Law Gov Textbook

Unit 1
Sources of Law
STRUCTURE
Overview
Learning Objectives
1.1 Common Law
1.2 Legislation
1.2.1 Legislation procedures
1.2.2 Subordinate/delegated legislation
1.2.3 The constitution
1.2.4 Statutory interpretation
1.3 International Treaties
Summary
OVERVIEW
In this unit, we will discuss the three major sources of law: common law,
legislation and international treaties. We will begin the unit by defining
common law. We will define common law as “judge-made” law, since it
is a body of rules created by judges. We will also discuss equity then go
on to discuss legislation and international treaties as sources of law.
LEARNING OBJECTIVES
After completing this unit, you should be able to:
• define common law and explain the rationale for equity;

• discuss the processes involved in making legislation;
• discuss international treaties as a source of law.
1.1 COMMON LAW
One of the major sources of law in the legal systems of the countries of
the Commonwealth Caribbean is the common law. But what do we
mean by the common law?
Common law is a body of rules developed over time by judges in the

course of resolving disputes between private individuals or between
citizens and public authorities. For this reason, the common law is also
referred to as the judge-made law. Consider the following example, in
this context:
An employer terminates the employment of an employee in

circumstances where there is no just cause for so doing. The
employee goes to the court of law, complaining that she has
Unit 1: Sources of Law
suffered an injustice by being deprived of her only source of

income, arbitrarily, i.e., without any valid reason. The
employer, however, responds saying that he is the one who
has invested money in the business, it is he who absorbs the
risk of the business downturn and it is his property on which
the business is run, and the employee is permitted to work
every day. He, therefore, argues that the court should
recognise his right to employ who he chooses, when he
chooses, and to decide whom he should permit to enter his
premises.
In a situation like the one given above, a judge must look carefully into
the competing claims, determine what the justice of the case requires,
and, accordingly, develop a rule of law to govern the situation. In this
particular case, common law judges decided that:
• no one should make a claim to permanent employment;

• all contracts of employment could be terminated.
However, it is important to note, they also observed that in the absence

of any just cause, an employee should be given a reasonable notice of
termination (i.e., where the employment contract does not provide for a
specific period of notice) in order to permit the employee some time to
look for another job, and so avoid any period of unemployment. The
common law (judge-made) rule, therefore, is that contracts of
employment may be terminated without just cause, but only after a
period of notice, or payment in lieu of that notice, is given.
Let us now examine another case here:
A police officer arrests someone, who she believes has

committed a crime, and takes him to a police station. It turns
out later that the person arrested is totally innocent. The
police officer has obviously made a mistake. The victim now
claims that he has been deprived of his liberty without any
justification. He wants compensation for the infringement of
his rights. The officer says that while she now admits, in
hindsight, that she was wrong to make the arrest, she
honestly believed at the time of the arrest that a crime had
been committed and that the person who committed the
crime was the person she arrested. She therefore argues
that she should not be penalised for simply doing her job and
honestly attempting to protect society from criminals. If she
is ordered to pay damages, she maintains, she would be
very reluctant in the future to arrest anyone, lest she finds
herself at the wrong end of a lawsuit once again.
Again, a judge has to decide between competing interests, i.e., the right
not to have one's liberty interfered with, on the one hand, and the public
interest in the detection of crime and the punishment of offenders, on the
other. The common law rule which judges have developed over time is
that a police officer may only arrest a person if the officer has reasonable
ground to suspect that that person has committed a crime. However,
honest belief is not enough. There must, in fact, exist objectively
verifiable circumstances which would lead a reasonable person to
suspect that the one arrested has committed a crime.
These are just two of the types of disputes which the courts have been
called upon to resolve over the years. There are, of course, countless
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others which develop between people every day, in a variety of

circumstances and in all walks of life and most of which, at times, have to
be resolved by the courts. We cannot possibly capture all the types of
disputes here. However, the following list should illustrate the point:
• Neighbours quarrelling over where the boundary line is situated and

whether one neighbour is trespassing on the other's land.
• Parents quarrelling over the custody of the children after a marriage
has broken down.
• Businesspersons contesting each other’s rights to market a particular
product with a particular brand name or alleging that one is
attempting to imitate the other's product.
• A consumer complaining that the items purchased from a
department store is of poor quality and making a demand for the
money back.
Common law judges have developed, in accordance with their own

sense of justice, rules of law for each type of dispute.
This body of rules, as we mentioned earlier, is what we refer to as the

common law, each rule being the product of an exercise whereby the
judge attempts, at his or her best, to balance competing interests.
You can find this body of rules in the thousands of volumes of law
reports which contain the written judgments of common law judges.
Practically, every country in the common law world has its own
collection. It is, therefore, not easy for anyone to discover from this huge
volume of materials what the common law is on any particular subject.
Fortunately, however, there are many academics who devote
considerable periods of time to researching these materials and
summarising the law for easy consumption. There are also now books
available on a variety of aspects of law. The proliferation of books, or
materials, on law is such that no lawyer or judge can claim to know what
the law is on any subject, without first engaging in some quick research.
Before we proceed any further, it is important for you to note that the
common law recognises legal rights only. What does this mean? This
means that though morally unfair, a party with no legal rights has no
recourse in the common law. The common law is thus harsh and rigid.
However, it offers a successful litigant (i.e., the aggrieved party)
monetary compensation. But then, as you may be aware, practically
speaking, a monetary compensation may not always be the most
appropriate remedy in a particular situation. Now, what is to be done in
situations of this nature?
Equity
It is to deal with situations of this nature, where monetary compensation
is not the most appropriate remedy, that equity is used. In other words,
equity eases the harshness and rigidity of the common law. How is this
done? Equity eases the harshness and rigidity of the common law by
recognising and protecting the rights for which the common law has no
provisions. Let us make this more clear with the help of an example. If
X transfers the legal ownership in property to Y, in order that Y pays the
income so earned to Z, the common law simply recognises that Y is the
owner of the property and ignores Y's obligation to Z. However, equity
recognises that Y is the owner of the property, as does the common law.
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But it also insists, as a matter of justice and good conscience, that Y

must comply with X's direction and, therefore, pay the income earned
(through the property) to Z.
Now, if ever there is a conflict between the common law and equity,
which one do you expect would prevail upon the other? By logic, it is
equity that prevails upon the common law. Why should this be so? This
is so because equity is based on fairness, and has been developed, as
mentioned earlier, to remedy the rigidity of the common law. In times of
conflict, therefore, equity takes precedence over the common law.
Having looked into the historical sources of law, i.e., the common law
and equity, let us now move on to study the legal sources of law. But
first, complete the activity given below.
BLEARNING ACTIVITY 1.1

Give the meaning of the term the common law
and explain how it is different from equity.
Note:
a) Space is given below for your answer.
b) Check the answer with your tutor.
1.2 LEGISLATION
What does the term legislation mean?
The legislation of a country means that body of laws enacted by its

lawfully constituted, law making body. In the Commonwealth Caribbean
this law making body is the Parliament. In other words, the authority to
make law is vested in each country's Parliament, usually comprising a
lower house and an upper house. The lower house, called the House of
Representatives or Legislative Assembly is constituted by the elected
representatives of the people. The upper house, called the Senate, is
constituted by persons appointed partly by the ruling party, partly by the
party in opposition, and partly by the President or Governor General, as
the case may be, acting in his or her own discretion. (Note that Guyana
and Dominica do not have upper houses.) You will study this in detail in
Unit 5.
Now, for the present, let us discuss the procedures involved in enacting
a legislation.
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1.2.1 Legislation procedures

A proposal for legislation is often originally announced in public through a
Green Paper. Note that a Green Paper contains ideas about a particular
subject, published by a government. The purpose of a Green Paper is to
allow people to discuss these ideas before the government takes any
decision. Once the comments are gathered on the Green Paper, a
White Paper is produced. A White Paper reports the policy of the
government on the subject under consideration. In other words, a White
Paper shapes the government's policy in the form of a legislation. This is
then put forward in a draft form, called a Bill. A Bill is a document
containing the various provisions on which the members of Parliament
are asked to vote and bring into law. It usually contains explanatory
notes, setting out the rationale for its various provisions.
The legislative process begins with introducing the Bill before the Houses
of Parliament, first in the lower house, and then, subsequently, in the
upper house. After debate, members of both houses cast their votes. If
it receives the requisite majority, the Bill, with amendments if any, which
may have been successfully moved during debate, is then submitted to
the Head of State (President or Governor General), for his or her
Assent. Once the Bill gets the Assent, the Bill becomes law, and is
thereafter referred to as an Act of Parliament. Note that the passing of
a Bill (to become an Act of Parliament) is not so easy as it sounds.
There are quite a number of government procedures to be followed. We
will not, at this stage, go into the details of these. But, we should know
that it is a long drawn process.
Parliaments, however, have other transactions to conduct besides

passing of Bills. It is to save the time of Parliaments that subordinate or
delegated legislations are in place. We shall discuss this next.

When does a Bill become an Act of Parliament?
Note:
.2.2 Subordinate/delegated legislation

To save parliamentary time, the main principles of an Act are usually
presented in numbered sections. The other details are presented as
schedules at the end of the Act. This is to facilitate debate on the
sections. Though it does save the time to a certain extent, there are
other procedures, such as fixing the commencement date to bring the
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Act into effect or getting a technical input, etc., which make a

considerable demand on parliamentary time.
To circumvent these time exhausting procedures, Acts of Parliament

contain provisions which empower the Head of State, Ministers or some
other authority, to make regulations with a view to effecting the purposes
of the main or parent Act. These regulations are referred to as
subordinate or delegated legislation. Let us explain this further.
A parent Act, for example, may provide for the payment of certain
benefits to an employee who is injured on the job, and may permit an
employee to make an application to the court of law when the employer
refuses to pay, or when there is a dispute over the amount to be paid.
Regulations made by a minister or any other authority will then set out in
detail the procedure which is to be followed in order to gain access to the
court and to prosecute the employee's claim. Or, a Road Traffic Act may
make general provisions for the regulation of traffic and leave the
designated authority to flesh out the general purposes of the Act. Thus,
a Traffic Commissioner might, from time to time, identify regulations such
as which streets are to be one way streets, or which intersections are to
be regulated by traffic lights, or on which side of a particular street
parking is to be prohibited, etc. Subordinate or delegated legislation, as
it suggests, is subordinate to Parliament. However, it has as much force
of law as does the parent Act.
One of the drawbacks of subordinate legislation, however, is that it is not

enacted by the constitutionally elected or appointed law making
authority. To that extent, it may be validly objected that such legislation
is not brought into being by a democratic process. This is partly true.
But we should weigh this against the benefits. In other words, what is
lost by way of democratic participation, however, is gained by way of an
efficient use of Parliamentary time. It is not reasonable, for example, to
expect that Parliament be convened to decide whether a particular street
should be one way, or whether exposure to a particular chemical above
a certain concentration at the work-place should be prohibited, or
whether a particular form should be used in making an application for
planning permission, and so on. It is quite justifiable, therefore, to assign
the nitty-gritty of law making to the experts in the field, leaving Parliament
to decide upon broader issues of policy.
However, on occasions, Parliaments do demonstrate their control over

delegated or subordinate legislation. Thus, the parent Act may provide
that in order to be effective, subordinate legislation must be subject to a
negative or a positive resolution of Parliament. That is:
• Where the negative resolution procedure is applicable, the particular

subordinate legislation in question becomes law only after having
been placed in Parliament for a specified period. (In other words, it
does not become a law during that period, being subject to a
negative vote.)
• Subordinate legislation, which must survive the positive resolution
procedure, becomes law only if Parliament votes positively to making
it law.
Very often, nevertheless, absolute legislative-making power may be

vested in the subordinate authority without the need to refer to
Parliament for either a negative or a positive resolution. When such
authority is vested in the President or Minister or other officers, questions
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concerning the separation of powers might arise. We will discuss this

issue later on in Subsection 1.2.3.
Common law and legislation

Like judge-made common law, legislation addresses practically every
area of human endeavour and conduct, from the regulation of
relationships between employers and employees, husbands and wives,
parents and children, shareholders and boards of directors to the
criminalisation of a variety of activities. Legislation also addresses
offences against persons and property, murder and theft, to offences
against the State, such as treason or sedition. In many cases, legislation
addresses situations which may not yet have been covered by the
common law, and in many other cases, legislation may effect changes in
the common law. Where this happens, legislation takes precedence
over the common law such that discovering the law on any particular
subject would involve an examination of both statute law, i.e., legislation,
and the common law.

State the main reason for the provision of
delegated legislation.
Note:
1.2.3 The constitution

The most important legislation of any country in the Commonwealth
Caribbean is the Constitution. The Constitution of a country declares
itself to be the supreme law of the land. Any other law which might be
inconsistent with the Constitution is null and void, to the extent of that
inconsistency. Part of the work which our judges are involved in is to
determine whether laws passed by Parliament have run contrary to any
constitutional provisions, and if so, to strike down such legislation. But
the importance of the Constitutions does not lie merely in its supremacy
over all other laws, but more significantly in its content. Let us explain
this further.
Each Constitution in the Commonwealth Caribbean contains a Bill of

Rights. The Bill of Rights sets out the fundamental rights and freedoms
to be enjoyed by everyone and which neither Parliament nor any other
state authority, including the police, is permitted to violate. Included
among the rights and freedoms are the right to life, liberty and property;
the right to associate freely, and to freely hold and express opinions; the
freedom of press and freedom of religion. In short, the Bill of Rights
establishes the basic principles upon which our democracy is based. It
stands as a bulwark against tyranny and totalitarianism.
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The Constitution is also important because it establishes and regulates

the various social institutions which make up the democratic system.
Thus, the Constitution spells out, among others:
• rules governing entry into the upper and lower houses by way of
either appointment or election;
• the power which Parliaments possesses to make laws, including
laws which might amend the Constitution;
• the procedure which must be followed to enact such laws. (For
example, generally speaking, in order to validly pass a law which is
inconsistent with the Constitution, Parliament is usually required to
obtain a special majority, sometimes two-thirds, other times three-
quarters, of the members of the houses, and in some cases, the
legislation must be approved in a referendum. Where a law is
consistent with the Constitution, and is not passed in accordance
with the prescribed procedure, it is liable to be struck down by the
courts of law.)
Moreover, the Constitution also does the following:
• establishes the Supreme Court.

• identifies the persons who have the authority to appoint judges.
• prescribes the qualifications for such appointments.
• addresses issues such as the remuneration which judges are to
receive, and the procedures to be followed in order to remove a
judge from office, etc.
• deals with the institution of the President or the Governor General,
including the powers of this highest institution in a country. (One of
the important powers exercised by the President or the Governor
General, is the appointment of a Prime Minister after a general
election.) The Head of State’s power extends over a wider range of
subjects, including the exercise of the power of pardon, the
appointment of judges on the advice of a Judicial and Legal Service
Commission, the appointment of the members of that Commission,
and so on.
• establishes a variety of Service Commissions which are vested with
the power of appointment and removal of public officers. The
establishment of these service commissions is designed to ensure
that public servants are insulated from undue pressure and influence
from the governments of the day and can, therefore, serve any
government independently and fearlessly. Should governments
possess the power to hire and fire public servants, the danger is that
a political party may create a service that is loyal to that party. In the
case of the police service, for example, the absence of any insulation
from politicians might result in the development of a private army
answerable only to the executive which first manages to establish
measures of control. The existence of independent, autonomous
commissions is designed to forestall any such eventuality.
1.2.4 Statutory interpretation

Acts of Parliament are usually expressed in general terms, i.e., in a way
that is easily understandable, making their intended application to day-to-
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day situations readily discernible. However, there may be instances

where the precise intention of Parliament may not be clearly expressed.
Or, even where the language is clear, the application of the law to
circumstances may not be clear, as those circumstances might not have
been anticipated when the Act was passed. For example, a Finance Act
may impose a new tax on a particular category of transactions.
However, it may not expressly impose a tax of a specified amount on a
particular transaction for a particular person.
If a dispute arises as to whether, or how, a legislation or Statute (Act of

Parliament) applies to particular acts or events, the courts of law must
interpret the Statute and decide whether or not it applies to a given case.
Nevertheless, since legislation takes precedence over judge-made laws,
judges are duty bound to give full effect to the will of Parliament,
irrespective of whether they agree with the particular rule of law they are
required to enforce. In other words, it is Parliament's right to make law;
and the judges are duty-bound to follow it. But while this proposition is
simple to state, it is difficult to apply where Parliament's intention is not
precisely expressed.
Rules of statutory interpretation

Over time, in order to keep faith with their mandate to uphold the will of
Parliament, judges have developed rules of statutory interpretation to
assist them in their task. The rules of statutory interpretation include:
• Literal Rule: This rule dictates that the language of a statute must be
given its ordinary and natural meaning, irrespective of whether it
sounds absurd or unjust.
• Golden Rule: Faithful adherence to the Literal Rule will most likely
result in judges carrying out their overriding duty to implement the
intention of the law makers. The problem, however, is that at times
the language used, though clearly expressed, is subject to more than
one meaning, or applicable to an unexpected concatenation of
circumstances in more than one way, or produces a result so absurd
and impossible to implement that it is natural to assume that
Parliament could not possibly have intended that result. To deal with
such situations, judges have developed other canons of construction.
One of them is referred to as the Golden Rule. In applying this rule,
it is presumed that Parliament does not intend to produce an absurd
or unjust result. Where there is more than one meaning which can be
ascribed to the words used in the Act, therefore, a judge will discard
that meaning which produces the absurdity or injustice and adopt the
other meaning. (Sometimes, in order to avoid an absurd or
ineffective result, the court will read words into the Statute.)
• Mischief Rule: The application of this rule involves an examination of
the entire Act, in its context, in order to identify the particular mischief
the Act was designed to eliminate, or the general policy which the
Act was directed at achieving. Once this is identified, a judge will
attach to the words used in the Act, that meaning which best
promotes the statutory purpose or best contributes to the elimination
of the mischief. The trick, of course, is for the courts to discover with
some accuracy the mischief intended to be rooted out or the policy
initially intended to be promoted. For this purpose, apart from
examining the Act as a whole, the judges will examine any
background documents which may have informed the drafters of the
legislation, and, in particular, the state of the law as it existed at the
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time the legislation was being considered. The judges will also
consider any other material which might assist in identifying the ways
in removing the perceived deficiency of the law under question.
Some of you may be wondering, why could not the judges simply ask the
legislators what their intention was, or consult the records of the debates
in Parliament when the Act was being considered in order to determine
what Parliament intended?
You are indeed correct. Yes, this may be one of the ways of interpreting
the Statutes when the judges are in doubt. However, you should also
note that in many cases the need for interpretation might arise long after
the actual legislators are available to permit their intentions to be probed.
And even if they are available, there may be a temptation to so express
the legislator's intention as to be consistent with a policy which the
existing government wishes to pursue in the present, but was not in
contemplation when the Act was passed. And even if that temptation
can be resisted, there is no guarantee that each legislator would have
had the identical meaning in mind, particularly where the fact situation to
which the Act is now to be applied was not present in the minds of the
legislators at the time.
But what if the precise intention of the legislators on the question under
consideration is recorded in the debates, then why not simply adopt that
intention? The logic of this proposition has recently found favour with the
judges, and now they have recourse to the record of the debates in
Parliament. But, for this, the following three conditions are to be
satisfied:
(i) the language used in the statute must be ambiguous;

(ii) the record to be relied on must be the record of the speech of the
promoter of the Bill;
(iii) the intention must be expressed clearly in the record.
In case these conditions are not satisfied, the judges have to resort to
the more traditional and less perfect methods of discovering the will of
Parliament, which include the Rules we discussed above.
In interpreting the fundamental human rights and freedoms enshrined in

the Constitution, an entirely different approach is used by judges. In the
Constitution, rights and freedoms are expressed in very broad language,
suggestive of an attempt to express a general philosophy rather than to
lay down detailed rules. Accordingly, the normal rules of construction,
more suited to ordinary pieces of legislation are unsuitable, and are
abandoned. In other words, the fundamental rights and freedoms are to
be interpreted generously and liberally, thereby avoiding the austerity of
tabulated legislation.
Point to note
By dealing with the subject of statutory interpretation at this stage, we do
not intend to suggest that the interpretations which judges give to Acts of
Parliament are a separate source of law. They clearly are not. But by
the same token, in one's quest to discover what the law is on any
particular subject, or in relation to any particular circumstance, it will be
insufficient in any case simply to examine the printed text of a Statute
without having any regard to the way in which the courts have interpreted
it. After all, it is the judiciary which is charged with the responsibility of
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interpreting and applying the law. The expression of Parliament's will in

the text of the Act, and the way in which Parliament’s intention has been
interpreted by the judges go hand in hand, and hence our discussion of
statutory interpretation.

