Category: News

Truman Bodden Law School Senior Lecturer Derek O’Brien is one of the three co-editors of an invaluable new text and reference book, The Oxford Handbook of Caribbean Constitutions.

This is the first book of its kind, bringing together in a single volume a comprehensive review of the entire Caribbean region – from The Bahamas in the north through to Guyana and Suriname in the south, via Belize and all the islands in between.

While written in English, the book embraces the linguistic and cultural diversity of the region, covering, in addition to the Anglophone Caribbean, the Spanish, French and Dutch speaking Caribbean countries and territories.

The other co-editors are Professor Richard Albert of the University of Texas and Associate Professor Se-shauna Wheatle of the University of Durham.

The new book provides a detailed and contextual analysis of the constitutions of the Caribbean region, examining the constitutional development of the many countries and overseas territories that make up this diverse region. The Handbook examines the key features of each country and territory’s constitutional arrangements and the common challenges confronting the region as it emerges from the shadow of colonialism.

Beginning with a Foreword from the former President of the Caribbean Court of Justice, Sir Dennis Byron, and an Introduction by the lead editor, Richard Albert, the remainder of the book is divided into four parts, which are grouped thematically.

The book starts with an introduction to the legacy of colonialism and its imprint on Caribbean constitutionalism and proceeds in parts two and three to provide a detailed account of the region’s constitutions, before turning to examine the protection of fundamental rights, including social and economic rights.

The concluding part addresses the challenges and prospects for the region by reference to constitutional interpretation, constitutional reform and the dual jurisdiction of the Caribbean Court of Justice, which is unique amongst international courts.

Commenting on the assignment, Mr. O’Brien said, “This book has been three years in the making and is the product of a huge collaborative effort involving scholars from across the Caribbean, the UK and mainland Europe. Happily, I believe that it has been the worth the effort of all who have been involved with this project.”

FURTHER PRESS INFORMATION AVAILABLE FROM:
Derek O’Brien: Derek.O’Brien@gov.ky

Scott Atkins, Deputy Director of the Truman Bodden Law School, has just had a short article published in the peer-reviewed Oxford University Press journal Trusts & Trustees, in which he comments on the recent English decision of Solomon v McCarthy.

Scott said, ‘The decision of the English court concerned a novel point in the law of Trusts over whether a particular trust of land had to be evidenced in writing. The case concerned whether a recognized exception to that principle could be extended to a new situation; the court held it could not. Given the importance of this case, I felt it worthy of comment and was pleased when the renowned Trusts & Trustees journal accepted it for publication.’

Mitchell Davies, Director of the Truman Bodden Law School, said, ‘I am delighted that Scott’s article was published and it shows the contribution that the staff of the Law School continue to make to the understanding of both English and Caymanian Law.’

TRUMAN BODDEN LAW SCHOOL LLM Course Leader Laura Panades’ research is in the spotlight.

The European PPP Law Review journal has published her paper on competition in British Overseas Territories.

Her research shows how to make public contracting more competitive.

Competition is a force for good. It dispels corruption and encourages local businesses to innovate. This makes sure that Cayman’s public money is well spent.

The study looks at publicity of laws, accessibility of open tenders, publication of contract awards, local economic preferences and ethics in Government.

The Cayman Islands scores best. The sample also includes Bermuda and the Turks and Caicos Islands.

This publication underwent a double-blind peer review.

An earlier version of this research was featured in the ‘Public Procurement: Global Revolution’ Conference. This is the leading event in the field. It took place at the University of Nottingham in June 2019.

Findings feed into the LLM in International Finance. The programme hosts a module on the Law of Public-Private Partnerships. In this course, students learn how Governments worldwide contract goods, works and services from the private sector.

Laura Panades, LLM course leader and author of the research, said:

“This new publication engages with Cayman and its sister nations of the British Overseas Territories.

“This conversation will lead to improvements all across the Caribbean region.”

Mitchell Davies, Law School Director, said:

“This publication strengthens the research profile of the Truman Bodden Law School.

“Laura’s research provides a further opportunity for TBLS students to access first hand, cutting edge, internationally leading research.”

FURTHER PRESS INFORMATION AVAILABLE FROM:

Laura Panades: laura.panades@gov.ky

Tel: 945 00 77 (ext. 229)