Time to Return to Blogging!!

pexels-photo-968428.jpegWow! I can’t believe it’s been 3 years since I blogged on this site. It’s time to get blogging again, and  I’m excited! There’s so much to write about, I don’t even know where to start – the Data Protection Bill, Access to Information (currently my main focus!), summarising rulings handed down by the court and the million and one other issues!!!

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I’m also thinking about a mini-podcast – knocking around names:

  1. Holding Caribbean Court
  2. Caribbean Court Chat
  3. Caribbean Law
  4. Caribbean Bar
  5. Caribbean Bar Talk (I think I like this one lololol)

So watch out! Here I come!

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Ganja Reform, Rights and Rasta

www.wikipedia.c
www.wikipedia.com

In 1997, Dr. Dennis Forsythe, described in Forsythe v Director of Public Prosecutions and Attorney General (1997 34 J.L.R. 512) as a sociologist, holist, author, Rastafarian and attorney-at-law, petitioned the Supreme (High) Court for a declaration that his constitutional rights to freedom of conscience and freedom of religion had been infringed by the Dangerous Drugs Act 1924. Forsythe had been arrested for illegal possession of marijuana (called ganja in Jamaica) and a chillum pipe (used to smoke marijuana) at his house.

Read the rest of my post at Oxford Human Rights Hub right here!.

Does Arthur Williams Have Clean Hands? (Williams v Holness Part 2)

Image by digitalart at www.freedigitalimages.net
Image by digitalart at http://www.freedigitalimages.net

There was a collective national gasp in 2013, when, after having been ousted from the Senate by Opposition Leader Andrew Holness, by way of delivery to the Governor General of a pre-signed letter of resignation and a pre-signed letter of authorization to date and send the resignation letter, Arthur Williams revealed that he had crafted those very letters.

There was doubt in some quarters that Williams would even be entertained in the Supreme Court, given his significant contribution to creating the very devices that were used to remove him from the Senate.

When the Supreme Court ruled that the letters were inconsistent with the constitution, contrary to public policy, null and void, the questions were raised again.

How could Arthur Williams benefit from a ruling made necessary by a situation that he himself had brought about? Shouldn’t he have been barred from accessing the court, or at the very least not have benefitted from its ruling? Read more here in my post at www.rjrnewsonline.com. 

You’re Fired! (or Not!) Williams v Holness Part 1

Supreme Court, Jamaica Photo by DJ Miller
Supreme Court, Jamaica
Photo by DJ Miller

According to the Supreme Court ruling in the case of Arthur Williams v Andrew Holness, political leaders have no power to revoke the appointment of Senators. The question we are left with is whether they should have that power.

The case has left Jamaicans asking about its immediate impact on the composition of the Senate, with lawyers for Mr. Williams maintaining that he and Mr. Tufton are still Senators while lawyers for Mr. Holness disagree.  Read more in my post at www.rjrnewsonline.com. 

Why the Stephen Fray Appeal is Important

Image by digitalart at www.freedigitalimages.net
Image by digitalart at http://www.freedigitalimages.net

I’m blogging today at http://www.rjrnewsonline.com about the appeal of Stephen Fray, the Jamaican now in prison after a bizarre airplane hostage situation in 2009. Check it out!

The Judicial Committee of the Privy Council, Jamaica’s highest court, has granted Stephen Fray permission to appeal, a move which will lead to important developments in the area of criminal law. Fray is the Jamaican man convicted in relation to a hostage situation aboard an aircraft at Sangster International Airport in Montego Bay in 2009. Read more here. 

Rights of the Disabled and Progressive Realisation

I’m blogging today over at Oxford Human Rights hub. Please check out my post.

Jamaica boasts of being the first country in the world to both sign and ratify the United Nations Convention on the Rights of Persons With Disabilities, on March 30, 2007. Seven years later, the Disabilities Act has been tabled in Parliament. This is an important step, but there are questions about whether the proposed statute’s actual impact may fall short of expectations, especially when it comes to implementation in a small, developing country. Read more here.

The Buggery Debate – the Global Context.

I’m blogging today over at http://www.rjrnewsonline.com. here’s the beginning – please check out the rest of the post…

The cultural and religious disapproval, and let’s face it, deep distaste many Jamaicans have for homosexual men make it difficult for them to accept that the controversy over discrimination based on sexual orientation is being played out in an international human rights context, but it certainly is.

The gay rights issue is THE civil rights issue of this decade, if not this century, and Jamaica and her neighbours in the Commonwealth Caribbean are right in the middle of a global dispute, given these countries’ retention of laws that criminalise anal sex

Continued here

Constit Law

Sincere apologies to anyone not in my Constit Law tutorials. This won’t happen again I promise! 

To the students, please prepare as follows:

1. The concept of Parliamentary sovereignty has been overtaken in the case of the Commonwealth C’bean constitutions by the concept of constitutional supremacy.

Discuss with reference to Collymore and the cases on page 17 of the worksheet 

2. See Questions for Tutorial Discussion on your worksheets – pages 36-37 – prepare questions,3 & 4

3. What are the main principles in Collymore and Symonette?

 

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