List the rules of statutory interpretation.
Note:
Let us look at the third source of law next – that is, international treaties.
1.3 INTERNATIONAL TREATIES
Governments of the countries of the Commonwealth Caribbean are

signatories to a number of international treaties. Among the most
important treaties for the present purpose, are the:
(i) International Covenant on Civil and Political Rights;

(ii) American Declaration of the Rights and Duties of Man;
(iii) Convention on the Elimination of all Forms of Discrimination
Against Women.
The first two treaties mentioned above declare the existence of the
fundamental rights and freedoms, most of which are already
incorporated into the Constitutions. As its title suggests, the third treaty
declares the principles of equality between the sexes and its signatories
are mandated to take all necessary steps, not limited to the enactment of
law, to ensure the eradication of all remaining vestiges of inequality
between men and women.
Now, let us look at what a treaty is. A treaty is, in essence, an

agreement between/among the State parties who are signatories that
they will aspire towards the broad principles and objectives of the
instrument. But it is Parliament, and not the members of the executive
who sign a treaty, which is vested with exclusive law making authority by
the Constitutions of the countries of the Commonwealth Caribbean. It
follows that a treaty does not become law in the country to which the
individual signatories belong merely by the fact that it is signed by a
member of the executive, even where the executive, as is often the case,
exercises great influence over the proceedings in Parliament. A citizen
cannot therefore seek to enforce treaty rights in domestic courts of law,
nor is he or she subject to any of the obligations contained in a treaty.
For the rights and obligations declared by a treaty to have the force of
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law domestically, it must be incorporated in the law by an Act of

Parliament.
Nevertheless, treaties are not void of all influence on the domestic law of
State parties. Note the following in this context:
• In construing Acts of Parliament which are ambiguous and might

bear one of two meanings, a judge will adopt that interpretation
which is more consistent with a treaty obligation and eschew that
interpretation which is not. In so doing, the courts act on the
presumption that, in the absence of clear words to that effect,
Parliament would not intend to violate its treaty obligations so
solemnly entered into. Interpretation by reference to treaty
obligations and the ways in which international human rights bodies
have interpreted these obligations, is of particular importance in the
interpretation of the fundamental rights and freedoms guaranteed by
our Constitutions.
• In developing common law principles, judges will have regard to
treaty obligations, once again to ensure that the law is not developed
in a manner inconsistent with promises made to the community of
nations.
Apart from promising to adhere to the general principles and objectives

of the treaties, many countries in the Commonwealth Caribbean have
also signed instruments which give citizens access to the Human Rights
Commissions and Courts which administer the treaties, although there is
now a growing tendency to withdraw from these procedures.
Accordingly, citizens may complain to these bodies that rights provided
for in the treaties have been violated by the local law-making or law-
enforcement authorities. The procedures are used primarily by death
row prisoners in the hope of obtaining a favourable determination by the
relevant international commission or court, with a view to persuading the
domestic authorities to exercise the power of pardon in their favour.
However, any recommendation or ruling made by the international
bodies is not binding in domestic law. Nevertheless, it would be a
violation of the fundamental right to life to execute a prisoner while his or
her application to an international body is pending. To that extent, only
access to the international bodies is now incorporated into domestic law.
SUMMARY
In this unit, we discussed the following three major sources of law:
(i) Common law or judge-made law;
(ii) Legislation (i.e., laws that emanate from Parliament);
(iii) International treaties (i.e., State agreements).
( RECOMMENDED READING
Antoine, Rose-Marie Belle. Commonwealth Caribbean Law and Legal
Systems. Chapters 5, 6, 7, 10, 11 and 12. Cavendish, 1999.
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Unit 2
Administration of Justice
STRUCTURE
Overview
Learning Objectives
2.1 Hierarchy Of Courts
2.1.1 Privy council
2.1.2 Court of appeal
2.1.3 High court
2.1.4 Courts of limited jurisdiction
2.1.5 The doctrine of judicial precedent
2.2 Privy Council And The Commonwealth Caribbean
2.3 The Caribbean Court Of Justice
2.3.1 Arguments
2.3.2 Vision
Summary
OVERVIEW
This unit introduces you to the hierarchy of the courts in the Caribbean.
We will discuss the Privy Council, Courts of Appeal, the High Court and
Lower Courts, and also explain the doctrine of judicial precedent. We
will examine the relationship between the Privy Council and the legal
system in the Commonwealth Caribbean. Since it is currently topical, we
will also analyse the issue of the Caribbean Court of Justice, in this unit.
LEARNING OBJECTIVES
• discuss the hierarchy of courts;

• examine the relationship between the Privy Council and the legal
system in the Commonwealth Caribbean;
• analyse the issue of the Caribbean Court of Justice.
2.1 HIERARCHY OF COURTS
The law in force in any country of the Commonwealth Caribbean is

administered by the Courts, or Tribunals, established under the
Constitution, or by specific legislation enacted for the purpose. We shall
study these in this section.
Unit 2: Administration of Justice
2.1.1 Privy Council

The highest legal system of all Commonwealth Caribbean countries, with
the exception of Barbados and Guyana, is the Judicial Committee of the
Privy Council. The Judicial Committee of the Privy Council is a vestige
of our colonial past. In other words, that was the Court to which appeals
were made from local colonial courts. Upon independence, and with the
agreement of the British government, each of our Constitutions retained
appeals to the Privy Council. Guyana, however, abolished all appeals to
the Privy Council in 1970. Since 2005, both Barbados and Guyana have
used the Caribbean Court of Justice (CCJ) as their final Court of Appeal
in lieu of the Privy Council.
The Privy Council is located in the United Kingdom and is manned by

judges who are members of the House of Lords, the highest court in
England, and on occasion by members of the Courts of Appeal of the
Commonwealth Caribbean. (See Subsection 2.1.2 and Section 2.3, for
details.). The Caribbean Court of Justice is located in Trinidad and
Tobago.
The jurisdiction of the Privy Council is limited by the Constitutions to

certain specified appeals. While the Constitutions may differ in detail,
generally speaking, there is a right of appeal to the Privy Council on all
matters genuinely raising questions concerning:
• the violation of the fundamental rights and freedoms of citizens;

• the interpretation of the provisions of the Constitution;
• all civil matters involving money sums in excess of specified
amounts.
Otherwise, an appeal may be made to the Privy Council with the leave of
the Court of Appeal in matters of great public or general importance.
The Privy Council also reserves the jurisdiction on special petition before
it, to entertain appeals in criminal matters including, in particular, appeals
by persons sentenced to death.
2.1.2 Court of appeal

The Court of Appeal is the court in the tier of the hierarchy of courts
immediately above the High Court (see Subsection 2.1.3). Its jurisdiction
is limited by Statute to the hearing and determination of such appeals
from the High Court, and other inferior courts and tribunals (see
Subsection 2.1.4), as the relevant Statutes may declare. There is no
general right of appeal to the Court of Appeal. Access to the Court of
Appeal is entirely dependent upon the grant of such a right by an Act of
Parliament. In general terms, the Court of Appeal is concerned primarily
with overseeing the determination of those issues of law which may have
arisen in the lower courts. Usually, a panel of the Court of Appeal
comprises three judges, although two judges are generally authorised to
hear appeals from the Magistrate's Courts (see Subsection 2.1.4.).
2.1.3 High court

At the centre of each legal system is the High Court of Justice or the
Supreme Court, headed by single judges appointed in accordance with
the provisions of the Constitution.
14
The High Court is a court of unlimited jurisdiction. That is to say, it has

the authority to deal with disputes of every kind and whatever its source,
unless by Statute its jurisdiction is limited in respect of a particular
matter. The High Court is considered special primarily because it is the
court which, first and foremost, is responsible for declaring and enforcing
the law. It is the guardian of the Constitution, a role which it jealously
regards, or at least is supposed to. In other words, it is charged with the
awesome responsibility of ensuring that the Constitution is duly
respected, and that all laws comply with it.
Generally speaking, for example, only the more serious crimes which are
declared by Statute to be triable on indictment, may be tried before a
High Court judge and a jury. The High Court, however, has no
jurisdiction over:
• crimes which are required to be tried summarily (that is, before a

magistrate);
• cases of offences, triable either summarily or on indictment, which
the prosecution and the defendant have agreed should be so tried;
• the Industrial Relations Act, for example, of Trinidad and Tobago. All
trade disputes between employers and recognised
majority unions must be heard and determined by the Industrial
Court established by the Act.
2.1.4 Courts of limited jurisdiction

There are a number of courts and tribunals of limited jurisdiction. By this
is meant that the specific court or tribunal may only hear and determine
those specific matters which the Statute identifies, and over which it
gives its authority. Limited jurisdiction courts and tribunals include:
• Industrial Courts (as in Trinidad and Tobago and Antigua): Their

jurisdiction is limited to the hearing and determination of industrial
disputes between employers and employees, and their trade unions,
over a variety of matters, such as the conclusion and enforcement of
collective agreements and disputes over disciplinary action taken.
• Rent Tribunals: They are set up to resolve disputes between
landlords and tenants.
• Public Service Disciplinary Tribunals: The sole purpose of these
tribunals is to examine and determine the facts in relation to
disciplinary charges laid against public servants.
Lower or magistrate's courts

By far, the most important inferior court of limited jurisdiction is the
Magistrate's Courts. It is considered the most important, primarily
because of the volume of matters which it determines and the wide
cross-section of the population who come into contact with the justice
administered there. The Magistrate's Court is truly the people's court.
For the most part, the jurisdiction of the Magistrate's Court is limited to all
criminal offences, except those which must be tried before a judge and
jury, that is, offences triable on indictment. And even in relation to such
offences, magistrates are required to conduct preliminary enquiries to
determine where the State has been able to amass sufficient evidence to
justify a trial. Magistrates hear and determine a whole host of criminal
15
offences, from robbery and other related offences to common assault

and obscenity and traffic offences. In addition, magistrates have limited
jurisdiction over family matters, especially maintenance and custody of
children. They also administer the remedies under Domestic Violence
Legislations, and those relating to civil matters, for example, claims for
breach of contract, the value of which do not exceed a specified amount
of money.
It goes without saying that all tribunals of limited jurisdiction must

exercise that jurisdiction in accordance with the law. As such, there is
invariably a provision in the law for the making of appeals to the Court of
Appeal. In many cases, as well, a recourse may be to approach the
High Court on a procedure referred to as a judicial review. This is a
procedure by which the High Court exercises supervising jurisdiction
over the Lower Courts to ensure that they act within their statutory
mandate, and otherwise in accordance with the principles of natural
justice. That is, the High Court accords persons affected by the orders of
the Lower Courts an adequate right to be heard, and that justice is
dispensed that is not tainted by bias.
2.1.5 The doctrine of judicial precedent

As the hierarchical structure of the administration of justice suggests,
Lower Courts are bound by the decisions of Higher Courts on points of
law. Thus, magistrates and other inferior tribunals must follow the
pronouncements of law by High Court judges, the Court of Appeal and
the Privy Council. Similarly, a High Court judge may not depart from a
decision of the Court of Appeal or the Privy Council. And likewise, the
Court of Appeal must abide by the decisions of the Privy Council (or the
Caribbean Court of Justice in those countries that have replaced the
jurisdiction of the Privy Council with the CCJ). In law, the Privy Council
is always right, even though in reality that is so only because there is no
other court (over and above the Privy Council) to which an appeal can be
lodged. (As we are currently dealing with the judicial system in the
Commonwealth Caribbean, we have not made references extensively to
the Supreme Court. In the other regions of the world, the Supreme Court
is the highest in the judicial system.)
Judges of the High Court are not bound by judgments of their

counterparts but, as might be expected, they will treat the judgments of
their fellow judges with respect and will only depart from them for good
reasons. The Court of Appeal, on the other hand, is bound by its own
decisions in civil matters. In criminal matters, the position is different:
the Court will depart from its own previous decisions which it considers to
have been wrongly decided. The Court reserves the right to change its
mind in criminal matters because the liberty of the citizen is involved and
it would not be justifiable to authorise the deprivation of liberty or life in
obedience to a previous decision which is now considered to be wrong in
law.
As a general rule, the Privy Council will also follow its own previous
decisions but, nevertheless, reserves the right to change its mind, but it
will do so only rarely. One of the more spectacular occasions on which it
did so was in the celebrated case of Pratt and Morgan v. A.G. where, in
1993, a seven-member panel assembled for the purpose of reversing a
decision made in 1983 in Riley v. A.G., and established that it would be
unconstitutional to carry out the sentence of death after a long delay
16
since conviction.
Point to note
The doctrine of judicial precedent, or stare decisis as it is called, is

essential for the preservation of the integrity of the administration of
justice. Obedience to, and consistency in, the rulings of higher courts
conduces to certainty in the legal system. Citizens can only plan their
lives and conduct their affairs if the law is really accessible and not
subject to arbitrary and whimsical changes. Nevertheless, it is also
inimical to the good repute of the judicial system to allow rulings to stand
unchanged when the current thinking may be that they are outdated or
decided on the basis of incorrect premises or simply wrong in law,
particularly where the rights and freedoms of individuals are concerned.

Write a note on the hierarchy of courts in the
Caribbean.
Note:
2.2 PRIVY COUNCIL AND THE COMMONWEALTH

CARIBBEAN
Thus far in this unit, we have focussed on the decisions of courts in the
hierarchy of courts in the legal system established by a particular
Constitution. Countries in the Commonwealth Caribbean are unique in
that they share their highest court with each other and with other
members of the Commonwealth. But, is a decision of the Privy Council
on appeal from one country binding on the courts of another?
17
It is important that you note the following:
• Technically speaking, when the Privy Council is sitting as the final

court of appeal from one country, it is not sitting as the final court of
another and, therefore, any decision it makes has no binding effect
other than in relation to the country directly affected. However,
common sense would dictate that the Privy Council is unlikely to
depart from its own decisions, given that the issues are the same.
For example, where it is called upon to interpret statutory provisions
whose wording is identical or where it declares the common law.
Local lower courts would not, therefore, like to depart from the
decisions of the Privy Council emanating from other countries.
• What is, however, not so obvious is the position in respect of

decisions of the House of Lords. Even though the judges who sit in
the House are the same persons who sit on the Privy Council, we
are concerned here with Courts at the apex of an entirely different
legal system. Yet still, in all practicality, it is unreasonable, if not
impossible, to expect that a judge's view of the law will change
simply because of the different hat he or she might be wearing on a
particular occasion. A decision of the House of Lords on a particular
point is, therefore, unlikely to be departed from by the Privy Council.
The decisions of the House of Lords are, therefore, for all intents and
purposes, binding on courts of appeal and other lower courts in the
region, although the official terminology is that they are highly
persuasive only. The Privy Council and, therefore, lower courts, are
only permitted to depart from decisions of the House of Lords where
local conditions are such that a different result suggests itself.
• Courts in the region must also contend with the decisions of courts in
the numbers of other jurisdictions which share a common law
background. Jurisprudence of the highest quality is produced in
South Africa, Namibia, Canada, New Zealand and Australia, to name
a few, and information technology is such that they are now all easily
accessible. These decisions are not binding on our courts, but they
are treated with respect and are considered of persuasive authority.
As might be expected though, it is unlikely that local courts will
depart from a strong line of authority established in other countries
unless, again, local conditions, culture or philosophy mandate
otherwise.
• The decisions of the English Court of Appeal and lower courts

require separate treatment. These decisions have the same status
as decisions of the courts of other countries. However, they require
separate treatment because they emanate from the same country,
the decisions of whose highest court are all but binding locally. Local
judges have, therefore, found themselves, more often than not, in the
unenviable position of striving to forge a different path from English
judges of appeal and high court judges. But, nevertheless, they are
being forced to take cognisance of the reality that the views of
English lower court judges, especially those which have withstood
the test of time, might eventually be upheld by the House of Lords.
This, along with the fact that the Privy Council is our final court of
appeal, and that the decisions of the House of Appeal are virtually
binding on us, has kept us perpetually wedded to, and in some
cases, the slaves of English jurisprudence, that is to say, assuming
that our judges have been minded to depart from English rulings.
18
The points you should consider here are twofold:
(i) The present structure of our legal system makes it difficult, if not
impossible, for an indigenous Caribbean jurisprudence to flower
and bear fruit. In Australia, New Zealand and Canada, who have
severed ties with the Privy Council in whole or in part, there are
some instances, though not plentiful, where, for better or worse,
common law rules have been developed which are different from
the comparable English rules. In New Zealand and Canada, for
example, an employee who is wrongfully dismissed is permitted to
recover damages for any injury to feelings and reputation which
the wrongful termination may have caused. Not so in the United
Kingdom.
(ii) There is little evidence that a unique Caribbean jurisprudence is in

germination, waiting to burst forth. The only evidence of this is in
relation to fundamental rights and freedoms where a uniquely ultra-
conservative approach to human rights jurisprudence appears to
be endemic. For the large part, however, the general complaint
has been of a judiciary too timid to begin to examine alternative
ways of ensuring justice for the people they serve.
2.3 CARIBBEAN COURT OF JUSTICE
Calls for the abolition of the Privy Council have been made from the very
first moment of Caribbean independence and have continued with
varying degrees of intensity from time to time over the last few decades.
Unfortunately, the more recent campaign to replace the Privy Council
with a Caribbean Court of Justice seems to have emanated from the
perceived obstacles, which the Privy Council has put in the way of
carrying out the death penalty. To elaborate, the Privy Council's ruling in
Pratt and Morgan slowed efforts to speed up the process of hanging.
This caused the Caribbean governments to first take measures to make
the administration of justice much more efficient, and thereby, reduce the
time period between conviction and execution.
The target period set by the Privy Council for the exhaustion of local
appeals was two years, with an additional three-year period for the
exhaustion of applications to international human rights bodies. More
recently, the Privy Council held that it would violate a condemned
prisoner’s constitutional rights, to hang him while his petition was still
pending before the Inter-American Commission or Court.
It is rather ironical that it was the Pratt and Morgan ruling which spurred
recent efforts to abolish appeals to the Privy Council. But, as the events
demonstrated, its interpretation of the Caribbean Constitutions did not
stop the executions, but had only beneficial effects on the administration
of justice (in the one case, by speeding up justice and making the system
much more efficient, and, in the second case, by promoting respect for
our international human rights obligations by requiring the exhaustion of
international human rights remedies before an execution can take place).
19
2.3.1 Arguments
The recent campaign to establish a Caribbean Court of Justice, born out
of the dissatisfaction with the decisions of the Privy Council on death
penalty, can be viewed as unfortunate for two major related reasons:
(i) The impression given is that the Caribbean politicians believe that
a localised final Court of Appeal might more readily accommodate
the policy of Caribbean governments on the death penalty. While
this may in fact turn out to be so, for reasons having nothing to do
with the degree of influence which politicians may exercise over
the Court, the impression is certainly clear that the Caribbean
politicians expect to exercise such influence. Such a scenario
does not augur well for the acceptance of an independent final
Court of Appeal.
(ii) It is quite disconcerting that the response of the Caribbean

governments to the rulings of a court is to abolish the court
altogether, rather than to pass legislation, which it is their right and
duty to do, to reverse the particular ruling. In Zimbabwe, for
example, in response to their equivalent of the Pratt and Morgan
decision, the legislature amended the Zimbabwean Constitution to
make it lawful to carry out an execution even after a long delay.
Think about it. It is quite likely that you hold a different opinion!
The argument is that it is not necessary, and indeed quite unproductive,

to point to any decision of the Privy Council which might not sit
comfortably with the Caribbean population as justification for establishing
a local final court of appeal. For it is possible to point to many decisions
of the Privy Council overturning decisions of local Court of Appeal, for
which we are quite thankful today. For example, the decision of the Privy
Council in the Abu Bakr case (see Section 3.2, for details) in Trinidad
and Tobago that the insurgents were not entitled to damages for their
long period of incarceration, contrary to the position taken by local
courts. The decision in Tim Hector v. A.G. in Antigua regarding press
freedom and the right to criticise politicians, again contrary to the ruling
of the Eastern Caribbean Court of Appeal, is another.
In reality, the only argument which need be put forward for the
establishment of our final Court of Appeal is that it is a fundamental
contradiction for independent, sovereign nations to be referring the
resolution of its legal disputes to a foreign court. The decision of a final
Court of Appeal in any dispute before it involves, in a great many cases,
and particularly in relation to disputes under the Constitution, a choice
between one policy direction and another. For instance, the decision of
the Privy Council in Pratt and Morgan that execution after a long delay
constituted cruel and unusual treatment or punishment is a policy
decision. So too was the decision in Rees v. Crane that a judge is
entitled to be heard before a charge of misconduct is formally made
against him or her. Decisions on questions of policy, and hence the
direction that Caribbean societies should take, are quintessential
questions for a final Court of Appeal based in the region and constituted
of nationals appointed locally.
Other arguments put forward either for or against the abolition of appeals
to the Privy Council and the establishment of a Caribbean Court of
Appeal may not be as convincing. For example:
20
• The argument that appeals to the Privy Council should be abolished

because English judges are not sufficiently aware of local conditions
and culture does not hold water, since there are few occasions
where local conditions and culture make much difference to the
resolution of purely legal questions. Further, in any event, the Privy
Council has customarily deferred to local courts in cases where local
conditions and cultures are relevant to the resolution of a dispute.
• The argument that litigants could do without the extra expense

associated with briefing English lawyers, and travelling to, and
finding accommodation in, a foreign country is probably counter-
balanced at a macroeconomic level by the fact that the services of
the Privy Council, considered to be of the highest quality, is provided
to the Caribbean countries free of charge.
Equally unacceptable are the following arguments:
• The Privy Council should be retained as our final Court of Appeal

precisely because we get a top quality service for free. Is this a
convincing argument? Any independent nation must prepare to pay
whatever price is necessary to repatriate its jurisprudence.
• We might not be able to find persons of sufficiently high calibre in

order to duplicate in the Caribbean Court of Appeal the services
provided by the Privy Council. To engage in any discussion which
involves proving either that we do have quality lawyers worthy of
such high office or that we do not, either betrays a lack of self-
confidence or reveals a sense of inferiority. It is not relevant whether
a Caribbean Court of Justice will be on par with the Privy Council.
We must of course strike for the highest standards, but the price of
independence may be a low quality judiciary, if that happens to be all
we can muster.
• That the major benefit of a foreign final court of appeal is the near
perfect independence of the judges from influence by local politicians
and the well-to-do. There is no reason why mechanisms could not
be put in place locally to guarantee the independence of a Caribbean
Court of Justice.
• That Caribbean jurists have traditionally adopted an almost arch-

conservative approach to the fundamental rights and freedoms
guaranteed by the Caribbean Constitutions, even sometimes against
international trends. If that is what we can expect from a Caribbean
Court of Appeal, then there is great cause for concern. But by the
same token, the price of independence may be a conservative
judiciary.
2.3.2 Vision
The concerns expressed about the replacement of the Privy Council by a
Caribbean Court of Justice must be taken seriously. If we are to ensure
that our final court of appeal is equipped to provide us with a high quality
of service, we must be prepared to pay the price necessary both to
maintain a pool of quality candidates from which to choose and to attract
the very best. This means devoting sufficient resources to improving or
maintaining high educational standards. It also means offering terms
and conditions for judges sufficiently attractive to entice practitioners
21
away from lucrative careers at the private bar.
Regard must also be paid to the fact that, given existing socio-economic
structures in the Caribbean, it is more than likely that those who will
ultimately aspire to, and be eligible for, the highest judicial office will have
come from the more affluent classes and will, therefore, more than likely
share a philosophy of life influenced by their class positions. In addition,
given the small Caribbean populations and the resulting smallness in the
size of the ruling classes, it is more than likely that the judges, politicians
and business leaders will share common backgrounds and experiences,
will move in the same circles, and may even have had personal
relationships. Bearing this in mind, and the threat it may pose to the
independence of the Caribbean Court of Justice, great efforts must be
made to ensure that the mechanisms are put in place for the
appointment and removal of the judges, for the determination and
maintenance of their terms and conditions of service and for the financial
independence of the Court as an institution. Mechanisms must also be
put in place for the continuation of the education of judges and their
exposure to differing points of view, which must be geared towards
creating an environment conducive to the development of an
independent, open-minded and democratic judiciary.
The judges of the Caribbean Court of Justice are appointed by a

Regional Judicial and Legal Service Commission. Members of the
Regional Judicial and Legal Services Commission, for their part, shall
consist of two persons nominated jointly by the Organization of the
Commonwealth Caribbean Bar Association and the Organization of the
Eastern Caribbean States Bar Association; one Chairman of the Judicial
and Legal Services of one of the Contracting Parties to the Agreement
selected in rotation in alphabetical order every three years; the Chairman
of a Public Service Commission of a Contracting Party selected in
rotation in reverse alphabetical order every three years; two persons
from civil society nominated jointly by the Secretary-General of
CARICOM and the Director-General of the OECS for a period of three
years following consultations with regional NGOs; two distinguished
jurists nominated jointly by the Dean of the Faculty of Law of any of the
Contracting Parties and the Chairman of the Council of Legal Education;
and two persons nominated jointly by the Bar or Law Associations of the
Contracting Parties.
The Court will function in two jurisdictions - an original jurisdiction and an

appellate jurisdiction. The CCJ in its appellate jurisdiction will apply the
laws of the Member States from which they are hearing appeals. In the
exercise of its original jurisdiction, the CCJ will be performing the role of
an international Court, applying rules of international law in interpreting
and applying the revised Treaty of Chaguaramas.
In terms of staffing, the Regional Judicial and Legal Services

Commission is established and has responsibility for the appointment of
Judges and other Court employees. The Court will comprise a president
who will be chairman of the Commission and at least nine judges and will
also determine wages, salaries and conditions of work.
A trust Fund has been set up to finance the Court and is intended to
insulate it from political interference and will be managed by a board of
trustees. The Agreement Establishing the Fund has entered into force
with its signature by Members at the Twenty-Fourth Heads of
Government Conference held in Montego Bay, Jamaica.
22
The seat of the Court is in Trinidad and Tobago but as the circumstances
warrant, the Court may sit in the territory of any other Contracting Party.

