Law Notes Unit One February 6, 2014

Constitution
The written constitution as a legal source.
The written constitution is thought to be the most important legal source in the Commonwealth Caribbean. The constitution represents an indigenous source of law; it symbolizes the regions break in colonialism, for the constitutions of the Caribbean were written when we were no longer colonies. It can be looked at, however as a historical source of law. Historical sources of law refer to the causative factors behind a rule of law, its historical origin and development. E.g., The law of the commonwealth is derived directly from our colonial past. The source of our law is the process under colonization that led to English statute, the common law and equity being transplanted to the Caribbean under the doctrine of the reception of law. In England, The source of that countries law is its customs. There is a very strong and direct interrelationship between the commonwealth Caribbean legal sources and our historical sources. The attitude of the judiciary, the character and operations of legal institutions still reflect the colonial experience. E.g., Colonial acts still remain on the statue books; take for instance, the Vagrancy Laws. Legal Sources of law form the basis of the laws validity, in other words, legal sources give law its authority. The constitution is a legal source. The constitution is a very important legal source because it adheres to the theory of constitutional supremacy in the region. Before the theory of constitutional supremacy, the commonwealth Caribbean obversed the doctrine of parliamentary supremacy/sovereignty as its characteristics of the United Kingdom.

Law Notes Unit One February 6, 2014 The constitution can be defined as a body of laws containing the rules, which determine the direction of the state, including the manor in which the state is organized and the body of fundamental principles according to which the state is governed. The constitution legitimizes law: It is the base from which the rule of law originates and derives its authority and validity. All norms of society stem from the constitution. The constitution maybe viewed as the parent law, for all other laws are measured against it it is the supreme law of the land. Therefore the constitution is also a source of power, because it tells us citizens what our rights are, it also molds the shape of both our legal system and political system. E.g., The principle of democracy can be found in the constitution of democratic countries. The Constitution lays down mandatory procedures for government, is the foundation for judicial revue, states basic human rights and avenues for redress of violations of such rights and promulgates new remedies. Other functions of the constitution are: 1. It highlights and outlines how state institutions are to be created and established. As well as the function of the state. 2. Grants authority to make laws. 3. Defines state territory. 4. Gives the state legitimacy, through the existence of an independent body of laws which regulate the state

Law Notes Unit One February 6, 2014 But the most popular and important function of the constitution is its role in protecting fundamental human life. The constitution also acts as a yardstick to measure the validity and authority of laws in general. It also supervises the use of power or authority in the state.