Birdsong's Law Blog

Birdsong has lived in the Caribbean and enjoys travelling there.  He also sometimes researches and writes on legal topics concerning the English Speaking Caribbean. The article I post herewith is about the formation of the Caribbean Court of Justice.  

Birdsong is the first American to write about the CCJ and is very proud of the fact.  The CCJ is a regional court for the Caribbean that will, among other things, serve as a type of “Supreme Court” or court of last resort for criminal matters.  Until the formation of the CCJ Caribbean criminal defendants had to take their final appeals to the Privy Council in England. The Privy Council is the judicial wing of the British House of Lords.  Birdsong believes the formation of the CCJ spells the end of British colonial rule in the Caribbean and a triumph for the people of color of the ESC who have fashioned the new court.

 his article was originally appeared in the 2005 Winter/Spring edition of the University of Miami Inter-American Law Review. 

The Formation of the Caribbean Court of Justice: The Sunset of British Colonial Rule in the English Speaking Caribbean

 Leonard Birdsong © 2004

    I.       INTRODUCTION

For a period of almost three centuries, ending at the close of World War II, Great Britain ruled a vast colonial empire. During this period, it was said that the sun never set on the British Empire. Britain ruled colonies in the Near East, the Far East, India, Africa, Australia, New Zealand, and the Caribbean. Since World II, all but a few British colonies sought and won their inde­pendence. A number of the former colonies formed their own gov­ernments, implemented their own parliaments, and devised their own court systems. Many became Commonwealth countries, keeping strong ties to Britain. Despite their independence, how­ever, most former colonies retained the English common law as their legal system.

            Birdsong just has to remind all of you out there that June has been a good month for justice for African Americans.

            On June 13, 1866, Congress passed the 14th Amendment that extended liberties and rights granted by the Bill of Rights to former slaves.  The major provision of the 14th Amendment was to grant citizenship to “all persons born or naturalized in the United States,” thereby granting citizenship to the descendants of Africans brought to America in chains. We truly became African Americans.

            On June 16, 1866, the House Joint Resolution proposing the 14th Amendment to the Constitution was submitted to the states.

Birdsong does not know Teddy Pierre but wishes to thank him for emailing a newspaper article from the Palm Beach Post dated June 20, 2008.  The story concerned the Florida Bar’s 2008 Annual Convention held in Boca Raton.  One message that came from the convention was: Diversity must be taken seriously in Florida.

            During the group’s diversity symposium a panel of attorneys from major corporations discussed how their companies have made a commitment to work with law firms that show a commitment to diversity. Various panelists indicated that their companies go as far as looking at the number of minorities, women, people with disabilities and people of different sexual orientations the firms have on staff.