List your arguments, for or against, the
continuance of the Privy Council in the
Caribbean.
Note:
SUMMARY
In this unit, we discussed the:
• hierarchical structure of courts.

• relationship between the Privy Council and the legal system in the
Commonwealth Caribbean.
• issue relating to the establishment of the Caribbean Court of Appeal.
Systems. Chapters 13, 14 and 15. (Cavendish 1999).
Rawlins, Hugh. The Privy Council and A Caribbean Final Court of

Appeal (1996) 6 Carib L. R. 235.
MA. de la Bastide C. J. The Case for a Caibbean Court of Appeal (1995)

5 Carib L. R. 401.
Pollard, Duke. The Caribbean Court of Justice (The Caribbean Law

Publishing Company, Kingston, 2004).
23
Unit 3: Constitutional and Subsidiary Fundamentals
Unit 3
Constitutional and Subsidiary Fundamentals
STRUCTURE
Overview
Learning Objectives
3.1 Constitutional Fundamentals
3.1.1 State and the law
3.1.2 Supremacy of the law
3.1.3 Equality before the law
3.1.4 Rule and content of laws
3.2 Subsidiary Principles
3.3 Impartial And Independent Judiciary
3.3.1 Judiciary impartiality
3.3.2 Judiciary independence
3.4 Separation Of Powers
Summary
OVERVIEW
In this unit, we will examine a few Constitutional fundamentals and
subsidiary principles of law. The basic tenet of these fundamentals and
principles is that citizens are protected from the State and that the State
is governed by the law of the land. We will also discuss judiciary
impartiality and independence, and explain the doctrine of the separation
of powers.
LEARNING OBJECTIVES
• discuss constitutional fundamentals and subsidiary principles;

• give an account of judiciary impartiality and independence;
• explain the principle that underlies the doctrine of the separation of
powers.
3.1 CONSTITUTIONAL FUNDAMENTALS
One of the most fundamental principles of our legal systems is the rule of
law. This may sound trite because we take it so much for granted, but
we simply mean that we are nations ruled by law, not people. Or, to put
it differently, every person is subject to the law. At its core, the rule of
law tells us that there is conduct which we as citizens must not engage
in, and at the same time it protects us from State authorities by
demanding that the State be governed by the law as well. From these
31
simple propositions, we derive a number of further fundamental

principles, a discussion of which is the focus of this unit. We shall begin
with a discussion of the Constitutional fundamentals: the state and the
law; supremacy of the law; equality before the law and the rule and
content of the laws.
3.1.1 State and the law

State authorities do not enjoy any inherent power to interfere with the
rights and freedoms of citizens. Any power which they do exercise, any
restraint on liberty which they do impose, must be rooted in some rule of
law authorising them to so act. The practical importance of this
proposition is that whenever the liberty of a citizen is restrained, it is
sufficient for him or her simply to complain of the loss of liberty. The
burden then shifts to the relevant State authority to justify its action by
pointing to a rule of law by which it is authorised to act as it did. If the
State fails to do so, or fails to show that in the circumstances of the case
the rule of law relied on was applicable, the person whose liberty was
restrained would be entitled to a remedy. This is to be contrasted with
other countries in which the burdens are reversed, where the
presumption is that in restraining liberty the State acted with authority,
unless a rule of law could be identified which restrained State power.
The State is presumed to be free to act as it pleases, unless some rule of
law says otherwise. This is exactly the difference between rule by law
and rule by a tyrant. The basic principle is that the State cannot act
unless authorised by law.
3.1.2 Supremacy of the law

In a society ruled by law, no one is above the law. Examples abound
that high office is incapable of putting anyone beyond the reach of the
law:
• Reports indicate that the President of the United States has

discovered this on numerous occasions.
• The Chief Justice of Trinidad and Tobago had to account to the very
court which he led for the suspension of a fellow judge, in
circumstances where the constitutional power to suspend did not rest
in him, but exclusively in the President.
• A Governor General's claim to be immune from sanction by the Court

was not accepted.
• A decision by the Barbados Cabinet is subject to review by the

courts.
By the same token, even those among us who threaten our very way of
life or the constitutional order are entitled to the protection of the law.
Thus, Abu Bakr (who led the 1990 anti-government revolt in Trinidad and
Tobago) and his followers were held to be entitled, at the earliest
opportunity, to approach the High Court in order to allege that their
continued incarceration was unconstitutional in that they were being
detained for murders and trespass in respect of which they received
constitutional pardons. In fact, the High Court of Trinidad and Tobago
upheld their claim and set them free, even though the murders and
treason they committed took place in full view of the entire population.
32
Similarly, persons who have been convicted of murder and sentenced to

death are entitled to appeal to have their sentences of death commuted
to life imprisonment after being subjected to long delays between
conviction and execution amounting to cruel and unusual treatment or
punishment. As C. J. Gubbay put it in the Zimbabwe Supreme Court:
...it has been necessary to remain uninfluenced by the

fact that the demand for humane and civilised treatment
is made on behalf of those who showed no mercy to
their victims but subjected them to extreme cruelty and
brutality.... Justice must be done dispassionately and in
accordance with Constitutional mandates. The question
is not whether this court condones the evils committed
by the four condemned prisoners, for certainly it does
not. It is whether the acute mental suffering and
brooding horror of being hanged which has haunted
them in their condemned cells over the long lapse of
time since the passing of sentence of death, is
consistent with the guarantee against inhumane, or
degrading punishment or treatment.
3.1.3 Equality before the law

The notion that both the exalted and the profane are subject and entitled
to the same protection is part and parcel of the further principle of
equality before the law. All persons, no matter what their status in life,
no matter what their economic or educational background, no matter
what their race, religion or political affiliation, are entitled to equal
treatment before the law. The rule of law demands no less. What this
eschews is a system where there is one law applicable to one class of
persons and another law for another class, one for the rich and one for
the poor, one for businessmen and another for trade unionists. All
persons are equal in the eyes of the law, and are entitled to the same
rights and subject to the same penalties.
The formal equality which the law bestows on all people is fairly criticised
for:
• camouflaging economic and social realities;

• legitimising a social order characterised by endemic privilege and
inequality.
In other words, it does not seem to take into account disparities in

wealth, etc. The fact, however, is that the economic systems in the
Commonwealth Caribbean, like in many other regions of the world, both
foster and thrive upon vast disparities in wealth, educational
opportunities, social mobility, etc. These inequalities frequently manifest
themselves in the courts. Indigent (poor) persons, for example, are
hardly able to afford a legal representative, far less the best. They will
be particularly disadvantaged if their opponent is from the wealthier
classes.
In essence, equality before the law must necessarily encompass equal

access to the law, something which is difficult to achieve when society's
wealth is unevenly distributed. Attempts at balancing the scales by the
provision of legal aid can only work if the State is prepared to properly
finance the legal aid system so as to attract a sufficient quantity of quality
33
lawyers willing to represent the less advantaged among us. As yet, fees
paid to Attorneys who do legal aid across the Caribbean, where there are
legal aid systems, are derisory and are unlikely to achieve the desired
purposes.
The rule of law doctrine necessarily requires the equal application of law
in a societal context which is hostile to equality. The argument,
therefore, is that the rule of law must require some minimum standard of
living, and in societies where legal fees are
beyond the majority of the population to afford, significant support should
be extended.
3.1.4 Rule and content of laws

It will be readily appreciated that the rule of law doctrine tells us very little
of the content of the laws which everyone is required to obey. The rule
of law, for example, can operate just as comfortably in apartheid South
Africa, as it does in the democracies of the Caribbean. No distinction is
made between just laws and unjust laws in strict rule of law doctrine. An
unjust law must be obeyed just as much as a just law is expected to be.
Nevertheless, in democratic societies, which profess adherence to the
rule of law, protest against what people believe to be unjust laws is
encouraged, and is considered a healthy aspect of the freedom of
expression and thought. And though the strong arm of the law may be
brought to bear upon persons who disobey unjust laws, civil
disobedience is a part of our democratic way of life. Indeed many of our
heroes, both local and international, are revered precisely because of the
stands they have taken against unjust laws. Mahatma Ghandi, Martin
Luther King and Nelson Mandela come immediately to mind. Without the
spirit of protest and at times disobedience, necessary social change may
not come to pass. The Black Power Movement in the early 1970s, for
example, was a catalyst for some change. Tension is sometimes a
natural outgrowth of the rule of law.

Give a brief account of constitutional
fundamentals.
Note:
34
3.2 SUBSIDIARY PRINCIPLES
Certain other subsidiary principles flow naturally from the proposition that
every one must obey the law. Let us list these principles here:
(i) The law must be clear and certain: A person could hardly be
expected to obey a law where the conduct it proscribes is not
discernible from the language used. Laws, which create offences
cast in unclear language, as also those which are too broad to
permit of reasonable analysis, have accordingly been struck down.
(ii) Police power must be clearly defined: To a large extent, the

rights which citizens are free to exercise are circumscribed by the
powers which police officers are permitted by law to wield. These
rights and/or limitations on fundamental rights must be clearly
defined. Otherwise, persons with coercive powers will arrogate
onto themselves powers which they do not in fact have and could
not reasonably claim. And so, power should be unambiguously
described in law.
(iii) The law must be publicised: To be in a position to obey the law,

a person must know what the law is. Otherwise, the popular
maxim, ignorance of the law is no excuse, could be subject to
abuse, and could not, with justification, be allowed to operate in
circumstances where even with due diligence, the content of the
laws could not be discovered.
(iv) Retroactive laws are eschewed: It would be unjust to hold a

person criminally responsible for conduct which, as far as he could
discover, was lawful when he committed it. To make conduct
retroactively criminal is contrary to the rule of law.
(v) Penal laws are strictly construed: For similar reasons (see (iv)
above), laws which make certain conduct criminal and provide for
the punishment of offenders are interpreted by the courts in a strict
manner so as not to extend the reach of the penal provision
beyond that which the words used strictly allow.
(vi) The right to a fair trial: The rule of law will not be advanced if at
the trial of a person charged with the violation of the law, only the
views of the prosecution are heard or taken into account, or if the
presiding judge is biased against the accused. Where this occurs,
obedience to the law is not vindicated; rather, it is only the
personal vendetta of the prosecutor or the judge that holds sway.
The rule of law requires that a person charged with an offence be
accorded a fair trial, which includes an impartial tribunal, as well as
the right to put forward a defence. It is only where both sides are
heard by an open-minded judge that the truth has a reasonable
chance of being discovered.
35

List the six subsidiary principles of law.
Note:
3.3 IMPARTIAL AND INDEPENDENT JUDICIARY
The mandate that everyone, including state authorities, be subject to the

law also necessitates the existence of appropriate judicial remedies to
vindicate the law and to redress the violation of rights. It is futile to
assert the existence of a right, if there is no remedy available to redress
a violation which has occurred, and to restrain the commission of further
violations. The existence of robust, courageous and independent judges
is, therefore, a pre-condition to a society ruled by law. If judges are too
readily influenced by the status of the litigants who come before them, or
worse, view their judicial office as a means of granting favours to friends,
or bowing down to the powers-that-be for personal gain and
advancement, the rule of law will be undermined. All democratic
systems founded on the rule of law must, therefore, ensure the
establishment of mechanisms which would give judges the best
opportunity to be independent.
All Commonwealth Caribbean Constitutions guarantee the fundamental

right to a fair trial, which includes the right to be tried before an impartial
and independent tribunal.
3.3.1 Judiciary impartiality

Impartiality refers to the personal disposition of a judge to the particular
litigants who might appear before him or her in a given case. A judge
must not be biased against, or in favour of, one or other of the parties.
Such bias might arise from a personal relationship between the judge
and one of the litigants, or because of a financial interest which the judge
might have in the outcome of the matter, or because the judge may have
prejudged the issues involved in the case because of some prior
involvement in matters of a similar nature. In such cases, the concern is
36
not necessarily with whether the judge is actually biased against, or in

favour of, one party, although where there is actual bias the judge is
clearly disqualified. Rather what is important is whether there is a real
danger that the judge might be predisposed to decide the case in a
particular way, whether he or she is actually so predisposed or not.
Justice must not only be done but must also be seen to be done.
In the recent case involving the extradition of General Augusto Pinochet

from the United Kingdom to Spain, a decision of the House of Lords was
set aside because one of the judges had connections to Amnesty
International which had been allowed to intervene as a party in the
matter. It was made clear that no one was alleging that the judge's
involvement with Amnesty International had in any way influenced the
outcome of the proceedings. In fact, a reconstituted panel of the House
of Lords eventually came to the same conclusion that Pinochet was not
immune from extradition. But, nevertheless, the first decision could not
be allowed to stand because the apprehension of bias was just as
inimical as actual bias. As is often said, the streams of justice must
forever run pure.
3.3.2 Judiciary independence

Independence of the judiciary refers to the constitutional arrangements
which have been put in place to ensure that the judiciary, as an
institution, is independent of all those who might wish to exert influences
or control over it. The notion of the independence of the judiciary does
subsume the question of impartiality. But then, a partial judge cannot
claim to be independent. The Constitutions guarantee the right not only
to an impartial judge but also to the establishment of objective conditions
for the existence of an independent court.
Impartiality thus refers to the state of mind or attitude of a judge in a
particular case. Independence refers to the “status or relationship to
others, particularly to the executive branch of the government, that rests
on objective conditions.”
There are certain minimum standards which must be attained in order to

guarantee the independence of the judiciary. What are these minimum
standards? We shall list these below:
(i) An independent appointment process: As yet, there is no clear

requirement that, in order to be considered independent, the
judges who make up a court must have been appointed by a
process over which potential litigants, including in particular the
government, have no influence. In many countries in the world,
judges are appointed by members of the Executive. Barbados is
one such country. In the United States of America, candidates for
that country's highest court are nominated by the sitting President
and must be approved by a committee of the legislature. In
England, judges are appointed by the Lord Chancellor who is a
member of the cabinet and an advisor to the Prime Minister. Yet
still, there is no complaint in any of those countries of a less than
independent judiciary and indeed the judiciary in each of these
countries have been known to hand down decisions with which
their original benefactors might not agree.
Nevertheless, in the Constitutions of the Commonwealth

Caribbean, mechanisms have been put in place to limit the direct
involvement of politicians in the appointment of judges. Thus,
37
judges are appointed by a combination of the Head of State (the

President or Governor General, as the case may be), and an
independently appointed Judicial and Legal Service Commission.
The present proposals for the appointment of the members of the
Caribbean Court of Appeal (recall Section 2.3) provides for the
appointment of the President of the Court by the Heads of
Government. Thereafter, the remaining judges of the Court are to
be appointed by an independent commission made up of the
President of the Court as Chairperson and a number of other
persons, such as the Secretary General of CARICOM, a
representative of The University of the West Indies, appointees of
the Caribbean Bar Association, and such like.
(ii) Security of tenure: Of much greater importance than an objective

condition of independence is the degree of security of tenure which
a judge might enjoy. A judge whose appointment may be
determined at the whim of someone else, worse still a member of
the Executive, could not be said to be protected by any objective
condition of independence. Even the most robust and courageous
judges could not help but be affected, even if subconsciously, by
the possibility that a decision which might offend the powers-that-
be would lead to the summary termination of his or her
appointment. Thus, the Caribbean Constitutions go to great
lengths to provide for the termination of the appointment of judges
only on grounds of misbehaviour or inability to perform the
functions of the office, and establish cumbersome procedures for
the trial of a judge by independently appointed tribunals.
(iii) Financial security: The ability to control or influence the financial

well being of a judge must also affect his or her ability to act
independently. The sense of fear that some financial penalty might
be imposed if a judge decides this way or that must, at the very
least, cause a judge to pause and re-consider the position he or
she might otherwise be minded to take in a particular matter
unhindered by these extraneous considerations. As such, the right
to be protected from arbitrary fluctuations in the terms and
conditions of service of judges is considered an essential pre-
condition to an independent judiciary. In the Commonwealth
Caribbean Constitutions, the remuneration of judges cannot be
altered to the detriment of the incumbent. Furthermore, since the
money to be paid to judges must be provided out of common,
limited funds, which many other State obligations might compete
for, it is generally provided that the remuneration of judges is a
charge on the consolidated fund, thereby guaranteeing the first call
on the public purse.
The remuneration of judges, like others, is subject to the vagaries

of market conditions. Inflation might affect a reduction in the
remuneration of a judge just as effectively as a direct cut in salary.
It is, therefore, also considered to be a minimum pre-condition of
independence that the remuneration of judge be kept under review
by an independent commission established for the purpose of
ensuring that the financial security of judges is not whittled away
over time.
38
(iv) Institutional independence: At a minimum, judicial

independence requires that the judiciary exercise full control over
administrative decisions pertaining directly and immediately to
judicial functions. This includes matters such as the assignment of
judges, the sittings of the courts, the establishment of court lists
and the direction of administration staff engaged in the carrying out
of these functions. Further than that, there is a strong argument
for more control by the judiciary over the financial aspects of court
administration, including the preparation of budgets, the
expenditure of monies allocated to the administration of justice,
and matters relating to administrative staff, such as recruitment,
promotion, removal and their terms and conditions of
appointments. Control by the executive over these matters
provides subtle, and not so subtle, ways of putting pressure on
judges by affecting the conditions under which they work.

