Main constitutional principles and policies in the Commonwealth Caribbean, including the concept of entrenchment, mechanisms of entrenchment and consequences of entrenchment. The separation of powers concept in the Commonwealth Caribbean, including different aspects of Hinds v. R; independence of the judiciary; constitutional supremacy; the rule of law issues (including Hochoy v. NUGE and Collymore v. A.G.); savings clauses. The structure of Government in the Westminster Export Model, including the nature and functions of the different branches of Government, the position of Governor-General/President, and the role of Services Commissions. Fundamental rights and freedoms, contents and structure, comparisons, enforcement provisions, economic and social rights. Issues concerning constitutional reform.
Students in the six-month programme are also required to attend court under a programme of court attendance (to be drawn up by the Principal) and perform professional exercises and observe practices and procedures in a legal aid clinic or law office.
Criminal Practice and Procedure
Practice and procedure in summary courts created by statute. Preliminary inquiries and similar process. Coroners’ Inquest. Appeals from summary courts. Practice and procedure in higher courts -indictments, information, trial by jury, verdict, sentence, compensation and costs in criminal cases. Appeals to Courts of Appeal from conviction on indictment or information. Powers of Courts of Appeal, application of the proviso in criminal appeals. Rights, obligations, powers and duties of Police. General principles relating to punishment Prisons, Borstals, Juvenile detention centres, probations, suspended sentences, fines, bonds. Appeals to the Judicial Committee of the Privy Council, as of right, by leave of Courts of Appeal, by special leave of the Judicial Committee. Procedure in appeals to the Privy Council.
Laws and Legal Systems of The Caribbean
General issues concerning the nature of law in the Commonwealth Caribbean, including the role of law in development. The origin and development of the present system of law in the Commonwealth Caribbean, common law and civil law traditions. The sources of law in the Commonwealth Caribbean, doctrine of precedent, binding and persuasive authority, and the provenance of International Law. The Court structure, including the hierarchy of courts and jurisdiction of the various courts. Issues concerning the roles and operation of the Judicial Committee of the Privy Council and the Caribbean Court of Justice. The origin, development and functioning of specialized courts, tribunals and other institutions of law.
Law Office Management, Accounting and Technology
General principles of office management. Book-keeping and accounts. Double entry book-keeping. The interpretation of balance sheets. Accounts generally and the separation of clients’ accounts from personal accounts. The preparation of bills of cost in legal proceedings. Records, filing and safekeeping of clients’ documents. Taxation of professional men. Duty to make tax returns. Professional advice on taxation.
The Principal may add to or exempt a student from a subject having regard to that person’s qualifications and experience.