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    Commonwealth Caribbean Jurisprudence, Natural Justice, and Fairness

    Number of Pages: 10


    Summary of the research paper:

    In ten pages this paper examines Commonwealth Caribbean jurisprudence as it involves natural justice and fairness concepts. Twelve sources are cited in the bibliography.

    Name of Research Paper File: D0_TJJurCC1.rtf

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    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 nations 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. The Law of Natural Justice Natural justice in the legal system today is considered primarily as an "ideal related to procedure" but historically,  "natural justice" has been closely tied with "natural law" and therefore tied to the ideas of "substantive justice". Through many of the basic concepts of natural law and its application  throughout history, natural justice can be considered as the "law beyond the law" in that not only are principles developed from its application but also elements of legitimacy and fairness. 

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