What is meant by (i) impartial judiciary and
(ii) independent judiciary?
Note:
3.4 SEPARATION OF POWERS
Allied to principles of an independent judiciary, as a spin off of the

doctrine of the rule of law, is the doctrine of the separation of powers.
What this refers to is the separation of the main arms of the State from
one another, namely the executive, the legislature and the judiciary. The
rule of law requires that the triple functions of the making of law, their
implementation and their enforcement be vested in separate authorities.
Were it to be otherwise, the necessary checks and balances so essential
to protect against the abuse of power and the violation of the law would
be absent. The exercise of legislative, executive and judicial power by
one entity is a recipe for totalitarianism, and is anathema to any notion of
democracy. As the saying goes, 'power corrupts, but absolute power
corrupts absolutely'.
The courts have been astute to ensure the strict separation of judicial
power, on the one hand, from legislative and executive power, on the
39
other. Thus, in the celebrated case of Hinds v. R, the courts struck down
legislation which vested the judicial power to convict and sentence
persons guilty of serious crime, in a body comprised of persons who did
not enjoy the constitutional status and protection from interference
accorded to High Court judges. The courts have also frequently struck
down legislation which gave sentencing powers to members of the
Executive. In one case from Belize, the court held that a statutory
provision which subjected a person convicted of an offence to
imprisonment at the pleasure of the Governor General infringed the
separation of powers doctrine by, in effect, transferring the judicial
sentencing power to the Governor General. By its terms, it was the
Governor General who, at his pleasure, determined how long the
convicted person would spend in jail.
Instances of the direct exercise of judicial power by the legislature have

also been struck down. In one case, legislation which singled out an
individual for the expropriation of his property was declared to be in
violation of the separation of powers doctrine. Similar pronouncements
have been made in relation to legislation vesting legislative powers in
members of the Executive. In one case in Dominica, the Eastern
Caribbean Court of Appeal struck down statutory provisions which
authorised the Executive to determine the custom duties chargeable on
certain goods. Here, the separation of powers doctrine was infringed.
However, note that not all delegated legislation (recall Subsection 1.2.2)
would run afoul of the doctrine. Clearly, delegated legislation which has
to be referred back to Parliament for either a positive or negative
resolution is consistent with the separation of powers since, at the end of
the day, Parliament reserves to itself the right to stop the enactment of
legislation, and in that way, although emanating directly from the
Executive, delegated legislation which came into being in this manner
can nevertheless still be considered an act of Parliament. Further, the
separation of powers doctrine is also not infringed where the delegated
power is granted along with sufficient guidelines appearing in the parent
act which enables Parliament to continue to exercise control, albeit
indirect, over the legislative process. In such a case, the court will step
in where it appears that the delegated legislative power is exercised in
such a way as to ignore the guidelines given.
But while the courts have intervened in the ways just mentioned in the
name of the separation of powers doctrine, it remains the political reality
that our constitutional arrangements allow for, at best, an imperfect
separation of powers.
You should note also that although, in theory, the executive is separate
from the legislature, the legislatures of the Commonwealth Caribbean
are largely considered, and rightly so, the alter ego of the Executive.
The Prime Minister and Ministers who make up the Cabinet must all be
members of one House or the other. And since the numbers of
members in the Houses of Parliament are relatively small, it is not
unusual to find that the Cabinet itself makes up the majority of the
members loyal to the Government sitting in Parliament. Moreover, with
party discipline as strict as it is, it is rare that non-cabinet members sitting
in the house on the government side will defy their Prime Minister. The
result is that, with the exception of cases where a special majority and
the support of the opposition is needed to amend the Constitution, for
example, the executive is guaranteed that decisions taken in Cabinet will
be 'rubber-stamped' in Parliament. Contrastingly, in the United States,
the Executive, including the President, does not sit in the legislature and
40
members of the legislature have a legislative agenda independent of the

Executive.
Similarly, as observed in Section 1.1, judges do make law. The vast

array of rules of law making up the common law emanate from the
judiciary. And, in the interpretation of ambiguous legislation, judges are
authorised to choose between competing interpretations, and although
they do so in the name of the will of Parliament, some leeway is left for
the expression of their own individual choices.
Insofar as a pure theory of the separation of powers does exist in the

Commonwealth Caribbean, therefore, that might be so only to the extent
that judicial power is exercised exclusively by the judiciary. And just as
well, the rule of law cannot possibly exist without an independent
judiciary to enforce it.

Describe 'separation of powers'.
Note:
SUMMARY
In this unit, we discussed a few Constitutional fundamentals and
subsidiary principles of law. This discussion established, among others,
the supremacy of law over individuals and State. We also discussed
judiciary impartiality and independence. We closed the unit by
explaining the doctrine of the separation of powers.
41
Barnett, Hilaire. Constitutional and Administrative Law (2nd ed.,
Cavendish Publishing). Chapter 4, pp. 87 - 125; pp. 127 - 142.
Bradly, A. W. and Ewing, K. D. Constitutional and Administrative Law

(12th ed.), pp. 86 - 98; pp. 414 - 428.
Fiadjoe, Albert. Commonwealth Caribbean Public Law (2nd ed.).

Chapter 5, pp. 121 - 138; chapter 9, pp. 191 - 203; pp. 157 - 167.
Lewis, Sir Allen. The Separation of Powers (Oct. 1978) WILJ 4.
Lustgarten, Lawrence. Socialism and the Rule of Law (1988) 15 Journal

of Law and Society 25.
Raz, Joseph. The Rule of Law and its Virtue (1977) 93 Law Quarterly
Review 195-211.
42
Unit 4: Nature and Functions of Law
Unit 4
Nature and Functions of Law
STRUCTURE
Overview
Learning Objectives
4.1 Nature Of The Law
4.1.1 Content
4.1.2 Influence of ideologies
4.2 Functions Of Law
Summary
OVERVIEW
Thus far, we have examined the main sources of the law (Unit 1), the
court system which administers these laws (Unit 2), and certain
fundamental constitutional principles which govern the legal system (Unit
3). Now, in this unit (Unit 4), we will discuss the nature and functions of
the law.
LEARNING OBJECTIVES
• describe the nature of the law;

• list the seven functions of the law.
4.1 NATURE OF THE LAW
We will begin this section with a general comment: The study of law at
The University of the West Indies, or at the professional Law Schools
elsewhere, consists, in the main, of an exposure to the various rules of
law having their origin in the common law, in legislation or in a
combination of both. These laws are categorised into subject areas for
convenience which can be subsumed under two major categories. Thus,
we have the study of the following two major categories:
• Criminal law, which deals with the rules of law relating to, say, the
elements of the crime of murder and the various defences which
might be available.
45
• Civil law, which deals with wrongs committed by one private

individual against another. These would include situations where
injury is suffered by one person as a result of negligence by another,
say, in a motor vehicular accident.
As you can imagine, the subject areas are numerous, and within each
subject area there are further areas of speciality. The result is that there
are countless rules of law which make up the laws in our legal system. It
is difficult, therefore, to remember every rule of law. However, it is of
paramount importance to come to grips with and appreciate legal
techniques, legal reasoning and an understanding of the basic principles
of law. These three knit the legal system together. Accordingly, this
course does not intend to acquaint you with the nitty-gritty of the rules of
law in any particular subject area. The purpose of this course is
principally to help you appreciate the legal system in the Commonwealth
Caribbean. With this in mind, let us now discuss the general content of
the law.
4.1.1 Content
There is nothing inevitable about any rule of law. Common law judges in
England, for example, may disagree with common law judges in New
Zealand over whether damages should be awarded for injury to feelings
and reputation caused by a wrongful dismissal. The Jamaican
Constitution makes provision for a right to a speedy trial, the Constitution
of Trinidad and Tobago does not. Some countries have legislation
bestowing rights to maternity leave on workers, others do not.
Rules of law, for the most part, are expressions of the relationships
which are expected between human beings at the individual level, and
between individual human beings and the society as a whole. They
usually take the form of a set of rights and obligations, as for example, in
the case of the relationship between employers and employees, which
involves at its core an exchange of labour for remuneration. The law not
only provides the framework within which the relationship is conducted
(for example, by providing access to a court of law to resolve disputes),
but also intervenes to create substantive rights (for example, where
legislation imposes upon employers the obligation to make severance
payments to a worker whose employment is terminated on the grounds
of redundancy).
Or, the law may prohibit conduct which is considered to be inimical to

society as a whole. This is usually the function of the criminal law by
which various acts are made punishable by imprisonment or fines and, in
some cases, death. The precise content of these laws will be
determined by a combination of factors, including the social and
economic conditions in a society, and the values to which the society
ascribes, or at least, the values which the dominant forces in a society
may impose.
46
4.1.2 Influence of ideologies

Judge-made law is particularly susceptible to dominant ideologies and
the personal, philosophical pre-disposition of the presiding judge. To
understand this statement better, let us consider the following:
• The common law rule that a husband was incapable of raping

his wife. By definition, rape is committed when a man has sexual
intercourse with a woman without her consent. Upon marriage,
however, a woman was deemed by the law to give her consent to
her husband to sexual intercourse, and that consent could not be
unilaterally withdrawn. This, essentially, is a product of the prevailing
view that a woman, upon marriage, becomes the property of her
husband. As the dominant ideology became progressively under
attack, the rule was relaxed incrementally, such that it was
determined that a wife’s consent was revoked whenever there was,
for example, a judicial separation order or a non-molestation order,
until, in the 1990s, the rule was abolished altogether by the House of
Lords in recognition that its underlying ideology of the subordination
of women to men had largely been debunked. A change in the law
occurred because the personal ideologies of the presiding judges, no
doubt influenced by the changing values in society, had been
transformed over time. (Ironically, just a few years before this
momentous change occurred, the legislature in Trinidad and Tobago
passed a law. This law made it clear that a husband could not, in
law, rape his wife, and effectively altered the common law by making
a husband, who had sexual intercourse with his wife without her
consent while, for example, there was a separation order in effect,
liable only to the lesser offence of sexual assault which is punishable
with significantly more lenient penalties than the offence of rape.)
• The common law as it related to trade unions. In the days of the

industrial revolution, workers bonded together in trade unions to fight
the super exploitation to which they were subjected. The response
of the common law judges who, as might be expected, were drawn
from the same class as the capitalists, against whom the workers
united, was to declare trade unions to be illegal conspiracies.
Nevertheless, the same judges did not consider that a combination
of capitalists bonded together to pursue their common interests was
in violation of the same rule. Collective action on the part of workers
was an obvious threat to the effort of employers to accumulate as
much wealth as they could. The dominant ideology of laissez-faire
capitalism and rampant individualism thwarted the efforts of workers
to come together to improve their lot. In years to come, as the trade
union movement grew into a formidable political force despite its
status of illegality, the legislature was forced to step in to legalise the
movement and its activities, and the modern system of collective
bargaining was born.
• The development of human rights jurisprudence. The

fundamental rights and freedoms guaranteed under the Caribbean
Constitutions are expressed in broad language, and it is left to the
47
judges, as guardians of the Constitutions, to flesh out their content

over time. A liberal-minded judge is more likely to interpret the
human rights provisions in a way which constrains the exercise of
State power over the individual. A conservative judge, on the other
hand, is more likely to attempt to contain the full amplitude of the
human rights provisions. It is the difference in ideology between
Caribbean judges and the members of the Privy Council, for
example, which is largely responsible for the fundamental differences
of opinion in relation to death penalty litigation. Caribbean judges
have not received the Pratt and Morgan ruling (recall Section 2.3)
warmly, attempting at all times to restrict its application.
Legislation being another source of law, the contribution of legislators to

the making of law is no less significant. However, legislators are also
subject to ideological influences, and legislation will largely reflect
dominant ideologies and values. The law relating to marital rape in
Trinidad and Tobago is an example of the persistence of an ideology
favouring the subordination of women to men. The process is a
complicated one, though, since irrespective of their personal views,
legislators must serve their electorate, if only to assure their re-election.
Maternity leave legislation might, therefore, be explained as a product
both of the need to appease the electorate for political reasons, as well
as the acceptance of the changing role of women and men in society.
In the case of legislation affecting the relationship between employers

and trade unions, legislators may be torn between their own class
interests and allegiances, on the one hand, and the imperatives of
electoral politics, on the other. Simply put, the financial backers of the
party in power will exert pressure on the government in power not to
pass legislation which might increase the cost of doing business. On the
other hand, since the working class would comprise the vast majority of
the electorate, the ruling party will no doubt be interested in improving
their lot as means of securing their votes in the general election. But
even so, there are systemic constraints on the contents of labour
legislation which a government can pass. In societies which are largely
dependent upon private investment as the engine of the economy and
the means to create employment, labour legislation which eats into
profits will serve as a disincentive to investment.
Legislation which seeks to improve health and safety at work necessarily

requires increased expenditure on the part of employers to comply with
compulsory safety standards. Such legislation is traditionally difficult to
get through Parliament and at present, throughout the Caribbean, Health
and Safety Legislation is archaic and has not been updated to meet the
challenges of modern industry. Even governments partial to labour will
experience constraints on their natural inclination to benefit the labour
movement. If investment, particularly foreign investment, is to be
attracted in an international environment of fierce competition among
nations, an environment favourable to risk taking must be created. This
involves harnessing the power of trade unions and keeping labour costs
within acceptable limits. The Industrial Stabilisation Act in Trinidad, for
example, which limited the right to strike, and channelled labour disputes
48
to a newly established Industrial Court, was passed precisely for this

purpose.

Give a description of the nature of law.
Note:
4.2 FUNCTIONS OF LAW
In this section, we will discuss the seven major functions of the law. (For
this purpose, great reliance is placed on the work of D. A. Funk's Major
Functions of Law in Modern Society (1972) 23 Case Western Reserve
Law Review 257.)
The seven functions of the law are:
(i) To legitimise: The law acts as a legitimising force. For example,

by granting law-making powers to the legislature, the Constitution,
which is the supreme law of the land from which all authority
derives, confers legitimacy on Acts of Parliament. Because,
psychologically, people respect the authority of the law, the
Constitution's stamp of approval envelops the law-making power of
the legislature in a veneer of naturalness. The law has a similar
effect in other areas. By treating the ‘rape’ of wife by her husband
as a separate and less serious offence than the rape of a woman
by a man who is not her husband, the law legitimises the
stereotypical relationship of a wife's subordination to her husband.
Similarly, by establishing a procedure to be followed to effect the
49
termination of the employment of numbers of workers on the

ground of redundancy, with the payment of severance benefits, the
law legitimises the managerial prerogative to make business
decisions which will affect the livelihood of others in a fundamental
way.
(ii) To allocate power: It is the law that determines which individuals

in the society are to exercise governmental and other powers. For
example, under the Constitution, law-making power is conferred on
the legislature, judicial power on the judiciary and executive power
on the executive. Ordinary legalisation also allocates powers, as
for example, where customs officials are given powers to
determine customs duties on goods entering the country, or
professional bodies are authorised to exercise disciplinary control
over members of their profession. Of importance as well, though,
are the limitations which the law places on the powers which
persons are permitted to exercise. Usually, these restrictions have
in mind the fundamental rights and freedoms of the individual, and
are designed to ensure that in the exercise of governmental
powers these rights and freedoms are not trampled upon.
(iii) To order society: The law provides the framework within which
people conduct their affairs. Companies legislation, for example,
establishing the procedures by which a company is created and
operated, governs the relationship between the shareholders, the
directors and the company itself and speaks to the rights and
obligations of the various actors. Industrial relations legislation,
similarly, creates comprehensive systems which provide for the
establishment of collective bargaining relationships between
employers and trade unions, impose rights and obligations on the
parties, creates remedies for the enforcement of the agreements
which the parties might conclude, and establish courts or tribunals
which oversee the entire system.
(iv) To control individuals: This is largely the province of the criminal

law. The behaviour of the individual is controlled by providing
sanctions for certain conduct, the overall aim being to maintain
peace and order in society.
(v) To resolve conflicts: This is associated with the work of the courts.
The purpose here is to resolve inevitable disputes which will arise
from time to time, even in the best of regulated relationships.
(vi) To dispense justice: Frequently, the legislature intervenes to

protect the weaker of us in society from the stronger, and generally
to soften the effect of the worst excesses of the capitalist system.
To some extent, the system of taxation is designed to effect a
redistribution of wealth. The wealthy are taxed more (in theory, at
least) in order to provide welfare benefits for the poor. Legislation
is also enacted to provide for minimum standards of health and
safety at work; or minimum terms and conditions of employment
such as maternity leave rights, vacation leave, maximum hours of
50
work and minimum wages.
(vii) To change society and individuals: The law acts as a catalyst of

change either to the society as a whole or particular individuals.
Domestic violence legislation may impact upon individual
abusers by causing a change in behaviour by the simple threat of
sanctions. In addition, by focussing on the underlying social
problem, such legislation serves to sensitise the society as a whole
to the evils of domestic violence and, therefore, to cause a change
in societal attitudes generally. The changes which the law effects
may be initiated by the law makers themselves in answer to their
own consciences or to what their own sense of justice requires.
Or, the changes to be effected in individuals and society as a
whole may be demanded by interest groups or by a ground swell
of public support for change. Change may be systemic or non-
systemic. Systemic change involves a change from our social
system to an entirely different one, like that which recently
occurred in the Soviet Union or in Cuba in the 1990s and 1960s,
respectively. The change with which we in the Caribbean are
accustomed is non-systemic. This involves changes occurring
within the system to deal with new circumstances as they arise, or
to address social problems which may have been festering for
some time.

List the basic elements in the seven functions
of law.
Note:
51
SUMMARY
In this unit, we stated that laws are divided into two main categories: civil
and criminal. These are further divided into subject areas, each of which
lends itself to further categorisation into areas of speciality. We also
explained the influence of ideologies on the making of laws. Drawing
heavily from D. A. Funk, we then listed the seven major functions of the
law.
Systems. (Cavendish, 1999.) Chapter 1, pp. 3 - 22.
Funk, D. A. Seven Major Functions of Law (1972) 23:2 Case Western

Reserve Law Review 257.
Parris, Carl D. Capital or Labour? The Decision to Introduce the

Industrial Stabilisation Act in Trinidad and Tobago. Institute of Social
and Economic Research, UWI, Working Paper No. 11, 1976.
52
Unit 5: Fundamentals of the State and Governance
Unit 5
Fundamentals of the State and Governance
STRUCTURE
Overview
Learning Objectives
5.1 Theories of the State
5.1.1 Elitist theories
5.1.2 Organic theories
5.1.3 Mechanical theories
5.2 Bicameralism
5.2.1 Theoretical issues
5.2.2 Bicameralism in the region: origin
5.2.3 Bicameralism in the region: a case
5.3 Issues Of Governance In The Commonwealth Caribbean

5.3.1 The colonial state
5.3.2 Structural adjustment
5.3.3 Executive and parliamentary duties of ministers
5.4 Expertise And Loyalty Of Legislators
Summary
OVERVIEW
Having discussed the fundamentals of law in Units 1 to 4, in Units 5 and
6, we will present the governance component of this course.
Governance has many dimensions to it – civility, participation, rights,
freedoms, liberty, authority, obedience, and so on. It does not take place
by guesswork, but rather is anchored in philosophy and process. These
two units, accordingly, will highlight the basic elements, i.e., ideas,
institutions and forces that maintain the stability of society.
In Unit 5, we will discuss the fundamental theories of the State that will
explain the essence of civil society and political obligation. For this
purpose, we will discuss three major theories of the State: the elitist
(Plato and Aristotle), organic (Jean-Jacques Rousseau) and mechanical
(Thomas Hobbes and John Locke).
We will also introduce you to the underlying principles of the

parliamentary system in the Commonwealth Caribbean with particular
reference to bicameralism (the concept of a two-chamber parliament).
We will then examine the functioning of the State in the Commonwealth

Caribbean in order to study the connection between theory and the
realities of life.
55
LEARNING OBJECTIVES
• discuss the pros and cons of bicameralism in the Commonwealth

Caribbean parliamentary systems;
• explain the elitist, organic and mechanical theories of the State;
• discuss the issues of governance in the Commonwealth Caribbean.
5.1 THEORIES OF THE STATE
In this section, we will discuss the following three major theories of State:
(i) Elitist theories.

(ii) Organic theories.
(iii) Mechanical theories.
This discussion should help to explain the very existence of human

beings in society, together with the premises upon which the societal
order is maintained.
5.1.1 Elitist theories

In this subsection, we will give you a snapshot of the views of Plato and
Aristotle on governance.
An examination of their works provides us with an insight into their belief

in selective breeding as the primary method of choosing rulers. We will
explain this further.
Plato (427 - 347 B.C.)
Plato's advocacy of adult education and his rationale for his class
divisions of society establish him as a proponent of the aristocratic view
of the State. In understanding the works of both Plato and his disciple,
Aristotle, one must appreciate that they advanced an outlook that
embraces the use of rational argument and inquiry as the key to the
establishment of an ideal type of government and politics in society.
Insofar as they advance such an outlook, they are rejecting the

alternative perspective of the use of violence as a means of finding
resolution in the affairs of human beings. Essentially, this was part of the
Greek attempt to try and learn how to tame both human beings and
nature. For both Plato and Aristotle, human beings possess the power of
speech and reasoning which place them at the highest level in the
animal world by virtue of the fact that they have the capacity to organise
their activities on the basis of thought in a way that no others can. To
this end, reason was an important concept in the philosophy propounded
by Plato and Aristotle.
56
Plato and his teacher Socrates both believed in the application of reason
and rational inquiry as the key to the establishment of the good life.
However, for Plato, in determining who was to be involved in such an
activity, the ruling class would have to ensure that it could produce the
kind of rulers (i.e., philosopher kings) who had both the breeding and the
aptitude to be prepared for the task of ruling. In other words, the ruling
class should:
• select rulers long before they were born, (insofar as the pairing of the
parents of the offspring to be bred was a crucial exercise);
• prepare the future rulers with relevant continuous education;
• ensure that they acquire the right qualities of a leader (insofar as the
imparting of wisdom needed for leadership and governance was a
crucial exercise).
Plato thus placed the virtues above the popularity of the ruler. This is
where the elitist theory is exposed owing to the fact that adult education
is reserved only for future rulers and their popularity is not an issue,
instead their sagacity is more important. However, it is important to note
that Plato's class structure was based on his belief that the human soul
was divided into three parts:
• the rational (gives guidance to human beings, and so, is the highest
part);
• the spirited (gives animation to the thoughts);
• the appetitive (expresses desires, and so, is the lowest part of the
soul).
Plato extended this rationale to the society by distinguishing between the

ruling class, the soldier-administrative class and the producer class.
These three groups corresponded to his gradations of the human soul,
i.e., the rational, the spirited and the appetitive. Plato justified the
position of the ruling class in relation to the producer class as the
difference between political wisdom and technical knowledge. At the
same time, the ruling class commanded a cadre of well-trained soldiers
and administrators, who maintained law and order.
Aristotle (384 - 322 B.C.)
Aristotle, like Plato, believed that the virtue of the ruler was more
important than the popularity of the ruler. To this end, he preferred
monarchy as the best form of government because it consisted of the
best ruler absolutely who would rule in the interests of the society. His
second preference was aristocracy which consisted of the best persons
absolutely, and not relatively, who would rule in the best interests of the
society. He viewed Constitutional government or "polity" as a
compromise between the wealth of the rich and the freedom of the poor.
Aristotle argued that these were incompatible and it would be difficult to
satisfy both.
He argued that there were two categories of government, true and

perverse, each comprising three forms. The three true forms of
government were:
57
(i) monarchy;
(ii) aristocracy;
(iii) constitutional.
The three perverse forms of government were:
(i) tyranny;
(ii) oligarchy;
(iii) democracy.
According to Aristotle, each one of the true forms of government had its
perverse versions. Thus, the perverse forms of monarchy, aristocracy
and constitutional government, respectively, were tyranny, oligarchy and
democracy. Tyranny occurred where the monarchs conducted the
affairs of government for their own personal benefit. Oligarchy occurred
where the rulers conducted the affairs of government for their own class
benefit. Democracy created a situation where the poor ruled in the
interests of the poor. Of these three perverse types, Aristotle found
democracy to be the most tolerable owing to the fact that the largest
number of people benefitted from this governmental arrangement when
compared to tyranny and oligarchy.
At the same time, Aristotle advanced the theory that the State is a
community and that it is the highest of all communities. This provided
the conception that the State was natural. In advancing this theory of the
State, Aristotle argued that the State was the highest of all communities
both by way of:
(i) Evolution of human beings: Human beings were able to reproduce

themselves in the family, they found companionship in the village,
and they satisfied the highest part of themselves in the city-state.
This organic process, evolved into the State. (We will study this
theory of organic process of the State in Subsection 5.2.2.).
(ii) Logic: The State was whole and it was necessarily prior to the
parts. That is, the concept existed all along, but human beings
evolved in order to put the pieces together. In other words, the
State was clearly prior to the family and the village as a concept,
and was subsequently realised when the pieces were put together.
As far as law and order in the State were concerned, Aristotle argued
that the rule of law was preferable to the rule of an individual insofar as
he believed that the rule of an individual could not guarantee perfect
justice. It was better to apply a single principle (the rule of law) to all,
than to trust the judgement of any single individual in the application of
the law. Indeed, the rule of law has become a cornerstone of the
democratic State in modern times and, to a large extent, we have
inherited this from Aristotle.
58

