.g., novel cases).
4)Cons:
▪Rigidity: Harsh if facts don’t fit historical rules.
▪Equity needed: Fairness gaps led to complementary equity principles (e.g., injunctions, trusts).
What is the doctrine of judicial precedent, and why is it important in common law systems?
1)Definition:
The principle that courts must follow binding precedents (past decisions) when ruling on similar cases.
2)Purpose/Rationale:
Ensures consistency and predictability in the law.
Allows common law to evolve scientifically on a case-by-case basis.
3)How It Works:
Judges review past cases (stare decisis) when no statute applies.
Two types of precedent:
Binding: Must be followed (e.g., higher court rulings).
Persuasive: May influence but not required (e.g., foreign courts).
4)Key Feature:
Central to common law, making judicial decisions a source of law.
What is binding precedent in the doctrine of judicial precedent, and how does it function in common law systems?
1)Definition:
A legal rule from a higher court that must be followed by lower courts in similar cases (stare decisis = “to stand by decided matters”).
2)Key Principles:
Judges do not create law but apply existing legal rules from past decisions.
Precedents are binding, not optional (e.g., a Caribbean Court of Justice ruling binds national courts).
3)Rationale:
Ensures consistency, predictability, and fairness in the legal system.
4)Landmark Case:
London Tramcars Co Ltd v London County Council (1888):
Lord Halsbury ruled that once a legal principle is decided by a superior court (e.g., House of Lords), it is final and cannot be reargued.
5)Exception:
Higher courts can overrule their own precedents if outdated or unjust (e.g., UK Supreme Court overturning a past House of Lords decision).
What are persuasive precedents and how do they differ from binding precedents?
1)Definition:
Legal principles from past cases that offer guidance but are not mandatory for judges to follow.
2)Sources of Persuasive Precedents:
Courts lower in hierarchy (e.g., a Jamaican Parish Court decision influencing the Supreme Court).
Courts from other jurisdictions (e.g., UK Privy Council rulings in Caribbean courts).
Foreign judgments (e.g., Canadian or Australian case law cited in Trinidadian courts).
3)Key Difference from Binding Precedents:
Binding: Must be followed (e.g., CCJ rulings in member states).
Persuasive: Judges may consider but can disregard if unjust or irrelevant.
4)Example:
A Barbados Court of Appeal ruling is only persuasive to a Jamaican court (not binding)
Is international law a source of law in domestic legal systems, and what are its two main sources?
1)Definition:
International law governs relations between states (e.g., treaties, diplomatic immunity).
2)Domestic Relevance:
Only binding if incorporated into national law (e.g., via parliamentary ratification).
3)Two Main Sources:
Treaties: Formal agreements between states (e.g., UN conventions).
Custom: Long-standing state practices accepted as law (e.g., diplomatic immunity).
4)Example:
An ambassador’s arrest violates international law (Vienna Convention on Diplomatic Relations).
What are three key international treaties signed by Commonwealth Caribbean governments, and what rights do they protect?
1)Treaties & Their Focus:
International Covenant on Civil and Political Rights (ICCPR):
Protects fundamental rights (e.g., freedom of speech, fair trial).
American Declaration of the Rights and Duties of Man:
Reinforces constitutional rights (e.g., equality, due process).
Convention on Elimination of All Forms of Discrimination Against Women (CEDAW):
Mandates gender equality (e.g., laws/policies to end discrimination).
2) Domestic Impact:
Many rights in these treaties are already in Caribbean constitutions (e.g., Jamaica’s Charter of Rights).
CEDAW requires active measures (beyond laws) to achieve gender equality (e.g., education, workplace policies).
What is the status of customary international law in Trinidad and Tobago’s domestic legal system?
1)General Rule:
No automatic incorporation – Customary international law is not automatically part of T&T law unless adopted by Parliament or courts.
2) Judicial Approach:
No clear precedent in T&T courts accepting automatic incorporation.
Some UK cases suggest partial acceptance, but even there, it’s debated (e.g., R v Jones (Margaret) ruled that international crimes don’t automatically apply domestically).
3) Key Takeaway:
Customary law must be incorporated via legislation or judicial adoption (e.g., piracy laws).
Status remains unresolved in T&T, but the prevailing view opposes automatic inclusion.
What is the hierarchy of courts in Commonwealth Caribbean countries, and why is it important?
1) Definition:
The hierarchy of courts refers to the structured system of courts with different levels of authority, where higher courts can review decisions of lower courts.
2)Key Levels (General Structure):
- Magistrates’ Courts (lowest level: minor civil/criminal cases).
- High Court (major cases, judicial review).
- Court of Appeal (reviews High Court decisions).
- Caribbean Court of Justice (CCJ) / Privy Council (final appellate court, depending on the country).
3) Purpose:
Ensures consistency in legal interpretation.
Provides a clear appeals process.
Maintains rule of law through checks and balances.
4) Example:
In Jamaica, a case can move from the Supreme Court → Court of Appeal → CCJ (final appeal).
What are courts of limited jurisdiction in the Commonwealth Caribbean, and what are some examples?
Definition:
Courts or tribunals that only handle specific types of cases as defined by law (unlike general courts).
Key Examples:
Industrial Courts (e.g., Trinidad & Tobago, Antigua):
Resolve labor disputes (e.g., collective agreements, unfair dismissals).
Rent Tribunals:
Settle landlord-tenant conflicts (e.g., rent increases, evictions).
Public Service Disciplinary Tribunals:
Hear misconduct cases against government employees.
Purpose:
Specialized expertise: Focus on niche areas (e.g., labor law, tenancy rules).
Efficiency: Faster resolution for specific disputes.
Limitation:
Cannot hear cases outside their statutory mandate (e.g., a Rent Tribunal can’t rule on criminal matters).
What are the key functions and characteristics of the Magistrate’s Court in Caribbean judicial systems?
The Magistrate’s Court is a lower court established in districts with jurisdiction over:
Criminal offences (e.g., minor crimes).
Preliminary enquiries (assessing if cases should proceed to higher courts).
Limited family matters (custody, maintenance, access, domestic violence).
It operates with a single Magistrate presiding and must adhere to rules of natural justice (e.g., fairness, as outlined in laws like the Bail Act).
Key Point: Acts as an accessible first-tier court for minor and preliminary legal matters.
What are the key features and roles of the High Court in Caribbean judicial systems?
The High Court is a superior Court of Record with the following characteristics:
Unlimited jurisdiction – Hears major civil, criminal, and constitutional cases.
Constitutional authority – Derives power from the national Constitution.
Guardian of the Constitution – Ensures laws comply with constitutional rights.
Judges only – Cases are presided over by judges (no juries in most civil matters).
Specialized divisions to handle specific issues:
Civil Court: Contract disputes, tort claims, judicial review.
Criminal Court: Serious offenses like murder (trial by jury).
Family Court: Family-related legal matters.
Jurisdiction limits – Statutes (e.g., Bail Act) can restrict its authority.
Key Point: Serves as the primary court for high-stakes legal disputes, constitutional oversight, and specialized cases.
