The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

TY - JOUR

T1 - The Contribution of the Caribbean Court of Justice to the Development of Human and Fundamental Rights

AU - Caserta, Salvatore

PY - 2018/3/1

Y1 - 2018/3/1

N2 - This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a remarkable capacity to navigate the various different jurisdictions of the Caribbean States (ie, common v civil law systems) as well as the different legal cultures and approaches to international human rights and laws (ie, dualism v monism as well as British v international approaches to human rights).

AB - This article highlights some of the most important legal developments of the CCJ with the goal of clarifying its role as a human and fundamental rights Court. The article also assesses these legal developments in the light of the Court’s authority. I argue that, through its case-law, the CCJ has succeeded in formally becoming a central player in the enforcement of human and fundamental rights in the region. In particular, the Court has shown a remarkable capacity to navigate the various different jurisdictions of the Caribbean States (ie, common v civil law systems) as well as the different legal cultures and approaches to international human rights and laws (ie, dualism v monism as well as British v international approaches to human rights).

UR - https://academic.oup.com/hrlr/article/18/1/170/4818267

U2 - 10.1093/hrlr/ngx039

DO - 10.1093/hrlr/ngx039

M3 - Journal article

SN - 1461-7781

VL - 18

SP - 170

EP - 184

JO - Human Rights Law Review

JF - Human Rights Law Review

IS - 1

ER -