List the characteristics of an elitist State.
Note:
5.2.2 Organic theories

Organic theories claim that the State has evolved organically out of the
development of human beings. Review Aristotle's application of logic
and his theory of the State as community, which we discussed earlier in
Subsection 5.2.1. To this we will add Rousseau's theory of the State of
nature in ultimately advocating an organic view of the State.
Jean-Jacques Rousseau (1712 - 1778)
Rousseau published his most famous work The Social Contract in

1762. His use of the concept of the State of nature to demonstrate the
nature of human beings and the eventual concept of the civil State, was
based on a notion that human beings are self-interested beings.
However, Rousseau argued that the social contract that human beings
eventually uphold is based on the need for security and the guarantee of
civil liberty, as opposed to natural liberty.
For Rousseau, natural liberty that human beings enjoy in the state of
nature is an untrammelled right to do as they please without regard to
their fellow beings, and their only guide is their instinct. As far as
Rousseau was concerned, human beings became slaves to their
appetites under such conditions which may help to explain his
paradoxical statement: "Man is born free and everywhere he is in
chains."
Civil liberty acquired by human beings in the civil State is based on the
concept of obedience to laws that they prescribe for themselves. Implicit
in this is the reality that civil liberty is reliant upon restraint that can
guarantee equality to all, as opposed to an unbridled desire to do as one
wishes. In a sense, the civil State is inspired by justice and morality, and
59
human beings derive security through collective association. They would

naturally evolve into the civil State because the state of nature could not
guarantee individual preservation against the threats and hindrances of
others, which would have impeded the secure enjoyment and pursuit of
their self-interest.
In Rousseau's social contract, human beings do not surrender all of their

rights and privileges to a sovereign ruler, but rather to everyone, and as
a result do not subject themselves to any one person in particular. As a
result, this body of persons would become possessed of a will which
Rousseau called the General Will.
The General Will represented for Rousseau the foundation stone and
source of authority for all laws of the State. As far as he was concerned,
it would always lean towards the general good of society because it was
an organic expression of the nature of human beings in the pursuit of
self-interest under stable conditions of life. It would uphold principles of
liberty, law, right to property, justice, equality and morality. By adopting
this principle of the General Will, Rousseau revived the organic concept
of the State that can be traced back to Aristotle. (This was, as we
studied, based on the notion that the State is a community and that it is
the highest of all communities.)
For Rousseau, the General Will always seeks the general good and it
comes from all and applies to all. As a consequence, obedience of the
General Will is an expression of moral freedom and those who refuse to
obey it may have to be compelled to do so. According to Rousseau,
"This means nothing less than he [man] will be forced to be free." (The
Social Contract). The General Will also provided the basis for the
interaction among human beings as well as the basis for their interaction
with the State. In this way, it was the source of laying down the rule of
what is just and unjust. Therefore, it can clearly be seen that the
sovereignty of the State lay in the General Will of the people.
5.1.3 Mechanical theories

In this subsection, we will examine views of Hobbes and Locke, in the
context of the State being a creation of human beings to serve the needs
of civil society. In this context, we will study their ideas on the state of
nature and human beings' transition to the civil State.
Thomas Hobbes (1588-1679)
He published his most famous work The Leviathan in 1651. In this

book, Hobbes argued that people are born equal in mind and body and
that this equality is the source of all their difficulties. Hobbes held a very
pessimistic view of human beings, insofar as he argued that in the state
of nature, people lived in a condition of war. In essence, he concluded
that human beings were filled with greed and the lust for power that
would lead them to turn against their fellow beings. The nature of the
war, therefore, was not necessarily physical, but was based on a mental
disposition.
60
As a result, there could be no kind of productivity or law and order in

such a society. Indeed, according to Hobbes, living under such
conditions was based on "continual fear and danger of violent death; and
the life of man, solitary, poor, nasty, brutish and short."
For Hobbes, the state of nature is imaginary and is used to describe an

environment in which there is no higher authority for law enforcement or
regulation. Therefore, he was trying to describe the personality of human
beings in the absence of any laws where they are free to live as they
please. In this context, the state of nature is philosophical and not
historical, since it never existed. Although Hobbes did have a very
pessimistic view of human beings, he held that they would rise above
their condition in the state of nature. He saw this as happening only
because human beings have a fear of death which is the force that will
lead them to want to leave the state of nature and create the civil State.
As a consequence, the creation of the State is not an organic expression
of the natural evolution, but rather is a mechanical or instrumental
creation by way of a social contract among human beings to have a
sovereign authority (Leviathan) rule over them.
In spite of this moderation that would lead them to establish the civil state
and subject themselves to the rule of a sovereign authority, Hobbes still
did not trust them to observe the contract with their fellow beings
because of their desire for power and glory, and their greed. As a result,
the ruler had to have punitive powers that could restrain human beings.
The reason for this was based on the Hobbesian view that "covenants
without the sword, are but words, and of no strength to secure a man at
all." The reality of this was that Hobbes' contract was made between
human beings and not between them and sovereign. In other words, the
sovereign was not a party to the contract, but rather a creation of the
contract.
The Hobbesian State was designed primarily to serve a law and order
function for the benefit of citizens. At the same time, the citizens gave up
all of their rights and freedoms to the sovereign who governed the State
in their interest and guaranteed them their liberty and equality (civil
liberty and civil rights). As far as the making of laws was concerned, the
purpose of the State was to make the necessary laws to allow peace,
order and good governance.
John Locke (1632 - 1704)
John Locke, like Hobbes, also believed in the mechanical or

instrumentalist view of the State. His conception of human beings was
far more optimistic than that of Hobbes. Locke believed that all people
were born free and equal, and in his conception of the state of nature,
they would have lived on the basis of natural laws which were the
expression of God's will to human beings.
According to Locke, people were blessed with the gift of reason from
God and, therefore, understood the nature of these laws. As a result,
rationality allowed them to understand the value of freedom, while
unreasonable behaviour was to be viewed as non-human. The laws of
nature, through the instrument of reason, determined what was right and
wrong. However, there were imperfections in natural laws which made it
61
necessary for the civil State to be established in order to provide

guarantees to people.
The following imperfections were perceived, as regards the

implementation of the laws of nature:
(i) The laws of nature were unwritten, and so were not always
capable of unambiguous interpretation, or they may be even
ignored.
(ii) The state of nature did not have a system of established and
impartial judges who could adjudicate in disputes between human
beings. This could lead to everyone becoming a judge in his or her
own case.
(iii) There was no guarantee that the wronged party in the state of
nature could be assured of the enforcement of the just sentence of
the law.
As a consequence of these imperfections, it was necessary for people to

create the civil State in order to provide for those things that were lacking
in the state of nature and to protect those things divinely provided in the
state of nature.
The social contract of Locke depends upon consent, and government is

set up in trust, with the people as both trustors and beneficiaries and the
government as trustee. In this way, only the people have rights, and the
government has duties. Rights existed prior to the creation of
government and now it would be the task of government to preserve
those rights for the individuals. Furthermore, Locke's strong belief in
natural law was such that he assigned to government the task of finding
the law as opposed to making the law. That is to say, that natural laws
were the expression of God's will and, therefore, the task of the
government was to satisfy this need for human beings by enforcement of
these laws in the civil State.

List the differences between the organic and
mechanical States.
Note:
62
5.2 BICAMERALISM
Twelve independent nations constitute the Commonwealth Caribbean:

Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica,
Grenada, Guyana, Jamaica, St. Lucia, St. Kitts-Nevis, St. Vincent and
the Grenadines, and Trinidad and Tobago. Barring Guyana, which
changed its Constitution in 1980 to embrace an executive presidential
model, these countries have essentially the same type of constitutional
system.
Central to an understanding of the legislative process as well as the

functioning of parliamentary government in the region, is a wider
appreciation of the validity of bicameralism (i.e., two-chamber
Parliaments) in small-island states. In other words, Parliaments having
both Upper and Lower Houses are called bicameral Parliaments. There
are eight bicameral Parliaments (Antigua and Barbuda, the Bahamas,
Barbados, Belize, Grenada, Jamaica, St. Lucia, and Trinidad and
Tobago) and four unicameral Parliaments (Dominica, Guyana, St. Kitts-
Nevis, and St. Vincent and the Grenadines) in the Commonwealth
Caribbean. Parliament being the key institution in governance in the
region, we shall now elaborate on bicameralism here.
5.2.1 Theoretical issues

Bicameralism has a variety of permutations associated with it, insofar as
representative and responsible government is concerned. Among these
permutations are the principles of election and of nomination as the key
methods of recruitment to the legislature. Some legislatures may have
elections for both Upper and Lower Houses (e.g., Australia), while others
may have elections for one House and nomination for the other. For
example, in Trinidad and Tobago, members are elected for the Lower
House and nominated for the Upper House. These two variations
demonstrate the fact that bicameralism can be employed in federal as
well as in unitary state systems, regardless of their size. But, on what
basis can bicameralism be validated ?
Bicameralism may be validated in the Commonwealth Caribbean on the

ground that second chambers can provide the following benefits:
(i) An opportunity for a second examination of legislative proposals

and measures.
(ii) A more dispassionate examination of legislative proposals and

measures (particularly in a non-elected House, where a party
whip may not be applicable to some members).
(iii) A wider scope of expertise to be recruited to serve in the

legislature (and in parliamentary systems, also to serve in the
Executive).
(iv) A greater number of members to serve on parliamentary

committees.
63
(v) A wider scope for checks and balances by one House in relation to
the other, either procedurally or politically.
(vi) A wider scope of representation of interests in society.
However, you should also note that, at times:
(i) a second examination of legislative proposals and measures will

lengthen the overall legislative process.
(ii) the absence of a party whip may not guarantee regular attendance
and/or participation.
(iii) the presence of non-elected members in the legislature (as well as

the executive) may be viewed as a challenge to the tenets of
representative government.
(iv) the existence of a government majority on parliamentary

committees overrides the benefit of a wider network of expertise
from which membership can be drawn.
(v) intra-legislature checks and balances in bicameral systems may

frustrate the legislative process by either the absence of
consensus or the presence of delay.
(vi) the interests represented in bicameral systems may only increase

in number, but not in overall proportion or ratio.
Having said that, let us now examine bicameralism in the

5.2.2 Bicameralism in the region: origin

As mentioned earlier, there are eight bicameral Parliaments in the
Commonwealth Caribbean, demonstrating a broad spectrum of features
of composition and methods of selection. There are, however, some
common denominators. For example:
• All of the second chambers in the Commonwealth Caribbean are

called Senates and they are all nominated.
• There is no security of tenure for their members (who are called
Senators) and they are all required to vacate their seats at the
dissolution of Parliament.
The fact that all of the Senates in the Commonwealth Caribbean are
nominated is perhaps a direct result of the Crown Colony system of
government that was introduced into the British West Indian colonies in
the 19th century. That system of government had, as its hallmark, the
expansion of the principle of nomination at the expense of the
principle of election in the colonial legislatures of the region which
previously existed under the Old Representative System. At the same
time, you should also note that the shape, methods of composition and
features of the Senates in the Commonwealth Caribbean appear to have
64
been influenced by policy developments in Britain, and other parts of the

British Empire concerning proposals for the reform of the House of Lords
and the export of those reform proposals to colonial legislatures (even
though the reforms were not implemented in Britain itself).
We can trace the genesis of the shape, methods of selection and

features of Commonwealth Caribbean Senates to 1918, and the
Conference on the Reform of the Second Chamber (Cmnd. 9038/ 1918)
in the United Kingdom under the chairmanship of Lord Bryce. The
recommendations of the Bryce Conference for the reform of the House of
Lords were :
(i) 246 persons to be chosen on the basis of proportional

representation by panels of members of the House of
Commons distributed in geographical groups.
(ii) 81 persons to be chosen by a Joint Standing

Committee of both Houses and these persons should
have a special knowledge of various forms of national
life, e.g., agriculture, commerce, industry, finance,,
education, etc. These persons were also expected to
be of independent character and mind.
These proposed reforms of the House of Lords were never implemented

in Britain. Their main thrust was to:
• assure an adequate representation of the will of the elected

representatives of the people through the use of indirect election by
the House of Commons.
• ensure the recruitment of suitably qualified independent persons to
serve in the House of Lords, but these persons would have to be a
minority overall, although they may have been able to hold the
balance of power depending upon the result of the indirect election in
the House of Commons.
These reform proposals were apparently exported, rather than

implemented in Britain. For instance:
• The Government of India Act 1935 (25 & 26 Geo. V, c. 42)

revealed that in the bicameral systems established for Burma and
the Indian provinces of Madras, Bombay, Bengal, the United
Provinces, Bihar and Assam, there was an obvious adaptation of the
Bryce Conference proposals that were meant for the House of Lords.
The Burmese Senate was to consist of 36 members with 18 being
chosen by members of the House of Representatives using the
single transferable vote of proportional representation. The other 18
members were to be chosen by the Governor of Burma at his
discretion. To some extent, a similar formula was applied in the
Indian provincial legislatures named above. The Lower House was
known as the Legislative Assembly and the Upper House was known
as the Legislative Council. The members of these Legislative
Councils were elected by a combination of special electorates, the
General electorate, the Muslim electorate, the European electorate,
and the Indian-Christian electorate, for some of the seats. Other
65
members were elected on the basis of indirect election by members

of the Legislative Assemblies in those provinces on the basis of the
single transferable vote of proportional representation. The
remainder was to be appointed by the Governor in his discretion.
• The report of a constitutional commission that visited Ceylon under
the chairmanship of Lord Soulbury (Cmnd. 6677/1945) proposed that
the Ceylonese Senate consist of 30 members, 15 of whom were to
be elected by members of the Lower House on the basis of the
single transferable vote of proportional representation. The
remaining 15 were to be chosen by the Governor-General in his
discretion from among persons who had distinguished themselves in
public service, education, medicine, law, science, engineering,
banking, commerce, industry or agriculture. These appointments
would be made after the Governor-General had consulted the
representatives of the appropriate occupation or profession. Indeed,
in respect of Ceylon, the Soulbury Commission conceded the link
with Burma by saying, "We prefer the proposal that the Second
Chamber should be selected partly by the First Chamber by means
of the single transferable vote, and partly by nomination by the
Governor-General; and we think that this method would ensure
adequate representation of minorities in the Second Chamber. We
understand that it has been adopted in Burma with satisfactory
results." (Cmnd. 6677/1945, para. 303). These recommendations
were accepted and embodied in the Ceylon (Constitution)
Order-in-Council 1946 (S.R. & 0. 1946, p. 2248).
• Sir John Waddington, the chairman of the Waddington Commission

that visited British Guiana in 1950, advocated a unicameral system
for the colony. However, the other two members, Professor Vincent
Harlow and Dr. Rita Hinden, advocated a bicameral system. Their
recommendation was for a second chamber of nine members called
the State Council, of which six would be nominated by the Governor
in his discretion, two by the majority group holding office and one
member by the opposition. (British Guiana: Report of the
Constitutional Commission 1950-51, Colonial Office No. 280,
London, HMSO, 1951, Codicil 11, para. 19.) This was clearly a
further adaptation, in a smaller legislature, of the Bryce proposals.
The significance of these adaptations was that it influenced Dr. Eric

Williams who became the Chief Minister of Trinidad and Tobago in 1956,
later the Premier in 1959, and the Prime Minister in 1962. The
subsequent adaptation of this model for introduction in Trinidad and
Tobago in 1961 created the following three categories of Senators all of
whom were appointed:
(i) Government senators (on the advice of the Premier);

(ii) Opposition senators (on the advice of the Leader of the
Opposition);
(iii) Independent senators (after consultation with the Premier to
represent business and religious interests).
This model was retained for Trinidad and Tobago's independence

in 1962, and then for its republican constitution of 1976. The model
has also been instructive in the design of Senates in the
66
Commonwealth Caribbean. (For a fuller discussion of this, see

Eric Williams: The Constitutional Scholar and the Introduction
of Bicameralism in Trinidad and Tobago" by Hamid Ghany in
The Journal of Legislative Studies, Vol. 3 Winter 1997 No. 4, pp.
92 - 114). (The Journal was published by Frank Cass & Co., U.K.)

Explain the concept of bicameralism.
Note:
5.1.3 Bicameralism in the region: a case
In essence, the existence of bicameralism in small states in the

Commonwealth Caribbean is the result of both the Crown Colony system
of government that expanded the principle of nomination from the Old
Representative System that preceded it, and the evolution and
adaptation of the 1918 Bryce proposals on the reform of the House of
Lords. The historical evidence suggests that a second chamber
constituted on the basis of combining political complexion with special
interest and expertise recruitment justified the bicameral experiment.
In some of the bicameral (two-chamber) systems, provision is made for

Senators to be appointed who do not hold office by virtue of political
party invitation and are not subject to a political whip. These Senators
are called independent senators.
The availability of legislators who are recruited from non-political sources

to serve in the Legislature affords the legislative process the benefit of
conscience votes on all legislation. Furthermore, these Senators also
assist parliamentary committees in their deliberations by not having to
respond to the directives of the Government or the Opposition. Their
expertise can also be useful in a professional way to enhance the output
of these committees. In this way, a parliamentary technocracy can be
created through the judicious use of appointments to this category of
Senators by Governors-General or Presidents.
67
The validity of bicameralism in small states may be buttressed by the

following other facts or political realities:
(i) That the elected Houses are small and there is the need for wider
interest articulation in the legislature.
(ii) That electoral politics may be unattractive to persons in small

states who may be uniquely qualified to serve as legislators. Under
such circumstances, a nominated second chamber may serve as a
useful vehicle to attract such expertise which may also be
independent of mind and character.
(iii) That some small states may also be divided states insofar as they
are not geographically contiguous. The existence of a bicameral
Parliament may offer opportunities for guaranteed representation
of geographically disadvantaged areas or constituent units in the
legislature.
(iv) That some small states that operate the first past-the-post system,
or systems of proportional representation with high thresholds of
qualification for seat allocation may find bicameral systems useful
to allow some measure of minor party representation in a second
chamber in the legislature.
(v) That in small states with parliamentary systems, bicameralism may

offer greater scope for the recruitment of Ministerial talent for the
Executive.
(vi) That in small states with written constitutions, bicameralism may

offer greater constitutional protection by way of varied
entrenchment procedures involving both Houses to prevent easy
amendment of the constitution.
You should also note that some small states, as mentioned earlier,
operate unicameral legislatures where elected and nominated members
sit in the same House side-by-side. To a large extent, evolutionary
forces and political choice may explain the existence of such a
phenomenon. At the same time, it may be more economical for small
states to operate a unicameral system in this way.
On the whole, however, a case can be made for bicameral systems to be

operated in small states. The proof of this can be drawn from the
Commonwealth Caribbean where such systems have operated with
reasonable success. In some instances, they have prevented the
existence of single-party Parliaments following one-sided general
election results where all of the seats in the elected House were won by
one party (Trinidad and Tobago 1971, Jamaica 1983, St. Vincent and the
Grenadines in 1989 and Grenada 1999). Political traditions may
influence the creation of bicameral Parliaments in many small states.
However, as an option for constitutional or parliamentary reform, there
are very compelling reasons, as listed above, that validate bicameral
systems in small states.
68

List the advantages and disadvantages of
bicameralism in the context of the
Note:
5.3 THE COMMONWEALTH CARIBBEAN
The State systems of the Commonwealth Caribbean have not emerged

out of the theories espoused by the social contract theorists examined
earlier. Neither have they emerged out of the writings of Plato and
Aristotle. One can say that the pre-independence period was based on
the system of the colonial State that itself evolved towards
independence, but had as its hallmark the notions of exploitation,
injustice and inequality. Let us elaborate on this view.
5.3.1 The colonial State

The fundamental basis upon which the colonial State rested was the
philosophy of domination. From that philosophy flowed issues such as
economic exploitation, slavery and indentureship. These realities were at
odds with the philosophies of Hobbes, Locke and Rousseau who
debated about people in the state of nature and the imagined forces that
would cause them to leave the state of nature to seek the better life of
the civil State.
In examining the colonial State, the social contract theories applied to

those who had their freedom, while slaves (and later indentured workers)
did not enjoy either natural liberty or civil liberty. There was the
phenomenon of persons being regarded as property and as individuals
at the same time.
69
While economic and imperial hegemony were the forces that drove the
colonial State, it must be recognised that the imperial powers themselves
engaged in a reform process that gradually led to the abolition of slavery
and indentureship, the introduction of the right to vote, the growth of
representative and responsible government, and independence.
However, in the post-independence period, the biggest challenge to the

concept of independence is the issue of structural adjustment through
financial assistance from the international lending agencies such as the
World Bank and the International Monetary Fund.
5.3.2 Structural adjustment

The relevance of the State in the societies of the Commonwealth
Caribbean is a matter of great concern to policymakers, legislators,
administrators and the academic community in the region owing to the
impact of the structural adjustment policies of the international lending
agencies.
The key to the problem is to sustain and strengthen parliamentary

participation in the democratic process. As the region comes to terms
with structural adjustment programmes, it is apparent that the ability of
the governments of the region to deliver upon their electoral promises
has been undermined somewhat. This is so because the structural
adjustment programmes are not limited to any particular party in power,
but merely recognise governments of countries. Electoral change does
not necessarily bring any changes in the structural adjustment
programme. In the circumstances, the relevance of elections and the
authority of Parliaments may be challenged.
While the role of the State has been altered from that of provider to that
of facilitator, the institutions of democracy are being affected negatively.
The character of Commonwealth Caribbean constitutions need to be
understood in terms of their evolution and present features. However, the
reform process must be geared towards greater citizen participation and
public accountability, otherwise the relevance of the political system may
be questioned on the ground that it is externally driven and domestic
controls seem non-existent. At the same time, it must be appreciated that
structural adjustment has exposed loopholes in the systems of public
accountability.
The structural adjustment programmes of the major international lending

agencies include, in general:
• Privatisation of State enterprises.

