The Concept of Fairness in the Law of Natural Justice in Jurisprudence of the Commonwealth Caribbean
Number of pages:
10
ABSTRACT:
This is a 10 page paper discussing the concept of fairness and natural justice in regards to the jurisprudence of the Commonwealth Caribbean. The concept of fairness adds to the law of natural justice especially in its application of the jurisprudence of the Commonwealth Caribbean. The Commonwealth Caribbean, comprised of over 15 island and mainland nations in the Caribbean, has a system of law based primarily on that of the United Kingdom and on each nation’s colonial history. Some nations have components of the colonial Dutch and French systems as well because of historical ties. Regardless of the nation however, the Commonwealth Caribbean was considered one of the areas of the world in which basic laws of human rights, natural justice and natural law, were not being followed in regards to fairness, justice and equality within the judicial system. Prisoners unable to afford representation were not always provided with legal aid and were therefore not offered fair trials, decisions or appeals. With an international push for fairness in judicial systems, organizations were formed providing representation for criminals in the Commonwealth Caribbean in the mid-1990s and more recently constitutional amendments have been included providing for legal aid representation in all cases. Several amendments have been enforced within the judicial system as well to follow constitutional law to provide fair and just representation in regards to decisions pertaining to court justices and despite the power of the Chief Justice within the judicial system, he must also follow the concept of fairness in his application of justice within the judicial system itself.
Bibliography lists 12 sources.
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