• Trade liberalisation.
• Currency liberalisation.
• Removal of price controls.
• Reduction of public sector employment.
• Administrative reform.
• Acceptance and promotion of greater foreign investment.
• Reduction of State involvement in the economy and replacement by
market forces as the major economic determinant of performance.
• Reduction of welfare State expenditure.
70
• Greater use of private sector management techniques in the public

sector.
• Reduction of trade union influence in the public sector.
• Greater investments in science and technology to promote greater
efficiency.
• Stricter monitoring of economic performance by the State.
These reforms themselves present severe challenges for the economy in

their own right. However, the challenges to the political culture and the
constitutional framework of the State are of such a nature that
Governments will have to engage in effective political management of
this paradigm shift in order to avert possible social and political unrest.
Having said this, we shall now attempt to identify fundamental issues in

the constitutional system that may require attention as the policies of
structural adjustment are felt. These issues will highlight the mistakes
made by the Commonwealth Caribbean states in the past so that they
may be avoided in the post-structural adjustment world, and there can be
lasting institutions whose credibility will be high and, therefore, sustain
themselves and allow for capacity-building.
This is crucial if the adjustment process is to become relevant to the

societies of the Commonwealth Caribbean. Social and political unrest is
a real fear and is perhaps best expressed by the President of the World
Bank in describing the risks for Trinidad and Tobago in the following way:
"The major risks to the policy reform program stem from the
deep social impact of the negative adjustment to date, i.e.,
prolonged fall in incomes, employment, imports, investment
and services, and shortage of foreign exchange and the
consequent political pressure. An intensification of these
pressures could derail the program. A splintering in the ruling
political party led to the formation of another opposition
party; and the 10% cut in public service wages in 1989
significantly raised the level of disaffection in the society,
most vocally from the labor unions. Further needed
adjustments, particularly in the sugar-based sector, could
trigger ethnic disputes. The next election is due in two years'
time, which allows barely enough time for the adjustment
program to begin to take hold and produce discernible
positive results. The Government is committed to pursuing
vigorously the full adjustment agenda. However, it is
sensitive to the likely adverse social impact in the short term,
and does not have in place a clear strategy to address the
problems. It is looking to the Bank for guidance on the pace
of adjustment and the necessary complement of social
programs, both of which are critical to the maintenance of
the adjustment effort." (Report and Recommendation of
the President of the IBRD to the Executive Directors on a
Proposed Structural Adjustment Loan in an amount
equivalent to US$40 million to the Republic of Trinidad and
Tobago (1989) Report P-5120TR, p. 29.) There indeed was
social unrest in July 1990.
71
The international lending agencies have been fully aware of the risks
involved in the structural adjustment programmes. However, the society
will gradually come to accept what is going on because there are no
concrete alternatives with the prospect of such rigid fiscal discipline to
curb the excesses of the bureaucratic and political elites of many
Commonwealth Caribbean states. What is interesting to note here is the
sense of helplessness expressed by the Government of Trinidad and
Tobago to the World Bank in seeking guidance on the pace of
adjustment and the necessary complement of social programmes to go
with the level of adjustment. Parliament appeared not to be an option in
dealing with the Bank as policymakers sought assistance from Bank
officials, rather than parliamentarians through Select Committees
consisting of all shades of public opinion.
5.3.3 Executive and parliamentary duties of ministers

While the separation of powers is far more rigid in the Commonwealth
Caribbean than it is in the United Kingdom, there is a parliamentary
executive made up of Ministers who are drawn from among the elected
and nominated Members of Parliament (MPs). There are various criteria
to be satisfied in terms of the composition of a Cabinet. For example, in
all Commonwealth Caribbean countries the Prime Minister must come
from the elected house and, in most countries, there must be an Attorney
General in order for the Cabinet to be legally constituted. You must also
recognise that there are functional differences between and among
Ministers based on their particular status in the Parliament. Ministers
who have both ministerial and representative responsibilities must be
examined and have a greater workload when compared to their
colleagues who are nominated (Senators) and, therefore, do not have
constituency responsibilities. Let us examine this situation.
Representation
The demands of executive office for the modern-day Ministers are such
that representative functions are not easily handled by those Ministers
who are constituency representatives. This can be even more severe in
cases where there is no local government infrastructure (e.g., Barbados
and Grenada). The skewed nature of the impact of structural adjustment
can cause Ministers who are also constituency representatives to be
dealing with intricate negotiations which are critical to the development of
the State, and almost simultaneously be involved in dealing with basic
issues such as water shortages, school places, garbage collection, poor
road conditions, etc., in their constituencies.
In countries such as Trinidad and Tobago and Jamaica, the existence of

local government institutions can assist in the delivery of goods and
services to several communities and, at the same time, help to share the
burden of representation which can be a relief for many Ministers. In
spite of this, Ministerial workloads can be quite heavy for the Minister
who is a constituency representative. Furthermore, there is also the
reality that such a Minister will, in addition to his general constituency
and ministerial duties, have party obligations in the constituency as well
as in the hierarchy of the party itself.
72
However, these demands are not the only strains exerted on ministerial
time and effort. All Ministers are also legislators, which means that they
must also devote their time to the business of Parliament by serving on
parliamentary committees, attending sittings of the Houses of Parliament
to which they belong and participating in parliamentary debates. For
elected Members of Parliament who are Ministers, that constitutes an
additional duty to be performed inclusive of their executive
responsibilities. This can be particularly stressful for these Ministers
because they cannot be relieved of their constituency duties when they
are ill or out of the country, unlike those Ministers who are Senators who
need not worry about a vacancy in the legislative process being caused
by their absence.
Nomination
In the era of structural adjustment, this arrangement will be more suitable

for Prime Ministers owing to the fact that political recruitment of
"competent" Ministers will not be limited to finding safe constituencies or
juggling limited Senatorial appointments. The challenges of locating
ministerial competence without the dictates of the party process
compromising such selections can be adequately addressed through
such a relaxation. However, not all the countries of the Commonwealth
Caribbean have such arrangements. The freedom of selection and
placement of such Ministers in a wider grouping reduces the pressure
that may be placed upon Prime Ministers to find ministerial talent from
among elected representatives, especially when some persons may not
be willing to enter electoral politics.
In small societies such as the countries of the Commonwealth

Caribbean, the number of constituencies for the elected component of
the Legislature (either in unicameral or bicameral Parliaments) is quite
small. At the same time, the number of nominated positions in those
Legislatures (either unicameral or bicameral) is also quite small. Some
countries in the Commonwealth Caribbean have constitutional
restrictions on the number of Ministers who may be appointed from
among nominated members of Legislature.

Do some research to find out which countries
in the Commonwealth Caribbean have
restrictions on the appointment of Ministers
from among the nominated members of the
Legislature.
Note:
73
5.4 EXPERTISE AND LOYALTY OF LEGISLATORS
As the political arena in the region becomes more volatile and

susceptible to increasing character assassination and personal ridicule
fed by a media bent on greater sensationalism, the attraction of elected
public office is diminishing for those who have the qualifications and
experience to become effective legislators. The response to this
phenomenon has been to increase, by way of nomination, the number of
professional and other similarly qualified individuals who can make a
contribution to the legislative process. This has, however, been attacked
on moral grounds because it is felt by many that legislators ought to be
elected and not nominated.
The problem to be solved is how to ensure that the best available talent
is elected or is able to participate in the legislative process without
compromising the fundamental principle that legislators ought to be the
representatives of the people. This debate is one that can trace its
origins to Plato and Aristotle, insofar as it expresses an elitist view of the
State (recall Section 5.1), as against the principle of popular consent as
advocated by the social contract theorists centuries later. In searching
for solutions, the principle of nomination cannot be excluded entirely,
however, there could be some modifications to ensure a closer
relationship between the electorate and the system of nomination itself.
What is desired is the best available talent to have an input in the
legislative process.
This situation has become more urgent given the fact that the legislative
demands of the political system are far more complex today than they
were when the first countries in the Commonwealth Caribbean (Jamaica
and Trinidad and Tobago) got their independence in 1962. Parliament is
in a position to challenge the Cabinet as well as government task forces
and commissions of enquiry as bodies that can offer technical expertise
on complicated and technical legislative proposals through its select
committee system.
But then, there must be a method of ensuring that capable legislators are
recruited into the process. This places an awesome responsibility on the
political parties to carefully screen the candidates they select for office.
However, the qualities of the individual cannot compete with party loyalty
among the electorate.
The electoral process is not guaranteed to deliver such quality, based on

the fact that party politics is more powerful than individual prowess.
Indeed, legislators who are also constituency representatives may find
that the party may disapprove of their views on fundamental pieces of
legislation or even the methods they employ to represent their
constituencies.
In the era of structural adjustment, citizens expect more from the

legislators they choose because of the impact of adjustment which will
require wider consultation on issues owing to hardships that the society
will have to suffer in the process. Furthermore, the demand for expertise
74
in many sectors of the society has placed pressure on the legislative

process to perform effectively.
Unlike the bureaucracy, there are no academic qualifications for entry

into politics. This may appear somewhat elitist; however, there can be no
denying the fact that ill-equipped legislators may become a liability to the
Parliament itself. This fear was expressed as far back as 1960 in
Trinidad and Tobago when Dr. Eric Williams addressed the Fifth Annual
Convention of his party :
I raise these questions at this stage because you will soon

have to nominate candidates for the General Elections. Don't
go, for heaven's sake, and choose people who fall in the
category which one irate party member once described as
dead dogs, because it is a P.N.M. stronghold. That person is
a liability on the council in which you place him, he is a
passenger in the Legislative Group, he reduces the prestige
of the party in the eyes of the country, he cannot make the
grade in respect of committee work either at party or at
legislative level.
Do you think his views are relevant even today?
The challenges of a post-structural adjustment environment in the

Commonwealth Caribbean will require legislative expertise that is neither
confined to party politics nor driven by it. This is primarily because the
role of State will have been significantly altered to an extent that
minimises its influence. Professionalism rather than patronage will have
to come to dominate the nominated element in the legislative process as
parliamentary committees exert their influence in the policy-making
arena.
Integrity in public life

The question of the morality of individuals in public life has become a
major aspect of debate and discussion in the post-independence
Commonwealth Caribbean. The lack of accountability in the region is
traced directly to the fact that there are no adequate mechanisms in
place to ensure personal accountability for the deeds of those who hold
public office.
The allegations of corruption against government officials, elected and

non-elected, have become more frequent and there is the need to
provide a mechanism for ensuring some scrutiny of public officials
without deterring qualified and able persons from willingly rendering
public service. Additionally, the high-profile charges brought against both
sitting and former Ministers of the Government of Trinidad and Tobago
reveal a new level of State action in this field.
The problem to be solved is one in which the actions of public officials

must be monitored in such a way as to ensure that personal gain is not
derived from public office in a manner that is considered corrupt.
75
Mechanisms must be found to guard against abuse of insider

information, breaches of the public trust, financial reward for patronage
and other favours of the State and abuses of authority and influence.
The key to this is to ensure that examples of discipline can be

demonstrated so that the society can build confidence in its officials.
Accountability is important. An understanding of the doctrines of the
collective responsibility of the Cabinet to Parliament, as well as the
individual responsibility of Ministers to Parliament, is crucial for
governance. (See Unit 6 for details.)
In addition, the need for a new outlook on the work of Parliament can
place greater demands on the need for appropriately qualified legislators
who will have the capabilities to adequately monitor the work of other
State agencies whose directorates will include experts in their own fields.
This represents the influence of the United States Constitution on the
constitutional structures of the Commonwealth Caribbean, because the
oversight function of the Congress in the U.S.A. will have greater appeal,
owing to the importance it can bestow on legislators, especially
government backbenchers and opposition members.
Such a reform will make the Parliament appear more relevant in the eyes
of people and could go a long way towards redressing the image that
was created of Parliament in the 1979 calypso of the Trinidadian
calypsonian, the Mighty Explainer, entitled "They Kicksin' in Parliament".

(i) Give reasons why you obey and accept the
laws and other directives of the State.
(ii) Identify the benefits of obedience to the

State.
(iii) List the differences between the colonial

state and civil State of the social
contract theorists.
Note:
76
SUMMARY
We looked at three major theories of the State: elitist, organic and
mechanical. We then examined bicameralism with particular reference
to small states in the Caribbean. Then, we attempted to relate these
theories to the actual practice and issues of governance in the
( ESSENTIAL READING
La Guerre, John Gaffar (ed.). Issues In The Government And Politics Of
The West Indies (School of Continuing Studies, U.W.I., St. Augustine,
Trinidad, 1997). ISBN: 976-620-076-9.
( KEY RESOURCE MATERIALS
(a) Ebenstein & Ebenstein. Introduction to Political Thinkers.
(b) Sabine & Thorson. History of Political Theory.
(c) Williams, Geraint. Political Theory in Retrospect.
(d) Thomson, David (ed.). Political Ideas.
(e) La Guerre, John Gaffar (ed.). Structural Adjustment, Public Policy

and Administration in the Caribbean.
(f) Hamid Ghany “Eric Williams and Bi-Cameralism in Trinidad and

Tobago" in Caribbean Issues, Vol. VIII No. 1, March 1999, pp. 92 -
130.
(g) Hamid Ghany "Parliament and Accountability and Scrutiny of

Public Officials" in Policy Change, Governance and the New
Public Management by John La Guerre (Ed.),(School of Continuing
Studies, U.W.I., St. Augustine, Trinidad, 2000), pp.18 -32.
(h) Hamid Ghany “Constitutional Interpretation and Presidential

Powers : The Case of Trinidad and Tobago” in Caribbean Dialogue
Vol. 6, Nos. 3 & 4, July - December 2000, pp. 23-40.
(i) Hamid Ghany "The Office of Leader of the Opposition: An

Examination of the Whitehall Version in the Commonwealth
Caribbean" in The Journal of Legislative Studies, Vol. 7, No.
2, Summer 2001, pp. 105 - 122.
(j) Hamid Ghany “Parliamentary Deadlock and the Removal of

the Prime Minister: Incumbency and Termination Theory in
Trinidad and Tobago” in The Journal of Legislative Studies,
Vol. 12 March 2006 No. 1, pp. 76 – 97.
77
Unit 6: Comparative Government
Unit 6
Comparative Government
STRUCTURE
Overview
Learning Objectives
6.1 Electoral Systems
6.1.1 First past-the-post
6.1.2 Second ballot
6.1.3 Proportional Representation
6.2 Presidential And Parliamentary Systems
6.2.1 Presidential systems
6.2.2 Parliamentary systems
6.3 Presidential Systems In The Commonwealth Caribbean
6.3.1 Transfer of the source of state power
6.3.2 Methods of election
6.3.3 The exercise of presidential powers
6.4 Commonwealth Caribbean Systems Of Government
6.4.1 Westminster model
6.4.2 Whitehall model
Summary
OVERVIEW
In this unit, we will study three main themes. The first is the fundamental
methods of election in democratic societies; the second is the functioning
of systems of government in terms of both theory and practice; and the
last is the Commonwealth Caribbean systems of government.
Accordingly, this unit begins by discussing the electoral systems
covering the first past-the-post, second ballot, party list and single
transferable vote systems. Next, the unit examines the two fundamental
types of government, i.e., presidential and parliamentary, under which
we can classify most countries of the world. The actual systems of
government that we will study in this context are those in the U.S.A. and
the U.K., in general, and the Commonwealth Caribbean, in particular.
For your information, the independent nations of the Commonwealth

Caribbean and their years of independence are given below in
chronological order:
Jamaica (1962); Trinidad and Tobago (1962); Guyana (1966); Barbados

(1966); the Bahamas (1973); Grenada (1974); Dominica (1978); St.
Lucia (1979); St. Vincent and the Grenadines (1979); Antigua and
Barbuda (1981); Belize (1981); St. Kitts/Nevis (1983).
83
LEARNING OBJECTIVES
• discuss the functioning of the main electoral systems of world

democracies;
• examine the two major types of governmental systems, i.e.,
presidential and parliamentary, that operate in world democracies;
• analyse the presidential systems in the Commonwealth Caribbean;
• explain the Commonwealth Caribbean systems of government, both
from a historical and a structural-functional point of view.
6.1 ELECTORAL SYSTEMS
In this section, we will study the functioning of the world's major electoral
systems. For this purpose, we will examine:
• the first past-the-post system based on the method of plurality as

opposed to majority;
• the second ballot system based on the method of a second
election to guarantee a majority winner if there is none on the first
ballot;
• the party list system of proportional representation which allocates
seats in proportion to votes cast for parties;
• the single transferable vote system of proportional representation
based on the use of preferential voting to determine winners.
Let us now discuss each of these electoral systems in turn.
6.1.1 First past-the-post

This system operates on the basis that the person who receives the
highest single number of votes cast in a single-member constituency will
be declared the winner over all other candidates. In essence, as we
mentioned earlier, it relies upon the principle of plurality as opposed to
the principle of majority.
Consider the following hypothetical situation showing the position of

candidates of parties in terms of votes in a constituency:
• Party A: 5,000 votes;

• Party B: 4,000 votes;
• Party C: 3,000 votes;
• Party D: 2,000 votes.
In the above case, going by the first past-the-post system, it is clear that
Party A is the winner, because it has secured the largest single number
of votes cast when compared to the other parties. In other words, the
fact that there are 9,000 votes that were not cast for Party A is
immaterial, because plurality and not majority is the key to victory in this
electoral system.
84
This virtual simplicity makes the first past-the-post system very easy to
operate. However, there have been criticisms of this system on the
ground that the winner may not always emerge with a majority, but rather
with a plurality. In such cases, the will of the electorate may not be seen
to be satisfied. This has led to reforms that seek to find a majority as the
key to victory in all cases.
Yet, you should note that it would be impossible to find a majority without
some formula, if the first past-the-post method is to be used on a single
occasion. In some countries, the desire for a majority winner is more
important than a simple system. As a consequence, a second ballot is
required in order to find a majority winner.
6.1.2 Second ballot

The principle behind the second ballot is that a victorious candidate
should always have the majority support of the electorate. In order to
achieve this, a second ballot is held subsequently, if no one is able to
capture more than 50% of the votes cast on the first ballot. In this second
ballot, only the top two finishers from the first ballot will contest against
each other, thereby ensuring that one of them will get more than 50% of
the votes cast.
For example, in the hypothetical situation mentioned in Subsection 6.1.1,

no party candidate has secured more than 50% of the total votes cast
(i.e., more than 7,000) and, therefore, a second ballot will be held
between the candidates of Party A and Party B alone, as they were the
top two finishers on the first ballot. It is obvious that either Party A or
Party B will emerge the winner with a majority.
In this system, the choices for the electorate are narrowed if no

contestant can get more than 50% of the votes cast on first ballot. This
system determines the choices available to the electorate in order to
provide a majority winner, if there is to be a second ballot.
A very useful of how this operates can be seen in an examination of the

1995 French Presidential election which produced the following outcome:
Candidates First Ballot Second Ballot

Lionel Jospin (Socialist Party) 22.3% 47.4%
Jacques Chirac (Rally for the Republic) 20.8% 52.6%
Edouard Balladur (Rally for the Republic) 18.6%
Jean-Marie Le Pen (National Front) 15.0%
Robert Hue (Communist Party) 8.6%
Arlette Laguiller (Workers’Struggle) 5.3%
Phillipe de Villiers (Another Europe) 4.7%
Dominique Voynet (Greens) 3.3%
Jacques Cheminade (Federation for
a New Solidarity) 0.3%
What can be immediately observed here is that on the first ballot, Lionel
Jospin emerged as the leader with the largest single number of votes
cast for him. However, under the rules of the second ballot system, a
winner can only be declared when a candidate earns more than 50% of
the votes cast.
85
As a consequence, he qualified to participate in the second ballot

together with Jacques Chirac who finished second on the first ballot. No
votes are transferred from the first ballot to the second, which means that
each voter is free to vote however they wish between the two candidates
in a second ballot.
The second ballot was contested only between Jospin and Chirac and
the outcome was that Chirac was able to earn more than 50% of the
votes cast. This meant that he was declared the winner and became the
President of France.
6.1.3 Proportional representation

Having examined plurality and majority as electoral formulae, let us now
look at proportionality as the third electoral formula.
We will now explain what we mean by proportional representation.

There are two major types of proportional representation – the Party List
and the Single Transferable Vote Systems
(i) Party List System: This system places emphasis upon the
allocation of the number of seats in the Legislature to political parties
contesting an election, in proportion to the votes cast for each party. In
order to achieve this type of distribution, the total number of votes cast is
divided by the total number of seats to determine the quota which will
determine the allocation for each party. There are different versions of
the party list system of proportional representation :
(a) One set of systems determines seat allocation by subtraction,

while another set determines seat allocation by division.
(b) The ones based on subtraction are called “largest remainder”

systems.
(c) The ones based on division are called “highest average” systems
and use a divisor.
(d) The most common “largest remainder” systems are the Hare,
Droop and Imperiali quotas, while the “highest average” systems use
either the d’Hondt or modified Saint Lague methods of division.
(e) The Hare method is based on total valid votes divided by number
of seats, ie. votes / seats = quota to determine allocation of seats per
party. For example, the 1964 General Election result in British Guiana
was :
PPP - 109,332 votes = 24 seats

PNC - 96,657 votes = 22 seats
UF - 29.612 votes = 7 seats
Justice Party - 1,334 votes = 0 seats
GUMP - 1,194 votes = 0 seats
Peace Party - 224 votes = 0 seats
NLF - 177 votes = 0 seats
TOTAL VOTES – 238,530

86
In order to calculate the method of allocation, divide the number of votes

cast (238,530) by the number of seats to be allocated (53) in order to
establish the quota. In this case, the quota was 4,500. Divide the votes
cast for each party by the quota to determine the individual party
allocations. In this case the allocations and the remainder votes were :
PPP = 24 seats and 1,332 remainder

PNC = 21 seats and 2,157 remainder
UF = 6 seats and 2,612 remainder
Owing to the fact that under the Hare system of proportional

representation the parties with the largest remainders are allocated the
remaining seats in accordance with the size of their remainders, the two
remaining seats were allocated on the basis of one each to the UF and
the PNC (in that order). As a result, the final tally of seats for the PNC
was 22 and the final tally of seats for the UF was 7.
(f) The Droop method is based on total valid votes divided by

number of seats plus one, then add one to the final result for the quota
and ignore the fractions, i.e. [(votes / seats + 1) + 1] = quota to determine
allocation of seats per party.
(g) The Imperiali method is based on the total valid votes divided by
the number of seats plus two, i.e. (votes / seats + 2) = quota to
determine allocation of seats per party.
(h) The d’Hondt divisor method uses 1,2,3,4, etc. as its divisors until
all the seats have been allocated.
(i) The modified Saint Lague divisor method uses 1.4, 3,5,7, etc. as
its divisors until all the seats have been allocated.

Take the 1964 British Guiana elections and
convert its outcome using the other part list
methods of proportional representation.
Note:
87
(ii) The Single Transferable Vote : This is based upon preferential

voting whereby the voter has the option to cast a vote on the basis of
ranked preferences. This type of system is used in multi-member
constituencies where there is more than one Member of Parliament
(M.P.). In contrast to the party list system, the voters vote for candidates
and not for parties. This system is used in the Republic of Ireland. The
votes are counted on first preference to determine:
• how many votes were cast;

• what the quota will be for each constituency.
Using the Droop formula (shown above), candidates can be

declared elected by earning the number of votes set by the
quota, based on each level of preference. We shall explain this
system with the help of an example. The Droop formula is :
Total valid votes

-------------------------------------- = (x) + 1 = Droop quota
(Total number of seats) + 1
In the formula above, x equals the total number of valid votes

divided by the total number of seats plus one. In order to arrive at
the Droop quota, the calculation of x + 1 must be done.
Suppose in a three-member constituency, on the basis of first

preference counting, Parties A, B, C and D obtained, respectively,
6,501; 4,201; 3,798 and 3,500 votes. The total number of votes
cast is 18,000. The quota for this constituency, therefore, is 4,501
votes (18,000/3+1 = 4,500. Then add 1 to determine the Droop
quota which will be 4,501.
In order to be declared elected, a victorious candidate requires

4,501 votes as each level of preference is counted. Based on the
first preference votes above, the candidate for Party A can be
declared elected, so second preference votes become necessary
for determining the winners of the other seats.
The surplus votes in excess of the quota from Candidate A will be

transferred in accordance with the preferences of the voters shown
on those excess ballot papers. At the same time, the second
preferences on the remaining ballot papers will be counted. If a
candidate earns 4,501 votes on second preference, then that
candidate will be declared elected.
If only one candidate is so elected, then any surplus votes from

that candidate will be counted on third preference together with the
remaining ballots. The candidate who earns 4,501 votes will be
declared elected.
The single transferable vote system, thus, allows the voter much
greater freedom to choose between parties based on their
perception of the quality of the candidates. At the same time, there
are many voters who may choose a straight party line as regards
preferences. However, you should note that in this system no
votes are wasted as the surplus votes are counted on a lower
preference if no one is declared elected on a higher preference.
That is, no winner on first preference means a counting of second
preference votes, and so on.
88

Use the results of previous general elections
under the first past-the-post system in any
Commonwealth Caribbean country to compare the
actual outcome with the possible party list
outcome. Remember that the psychology of the
election would have been altered by a change
of system, so the findings cannot be deemed as
conclusive of a case either for change or
retention of the existing system.
Note:
6.2 PRESIDENTIAL AND PARLIAMENTARY SYSTEMS
Presidential and parliamentary systems are the two main types of

governmental systems that operate in the democracies of the world
today. Presidential systems, as in the United States of America (USA),
are based on separate elections for the Executive and the Legislature,
and they are independent of each other for their existence. By contrast,
parliamentary systems, as in the United Kingdom, are based on a
system in which the Executive is formed by a majority from the elected
house of the Legislature. In this case, both the Executive and the
Legislature have the power to dismiss each other.
Let us discuss each of these systems in detail, next.
89
6.2.1 Presidential systems

As mentioned earlier, in this system there is a fair amount of
independence between the Executive and the Legislature. That is to say,
neither side is able to dismiss the other. To discuss this system, let us
use, as an example, the practice in the USA.
In the United States, Presidents are elected by the people in an election

held every four years in a leap year, on the first Tuesday following the
first Monday in November (Election Day). The choice of Cabinet is
dependent upon the nominations of the President being ratified by the
Senate. This usually takes place during the transition period between
Election Day in November and inauguration day on the 20th of January
thereafter.
Presidents are not always guaranteed to have all of their nominations

ratified by the Senate, although the majority of nominations over the
years have been so ratified. However, there are notable exceptions such
as the rejection of the nomination by President-elect George Bush of
John Tower as Secretary for Defence in 1988; the withdrawal of Zoe
Baird as the nominee of President-elect Bill Clinton for the office of
Attorney General in 1992; and, the withdrawal of the nomination of
Bernard Kerik as the nominee of President George W. Bush as
Secretary for Homeland Security in 2004.
The elections for the Congress in the United States vary between the
House of Representatives and the Senate. All 435 members of the
House of Representatives are elected every two years, while one-third of
the 100 members of the Senate is elected every two years by rotation at
the same time as members of the House of Representatives. Senators
serve for a period of six years once elected.
The point here is that Presidents of the USA are not dependent upon a
majority in the Congress for their term of office. However, you should
note that in presidential systems, there is usually a process of
impeachment in which the Legislature can remove a President from
office. The two known attempts to impeach a President of the United
States have both failed to earn the required two-thirds majority vote in
the Senate, namely President Andrew Johnson in 1868 and President
Bill Clinton in 1999.
At the same time, the President usually possesses a power of veto over
legislation enacted by the Legislature. This veto can be overridden by a
two-thirds majority vote in the House of Representatives and the Senate.
6.2.2 Parliamentary systems

The fundamental feature of a parliamentary system is that the formation
of the Executive branch of government is determined by the composition
of the Legislature. The ability of the government to earn the support of a
majority of the elected Members of Parliament is the key factor behind
the appointment of the Prime Minister, and the formation of a Cabinet.
The Prime Minister is usually appointed by the Head of State on the

basis of his or her own political judgement as to who commands the
support of a majority in the elected house of the Legislature. After that is
done, the Prime Minister usually advises the Head of State about the
formation of the Cabinet as well as about junior ministerial appointments.
90
The Cabinet is the principal instrument of policy, insofar as it exercises

general direction and control over policy. To this end, Cabinet is
collectively responsible to Parliament for the general direction and
control of policy. In the same way, individual Ministers are individually
responsible to Parliament for the general direction and control of policy in
their respective ministries.
These principles of Cabinet government, i.e., collective responsibility and

individual ministerial responsibility, have general rules that govern their
application. Let us now look at these rules.
Collective responsibility
The rules that govern the collective responsibility of theCabinet to

Parliament include:
(i) The confidence rule: This implies that the ability of Cabinet to
exert direction and control is a function of the enjoyment of the
confidence of a majority of elected members in the Legislature.
This emphasises the importance of the Government (as
represented by Cabinet) as being able to hold power only so long
as it is able to command the support of a majority of elected
members in the Legislature. The consequence of losing that
majority is the loss of power. A majority may be lost by either an
adverse result in a general election or defeat on a motion of no
confidence in the elected House of the Legislature.
(ii) The confidentiality rule: This implies that all Cabinet documents
and discussions must remain confidential so as to preserve official
secrecy in the making of Cabinet decisions. This emphasises the
fact that the State must be allowed the opportunity to determine
policy measures away from the glare of publicity before public
announcement. This reinforces the idea of internal debate among
Ministers, as well as it recognises the role of official secrecy in the
conduct of governmental affairs.
(iii) The unanimity rule: This implies that Cabinet can only speak with
one voice so that government policy will always be unambiguous.
This is important insofar as the bureaucracy (public service) can
only implement one set of policies, and those are the official
government policies. Therefore, there cannot be factions of
Cabinet that express different views about policy publicly, as that
would be disruptive for purposes of implementation of official
policy.
Individual ministerial responsibility
The rules that govern individual ministerial responsibility to Parliament

include:
(i) The advice rule: This implies that Ministers are entitled to
departmental advice, but their decisions are their responsibility.
This emphasises the fact that all Ministers have the resources of
their ministries and departments at their disposal in order to seek
advice before making policy decisions. However, the bureaucracy
cannot be held liable for any advice tendered, as the final
91
responsibility rests with the Minister whose decision is the official

one to be implemented.
(ii) The culpability rule: This implies that Ministers are responsible
for errors of policy in their ministries. This emphasises the fact that
Ministers cannot blame their bureaucrats (public servants) for any
errors of policy, owing to the fact that such decisions are
exclusively limited to Ministers. Furthermore, a Minister is
accountable to Parliament, whereas bureaucrats are not.
(iii) The propriety rule: This implies that Ministers must conduct
themselves with propriety and professionalism in the discharge of
their duties. Ministerial dignity and decorum is important to
maintain the status of the office. For this, individual Ministers must
demonstrate a high degree of professionalism and propriety in the
way in which they conduct themselves.

Identify one important difference between
presidential and parliamentary systems of
government.
Note:
6.3 PRESIDENTIAL SYSTEMS IN THE COMMONWEALTH

CARIBBEAN
The post-independence era in the former British West Indies has

witnessed the creation of presidencies in Guyana (formerly British
Guiana), Trinidad and Tobago and Dominica.
In Guyana and Trinidad and Tobago, there was a transfer from the status
of an independent monarchy to an independent republic. This involved
the removal of the personal authority of Queen Elizabeth II as Queen of
Guyana and of Trinidad and Tobago, and the replacement of her
authority by presidencies, in which the executive authority of State is
vested. In Dominica, there was a direct transfer from associated
statehood to that of an independent republic in 1978, so that Queen
Elizabeth II did not exercise her personal authority over Dominica as its
Queen during any part of its independence period.
Guyana was an independent monarchy between 1966 and 1970, and

became a republic with a ceremonial President in 1970. However, in
92
1980, its presidency was significantly changed from a ceremonial one to

an executive one. Trinidad and Tobago was an independent monarchy
from 1962 to 1976, when it became an independent republic in 1976 with
a quasi-ceremonial President.
As a result of these different approaches to the development of

institutions for the exercise of State power by Executives, various issues
and constitutional dilemmas have arisen in the Commonwealth
Caribbean.
6.3.1 Transfer of the source of state power

The creation of independent monarchies changed the relationship
between Queen Elizabeth II and the former colonies of Trinidad and
Tobago and of British Guiana. She no longer acted on the advice of
British Ministers, instead as Queen of these independent monarchies
she acted on the advice of local Ministers. It is impossible for Queen
Elizabeth II to reside in all of the countries of which she is Queen, and,
therefore, it is necessary for her to have a personal representative in
each independent country. That personal representative is the
Governor-General. The authority of the Governor-General is grounded in
the Royal Prerogative of the British Monarchy, and it is these powers that
are exercised by the Governor-General on behalf of Her Majesty on the
advice of local Ministers.
The reality of this arrangement is that the executive authority of the State
is grounded in the Royal Prerogative of the British Monarchy. Ministers
pledge an oath of allegiance to Queen Elizabeth II, her heirs and
successors upon taking office. (In countries that have gained their
independence, this seems somewhat awkward since it belies the notion
of sovereignty within the true meaning of independence.)
The transfer from monarchical to republican status in Trinidad and

Tobago saw the transfer of the Royal Prerogative to the new republic as
the basis of their State power and the inclusion of transitional provisions
in the Act of Parliament and the new republican Constitution. In Guyana,
provision was already made in the Independence (monarchical)
Constitution of 1966 for Guyana to become a republic upon the approval
of a resolution to that effect in the National Assembly by simple majority
vote. There were no transitional provisions in the Constitution, but rather
replacement provisions. In 1980, Guyana enacted a new Constitution to
become the Co-operative Republic of Guyana.
In the case of Dominica, the island had become a State in free

association with the United Kingdom (i.e., an Associated State) in 1967,
under the provisions of the West Indies Act 1967. An Associated State
enjoyed full internal self-government, while citizenship, defence and
external affairs were the responsibility of the United Kingdom. Either
party (the United Kingdom or an Associated State) could withdraw from
the arrangement unilaterally under the provisions of the Act. The
Independence Constitution of Dominica of 1978 came into force on 3rd
November, 1978, together with an Order made after a resolution was
passed in the Dominica House of Assembly on 12th July, 1978 that
terminated Dominica's associated statehood following discussions with
the British Government. Transitional provisions relating to the transfer
from associated statehood to a sovereign democratic republic were
included in the Constitution.
93
6.3.2 Methods of election

The removal of monarchy and its replacement by republicanism in
Trinidad and Tobago, Guyana and Dominica created the need to design
a method of election to choose an indigenous Head of State, namely the
President of the Republic. It may be argued that this represented a
desire to express nationalist sentiment by severing whatever links may
have existed between the person of Her Majesty Queen Elizabeth II and
all that the British Monarchy stood for in the context of emerging
independent states that were searching for their own identity.
During the period of the monarchy, the appointment of the Governor-

General was based on Letters Patent from Her Majesty given on the
advice of the Prime Minister of the independent country. The
Governor-General in both Trinidad and Tobago and in Guyana held
office "during Her Majesty's pleasure". This expression has traditionally
been an eloquent form of expressing the complete dominance of the
Prime Minister over the appointment and tenure of office of the
Governor-General.
Owing to the fact that Queen Elizabeth II was Queen of Trinidad and
Tobago and also Queen of Guyana, it was evident that there was no
need to devise any formula for succession. The heir to the British
Throne would become the new Head of State of independent
monarchies in the Commonwealth upon succession.
Guyana
In Guyana, the President is elected directly by the people at a

national election. The President's election is linked with the
elections of Members to the National Assembly, insofar as the
party list system of proportional representation (recall Subsection
6.1.3) is used for the National Assembly. The Presidential
candidate heads the list of his or her party. However, the
President is elected on a first past-the-post basis (recall
Subsection 6.1.1) in relation to the other Presidential candidates,
while the seats in the National Assembly are allocated in
accordance with the Hare method of proportional representation.
This is a most curious mixture of the party list system of proportional

representation, and the first past-the-post system. The Members of the
National Assembly are chosen by proportional representation, while the
Presidency is determined by the first past-the-post system within the
confines of a system of proportional representation. With each elector
only having a single vote there can be no splitting of votes between
Presidential and Assembly candidates. The terms of office of both the
President and the National Assembly are co-terminous and last for five
years, unless the President sooner dissolves the National Assembly.
Trinidad and Tobago
In Trinidad and Tobago, the President is chosen by indirect election

through the Legislature. An Electoral College has been established for
this purpose which is a joint sitting of both the House of Representatives
(an elected House) and the Senate (a nominated House). The House of
Representatives determines the nomination of candidates for the
Presidency as the nomination papers of candidates must be signed by at
least twelve Members of that House. (At the time of writing, there were
94
thirty-six Members of the House and forty-one Members were approved

in 2005 for implementation at the general election to be held after that.)
The Speaker of the House of Representatives presides at sittings of the

Electoral College and voting is by secret ballot among the elected MPs
and the nominated Senators. Once elected, the President serves for a
term of five years which is not co-terminous with the life of Parliament.
There may be changes in the composition of Parliament as a result of a
dissolution and general elections, but these will not affect the tenure of
office of the President.
Dominica
In Dominica, the President may be chosen primarily through the

concurrence of the Prime Minister and the Leader of the Opposition, after
their consultation, and proposal of a joint nomination to the Speaker of
the House of Assembly of a candidate for the Presidency. The Speaker,
in these circumstances, will only be required to inform the House of
Assembly of the nomination and declare the candidate elected without
putting the question to a vote.
If, however, there is no concurrence between the Prime Minister and the
Leader of the Opposition as to a joint nomination, the Speaker shall
inform the House of Assembly of this development and within fourteen
days of so being informed, the Speaker may receive nominations for the
Presidency. The Prime Minister or the Leader of the Opposition, or any
three Members of the House of Assembly, may submit nominations to
the Speaker. The Speaker shall put the nominations to a vote by secret
ballot and then declare the winning candidate elected. The President
serves for a period of five years and his or her term is not co-terminous
with Parliament.
Unlike Trinidad and Tobago and Guyana, there is a term limit of two
terms imposed on the office of President in Dominica.
Comparative analysis of methods of election
As seen above, the methods of election vary from the direct choice of the
electorate, to the indirect choice of the Legislature, to the concurrence of
the Prime Minister and the Leader of the Opposition. In all instances, the
President serves for a period of five years.
The election of Presidents in Trinidad and Tobago and in Dominica

highlight the challenges of devising methods of election that allow the
holder of the office of President an important measure of legitimacy
without competing with the Prime Minister and Cabinet for dominance in
the system.
The method of indirect election dominated by the elected representatives

of the people in Trinidad and Tobago caters to that need. In Dominica,
what is addressed primarily is the political acceptance of the President to
both the Government and the Opposition, insofar as the Prime Minister
and the Leader of the Opposition are required first of all to seek a joint
nomination.
Guyana differs substantially from these two republics, owing to the

method of direct election used for the Presidency. This places the office
in a position to exercise its own powers directly, rather than on the
95
advice of Cabinet, and makes it an executive Presidency. Trinidad and

Tobago and Dominica may be described as having quasi-ceremonial
Presidencies based on the mixture of advisory and discretionary powers
exercised by both Presidents.
6.3.3 The exercise of presidential powers

The powers of the Presidencies of Dominica, Guyana and Trinidad and
Tobago are exercised in differing ways, as follows:
• Dominica and Trinidad and Tobago: In general, Presidents

exercise their powers on the advice of the Cabinet, or a Minister
acting under the general authority of the Cabinet. However, by way
of exception to this general rule, the Constitution or any other law
may specify, in certain circumstances, that Presidents are authorised
to act on the advice of, or after consultation with, any person or
authority other than Cabinet, or that they may act in their own
deliberate judgement.
• Guyana: In general, the President exercises his / her powers in his /

her own deliberate judgement. However, by way of exception, the
Constitution or any other law may specify, in certain circumstances,
that the President be required to act in accordance with the advice or
recommendation of any person or authority. In such cases,
Presidents may, in their own deliberate judgement, refer any such
advice or recommendation back for reconsideration to the person or
authority concerned. After reconsideration by the person or authority
concerned, Presidents shall act in accordance with either the original
or substituted advice or recommendation, as the case may be.
A new exercise of state power: consultation
It is noticeable that the 1970 Presidency that was created in Guyana did
not include an exercise of powers after consultation, while the 1976
Presidency in Trinidad and Tobago did. This was not a power that was
previously exercised by either Her Majesty or Her Governor-General in
relation to either country. It was a novel creation in Trinidad and Tobago
in 1976, and was subsequently adopted by Dominica in 1978. Guyana
also adopted it in 1980 within the confines of deliberate judgement, but
its Presidency is an executive one that is politically responsible for its
actions.
The idea of consultation can be traced back to the recommendations of

the 1971-74 Constitution Review Commission in Trinidad and Tobago
under the chairmanship of Sir Hugh Wooding. The endorsement of this
proposal by the Government of Trinidad and Tobago saw its introduction,
in a substantive way, into the 1976 republican constitution. Its influence
has spread since then, even into the monarchical constitutions of some
associated states that attained their independence from the United
Kingdom after 1976, namely St. Lucia, and Antigua and Barbuda.
While there is evidence to show that consultation was mentioned in the

1973 independence constitution of the Bahamas, its operation did not
resemble what was later proposed and introduced in Trinidad and
Tobago. This new means of exercising State power has diluted the
powers of the political directorate. More so in Trinidad and Tobago than
in Dominica, owing to its widespread use in the former and its limited use
in the latter. In Guyana, its use must be seen within the confines of the
96
exercise of the deliberate judgement of the President who is elected

directly by the people. This creates the dimension of political
responsibility for Presidents and earn for them the right to exercise the
largest portion of their powers in their own deliberate judgement.
Point to note
In this section, we made an attempt to show, in a comparative way, the

development of Presidencies in the Commonwealth Caribbean and the
new directions in the exercise of State power that have emerged. You
should note the issue of political responsibility for the exercise of the
powers of the Presidency after consultation, and the widening of the
powers exercised in the deliberate judgement of the Presidents of
Guyana and of Trinidad and Tobago in relation to the office of
Governor-General that preceded them. Dominica did not engage in any
post- independence constitutional reform and, therefore, its Presidency is
a product of the transfer from colonial status to independent status itself.
These developments must be seen in the context of the creation of a

constitutional model that has deviated considerably from the
Westminster model. This author has argued elsewhere about the
creation of a Whitehall model in the Commonwealth Caribbean which
removes the myth that the constitutions of these Commonwealth
Caribbean countries can be classified as being Westminster-model
constitutions. The introduction of powers of consultation for the three
Presidencies discussed here and the widening of their powers of
deliberate judgement and discretion support the view of the creation of a
Whitehall model. We shall study these issues in Section 6.4.

Highlight the main features of presidencies in
the Commonwealth Caribbean.
Note:
6.4 COMMONWEALTH CARIBBEAN SYSTEMS OF

GOVERNMENT
The historical analysis of the Commonwealth Caribbean systems of

government includes the evolution of representative and responsible
government, the attempt at a federation, the attainment of independence,
and the introduction of republicanism. And, the structural-functional
97
analysis will involve an examination of the major common features of the

eleven parliamentary systems and the one presidential system (Guyana)
in the region. However, the focus of this section is on their comparative
differences with the Westminster model.
The following quotation summarises the essence of the creation of the

constitutional systems of government in the Commonwealth Caribbean:
…[I]t is widely supposed that British policy, if it has ever had

any long term aims at all, has throughout the centuries of
imperial rule - 'the Commonwealth experience' - been at
pains to establish, even to impose, in the dependencies of
the Crown a Westminster model, irrespective of local wish or
circumstance: that the Mother of Parliaments was concerned
to spawn a brood of little Westminsters and to export them to
the colonies. Though this is the common currency of
contemporary British politicians, and of British
schoolmasters, it seems on investigation to be substantially
quite untrue. (A. F. Madden, Journal of Imperial and
Commonwealth History, Vol. 8 (1) 1979).
While Madden devotes the thrust of his article to disproving the thesis
that the British Government ever had any intention of establishing the
Westminster model overseas, he fails to address the reality of what was
erected for the ex-colonies at their independence by Britain.
On closer examination, it can be seen that a completely unique system

of government was introduced. By identifying and describing that unique
system of government and the legislative institutions that were created
and subsequently retained, we can prove the myth of the transfer of the
Westminster model to the Commonwealth Caribbean.
6.4.1 Westminster model

The Westminster model has been described as:
a constitutional system in which the head of state is not the

effective head of government; in which the effective head of
government is a Prime Minister presiding over a Cabinet
composed of Ministers over whose appointment and removal
he has at least a substantial measure of control; in which the
effective executive branch of government is parliamentary in
as much as Ministers must be members of the legislature;
and in which Ministers are collectively and individually
responsible to a freely elected and representative legislature.
(S. A. de Smith, The New Commonwealth and its
Constitutions. London, Stevens and Sons, 1964, pp. 77 -
78.)
This definition, as de Smith rightly confesses, is a narrow one. It is

narrow because it emphasises the executive and legislative branches of
government to the exclusion of the role, powers, duties and functions of
the judiciary. The definition is apt only as far as it goes, which confirms
the need for a broader definition, particularly in the Commonwealth
Caribbean, as well as the renaming of the model.
This is necessary owing to the very important role that is carved for the
judiciary in the constitutions of the Commonwealth Caribbean. The
98
presence of a Bill of Rights in the constitutions and the consequent

power of redress held by the citizens against the Executives and the
Legislatures, coupled with other significant provisions, have made the
judiciary in the Commonwealth Caribbean far too important for an
exercise in redefinition and remodelling to be ignored.
Sacred Westminster doctrines, such as the Supremacy of Parliament,

find themselves being challenged in the constitutions of the
Commonwealth Caribbean because of the presence of Bills of Rights in
those constitutions. Furthermore, the spirit of the Westminster model
cannot comfortably settle itself in the Commonwealth Caribbean because
of substantial parliamentary and procedural differences in its
architecture. These differences have fundamentally altered the character
and content of the so-called Westminster model in the Commonwealth
Caribbean. And so, to continually refer to the Commonwealth Caribbean
systems of government as a manifestation of the Westminster model can
be regarded as a misnomer.
The idea of the Westminster model as defined by de Smith, and the

export of that model as discussed by Burns in Parliament as an Export
(London, George Allen and Unwin, 1966), would have suited the 1960s
and early 1970s. This was an era during which many new states gained
their independence from Great Britain and the composition of the British
Commonwealth assumed a greater Third World representation. It was
too early to assess the impact and the significance of the constitutions
that had been established in many of these newly-independent states,
especially in the Commonwealth Caribbean whose era of independence
started in 1962 with Jamaica and Trinidad and Tobago.
By the late 1970s, doubts about the Westminster model and its export
were expressed. Madden rejected, in a general sense, the idea that the
Westminster Model of Government could be exported and established
overseas.
In fact, Madden argued that it was never the intention of British colonial
administrators to export the Westminster Model in its purest form.
According to him, "the only true Westminster model remained inevitably
at home in Westminster: it was not intended for export, but was strictly 'to
be consumed only on the premises'".
This argument, therefore, begs the question: If the Westminster model

was not exported, then what was? Madden does not answer this
question and indeed he makes a curious assertion with which there can
only be disagreement.
According to him:
Canadians, Australians and Indians made constitutions

which they believed would last. The new generation of
constitution makers in the 1950s and 1960s were not
concerned with creating a permanent instrument for
government so much as a device for securing independence
which could be altered subsequently at will. Something akin
to the British model might serve its temporary purpose in
allaying fears in Britain about transferring power. But it
remains to be proved that it is appropriate for the tasks of
self-government anywhere else than in Britain.
99
This assertion is inappropriate with reference to the Commonwealth

Caribbean where constitutions "akin to the British model" have been
established. Forty-four years after the first territories in the
English-speaking Caribbean gained their independence from Great
Britain, only Guyana has actually undertaken any fundamental
constitutional reform to the extent that their constitution can no longer be
described as being "akin to the British model". All of the other countries
have made changes that can only be described as cosmetic and,
therefore, the identity of those constitutions have been preserved,
thereby allowing them to still be classified as belonging to the Whitehall
model (see Subsection 6.4.2, for details). Furthermore, the procedures
of entrenchment of the provisions of these constitutions have made them
secure from being "altered subsequently at will".
The Whitehall model, named by Leslie Wolf-Phillips in Parliamentary

Affairs 1984 37 (4), bears no relation to the Whitehall model advocated
by Anthony Birch in The British System of Government (London,
George Allen and Unwin, 4th ed., 1980, pp. 25 - 26) which stresses the
importance of the Crown in the British constitution, and places less
emphasis on the role and importance of Parliament. Birch's Whitehall
model relates to the United Kingdom, while Wolf-Phillips' relates to the
Nevertheless, the argument put forward by Birch is interesting in that it

reveals a disagreement about the concept of the Westminster model in
the United Kingdom itself. In these circumstances, the Whitehall model
overseas reflects the input of the Colonial Office and civil servants in
Whitehall (hence the
name) in the drafting of independence constitutions. However, this
exercise was not completely one-sided from the point of view of the
recipients.
The acceptance of the Whitehall model in the Commonwealth Caribbean

reveals a high degree of reverence for British-inspired constitutional
technique. This can be accounted for in terms of the fact that the
political elites of the Commonwealth Caribbean were brought up under
an English-influenced educational system, while those who went abroad
to study invariably went to England. Many of them became
barristers-at-law of the four Inns of Court, or solicitors. Furthermore, the
experiences of British colonialism would not have exposed these elites,
or the wider society, to any other type of constitutional formula, apart
from the British Constitution.
Indeed, it is in this context that one can understand the constitutional

thinking of one of the foremost scholars and politicians of the
English-speaking Caribbean, Dr. Eric Williams. In an address to a public
meeting, about 14 months before he became Chief Minister, in
Port-of-Spain, Trinidad on 19th July, 1955, Williams remarked, "The
Colonial Office does not need to examine its second hand colonial
constitutions. It has a constitution at hand which it can apply immediately
to Trinidad and Tobago. That is the British Constitution." (Eric
Williams, Constitution Reform in Trinidad and Tobago. Public Affairs
Pamphlet No. 2, Teachers' Educational and Cultural Association,
Trinidad, 1955, p.30.)
To reinforce his point, in the same meeting he said: "Ladies and

Gentlemen, I suggest to you that the time has come when the British
Constitution, suitably modified, can be applied to Trinidad and Tobago.
100
After all, if the British Constitution is good enough for Great Britain, it
should be good enough for Trinidad and Tobago."
As far as Eric Williams was concerned, his arguments cited here only
serve to reinforce the views of Major Wood expressed in 1922. It is in
this context that the Whitehall model must be viewed. That is to say, that
it consists of the British Constitution "suitably modified" (according to
Williams) or something "akin to the British model" (according to Madden).
No matter how one may wish to view it, there seems to be ample
evidence to show that the Westminster model was not exported or
transplanted to the Commonwealth Caribbean. It is at this point that an
inquiry into the fundamental tenets of the Whitehall model in the
Commonwealth Caribbean and the creation of its legislative institutions
must begin.

Describe the Westminster model of governance.
Note:
6.4.2 Whitehall model

The Whitehall model is the name that has been given to the systems of
government that were established in the Commonwealth Caribbean
when the various territories were granted their independence by Great
Britain. While the title was given to these systems of government by
Leslie Wolf-Phillips, (Parliamentary Affairs, Vol. 37(4), 1984), the
structure was further researched by Hamid Ghany for his doctoral
dissertation at the London School of Economics and Political Science.
Fundamental tenets
There are essentially five major tenets of the Whitehall model, and they
are:
(i) the inclusion of a Bill of Rights in the Constitution that curtails

the legislative supremacy of Parliament and the powers of the
Executive;
(ii) a unique bicameral system in eight of the twelve independent

countries;
101
(iii) a more rigid enforcement of the Separation of Powers than at

Westminster;
(iv) the written interpretation of unwritten Westminster

constitutional conventions thereby creating constitutional rigidity;
(v) the entrenchment of constitutional provisions that further

diminishes the legislative supremacy of Parliament.
Let us now elaborate on each of these tenets.
The Bill of Rights
The inclusion of a Bill of Rights that recognizes, declares and protects

the fundamental human rights and freedoms of the individual does not
exist in the constitutional formulae at Westminster. All of the independent
territories of the Commonwealth Caribbean have Bills of Rights, which
are enshrined and protected in their constitutions.
This is a major departure from the Westminster tradition. All of these

independent territories have followed the format of the European
Convention for the Protection of Human Rights and Fundamental
Freedoms for inclusion in their constitutions. This Convention was drawn
up by the Council of Europe in 1950. Trinidad and Tobago is the only
exception to this trend in the Commonwealth Caribbean in that it followed
the formula of the Canadian Bill of Rights 1960 for its constitution.
Regardless of the formula used, the direct effect of the inclusion of a Bill
of Rights in Caribbean constitutions is the diminishing of the effect of the
Westminster doctrine of the Supremacy of Parliament. This can be
clearly seen, for example, in the Constitution of Antigua and Barbuda:
Except as is otherwise expressly provided in this

Constitution, no law may abrogate, abridge or infringe or
authorise the abrogation, abridgement or infringement of any
of the fundamental rights and freedoms of the individual
hereinbefore recognised and declared. (S.I. 1981 / No.1106,
s.9.)
Not only does the Bill of Rights limit the Supremacy of Parliament, it also
places constraints on Executive action in the following way:
If any person alleges that any of the provisions of section 3

to 17 (inclusive) of this Constitution has been, is being or is
likely to be contravened in relation to him (or, in the case of a
person who is detained, if any other person alleges such a
contravention in relation to the detained person), then,
without prejudice to any other action with respect to the
same matter that is lawfully available, that person (or that
other person) may apply to the High Court for redress. [Ibid.,
s.18(l).]
Needless to say, none of this exists at Westminster. Indeed, the whole

character of the constitutions in the Commonwealth Caribbean is
fundamentally altered away from the Westminster model because the
Supremacy of Parliament is curtailed and Executive action can be
challenged. All of these Caribbean constitutions have essentially the
102
same provisions that have been quoted above from the Antigua and
Barbuda Constitution.
If the doctrine of the Supremacy of Parliament is diminished, then there

must be some other doctrine that is supreme. In the circumstances, what
is now being advocated is the doctrine of the Supremacy of the
Constitution. This is reinforced by the constitutions of the Commonwealth
Caribbean which have clauses similar to that of Trinidad and Tobago:
This Constitution is the supreme law of Trinidad and Tobago,

and any other law that is inconsistent with this Constitution is
void to the extent of the inconsistency. (Laws of Trinidad
and Tobago, Ch. 1:01, Schedule, s. 2.)
This doctrine of the Supremacy of the Constitution is one that is

diametrically opposed to the doctrine of the Supremacy of Parliament
under the Westminster model. There is no constitution to regulate the
powers of Parliament at Westminster, however, under the Whitehall
model, Parliament is not supreme because of the Constitution. In these
circumstances, the Supremacy of the Constitution can be considered a
Whitehall doctrine.
It is in this context that we should now consider the second tenet of the
Whitehall model, i.e., the unique bicameral system. This is to be found in
eight of the twelve independent countries of the Commonwealth
Caribbean.
The unique bicameral system

The uniqueness of the bicameral system in the eight countries (recall
Section 5.2) is based on the fact that:
(i) of the eighteen countries in the British Commonwealth of Nations

that have bicameralism, six are federations (Australia, Canada,
India, Malaysia, Pakistan and South Africa). Of the rest, eight of
them are in the Commonwealth Caribbean, and they are unitary
states.
(ii) unlike Westminster, Commonwealth Caribbean bicameralism is

based on nomination through patronage with no security of tenure.
For example, at Westminster, there are four types of peers in the
House of Lords.
• Hereditary peers: They are recruited into the House of Lords on the
basis of succession to title through the principle of primogeniture.
Since 1999, they have been limited to 92 in number.
• Life peers: They are appointed on the advice of the Prime Minister
in accordance with the provisions of the Life Peerages Act 1958
and hold office for the duration of their lives with no rights to
succession.
• Spiritual peers: They sit in the House of Lords by virtue of their
senior positions in the Church of England.
• Law lords: They are appointed because of their senior and
renowned reputations in the legal profession and they sit both as
legislators and judges, because the House of Lords is both a court
and a legislative body.
103
In the Commonwealth Caribbean, on the contrary, there is no duality of

functions between Senate and the Supreme Court. Both perform
different functions. Furthermore, dissolution does not affect the tenure of
all peers at Westminster, whereas it affects the tenure of all Senators in
the Commonwealth Caribbean in that they vacate their seats with no
guarantee of resumption.
The principle of nomination for seats in the legislature was the basis of
the system of Crown Colony government that was implemented widely
by the British Government in its Caribbean colonies. Under this system, it
was the Governor of the colony who nominated persons to the
Legislative Council to serve as legislators. The concept of representative
government emerged in the twentieth century alongside the principle of
nomination, as the franchise was gradually extended and the number of
elected seats in the Legislative Councils of the region was also
increased.
Bicameralism provided a way for the elected members of the Legislative

Councils to be separated from the nominated members who could be
placed in another chamber so as to ensure the continued representation
of various interests in the legislative process.
However, there has been no attempt to alter these legislative systems in

the post-independence era. In Trinidad and Tobago, there was
constitutional reform in 1976 whereby the country became a republic and
the Senate was retained and enlarged so that the formula of appointment
according to section 40(2) of the Constitution, is as follows:
Of the thirty-one Senators:
(a) sixteen shall be appointed by the President acting in

accordance with the advice of the Prime Minister;
(b) six shall be appointed by the President acting in

accordance with the advice of the Leader of the
Opposition; and
(c) nine shall be appointed by the President in his

discretion from outstanding persons from economic or
social or community organisations and other major
fields of endeavour.
Basically, there have always been three categories of Senators in

Trinidad and Tobago, that is, Government, Opposition and Independent
Senators. The last category owes no allegiance to any party or anyone
and can vote without toeing a party line. A majority of Commonwealth
Caribbean bicameral systems have these independent Senators.
The more rigid separation of powers
The Separation of Powers is a feature of the system of government at

Westminster. However, there is considerable overlap between the
various branches of government, i.e., the Executive, Legislature and
Judiciary. The Westminster model recognises that the control of the
Executive is dependent upon the control of the Legislature, and the
member of the House of Commons (the elected House) who is able to
104
command the support of a majority of those members will be appointed

Prime Minister.
This situation is the same in the Whitehall model. However, that is where
the similarities end, because there are other offices and institutions that
defy the Separation of Powers in the Westminster model. For example,
the Lord Chancellor is appointed on the advice of the Prime Minister and
sits in Cabinet as its principal legal adviser. By virtue of his office he is
required to preside over the House of Lords (the Upper House). At the
same time, the Lord Chancellor is the Head of Judiciary under the
Westminster model. He may be considered the "Trinity" of the
Constitution in that he operates in total defiance of the Separation of
Powers by performing functions in the three arms of the State.
Recent constitutional developments in the United Kingdom demonstrate

that this role of the Lord Chancellor as Head of the Judiciary is to be
changed.
Needless to say, this diluted Separation of Powers is a major

characteristic of the Westminster model. This is further reinforced by the
House of Lords performing the duty of the final Court of Appeal for cases
in the United Kingdom. The Lords of Appeal who sit and hear cases also
belong to the House of Lords, where they sit as legislators and thereby
perform dual functions.
In Trinidad and Tobago, for example, Justices of Appeal hold office in

accordance with sections 136(4) and 137 of the Constitution. The effect
of section 136(4) is such that Justices of Appeal would have to vacate
their office, if they were to be appointed Senators with their consent. In
other words, there is no dual role for Justices of Appeal as judges and
legislators in Trinidad and Tobago. This example also applies to the
other independent countries of the Commonwealth Caribbean.
There is no institutional overlap in the Whitehall model, unlike the

Westminster model, where there is an overlap between the House of
Lords as a legislative body and the final Court of Appeal. In addition,
there is no equivalent of the Lord Chancellor in the constitutions of the
Commonwealth Caribbean. Quite clearly all of this was left behind at
Westminster.
The performance of duty under the diluted Separation of Powers of the

Westminster model is based on the application of unwritten conventions
to constitutional behaviour. Under the Whitehall model in the
Commonwealth Caribbean, there has been an attempt to have these
conventions written into the various constitutions.
Written constitutional conventions
As written documents, there is a certain degree of rigidity in the

interpretation of these conventions as opposed to Westminster, where
there is a high degree of flexibility owing to the fact that the conventions
are unwritten. These conventions in the Whitehall model constitutions
have all been copied from Westminster. However, because of different
interpretations and even competing schools of thought, it is difficult to
render in writing the varying effects of an unwritten convention.
105
Conventions in the Westminster model are central to the operation of the

British Constitution. Indeed, they have been described in the following
way:
One is that conventions are what we might call the positive

morality of the Constitution - the beliefs that the major
participants in the political process as a matter of fact have
about what is required of them. On this view the existence of
a convention is a question of historical and sociological fact.
The alternative possibility is that conventions are the rules
that the political actors ought to feel obliged by, if they have
considered the precedents and reasons correctly. This
permits us to think of conventions as the critical morality of
the Constitution. (Geoffrey Marshall, Constitutional
Conventions, Clarendon Press, Oxford, 1984, pp. 11 - 12.)
While there may be two views about the purpose and existence of
conventions, there are some conventions that have more than one
interpretation. One such area is the power of dissolution of Parliament
that is exercised by the Monarch on the advice of the Prime Minister. At
least that has been the popular view, yet it must be stated that there
have been Ministers in the Westminster system who have argued that
the Monarch is not bound to grant a dissolution upon request by the
Prime Minister.
For example, in 1974, there was a minority Labour Government in Britain

and after a few months in office there was some discussion about
another general election being held to break the deadlock that existed in
the House of Commons. The then Leader of the House of Commons, Mr.
Edward Short, told backbenchers that, "Constitutional lawyers of the
highest authority are of the clear opinion that the sovereign is not in all
circumstances bound to grant a Prime Minister's request for a
dissolution". (The Times, 11th May, 1974.)
What this serves to demonstrate is that there are two schools of thought
in the Westminster model about dissolution. However, the Monarch is
not restricted by a written and narrow constitutional interpretation of the
Crown's position on an interpretation of the issue. There is apparently
some flexibility enjoyed by the Crown in the exercise of this power. Either
the Monarch must grant a dissolution upon the request of the Prime
Minister, or the Prime Minister may seek a dissolution of Parliament and
the Monarch will consider the request based on the particular situation.
This dual interpretation has clearly made its way into the constitutions of
the Whitehall model and represents the dilemma faced by constitutional
draftspersons codifying unwritten practices in a written constitution. For
example, the power of dissolution is expressed differently in Trinidad and
Tobago and in St. Lucia as follows:
106
TRINIDAD AND TOBAGO ST. LUCIA
Section 68(1) Section 55(4)
"The President, acting in accordance "In the exercise of his powers to

with the advice of the Prime Minister, dissolve Parliament, the Governor-
may at any time prorogue or dissolve General shall act in accordance with
Parliament." the advice of the Prime Minister:
Source: Laws of the Republic of Provided that:

Trinidad and Tobago, c. 1:01.
(a) if the Prime Minister advises a
dissolution and the Governor-General
acting in his own deliberate judgement,
considers that the government of St.
Lucia can be carried on without a
dissolution and that a dissolution would
not be in the interests of St. Lucia, he
may, acting in his own deliberate
judgement, refuse to dissolve
Parliament; …"
Source: The St. Lucia Constitution

Order 1978, S.I. 1978/No. 1901.
In Trinidad and Tobago, the President simply acts on the advice of the
Prime Minister in respect of a dissolution. In St. Lucia, the
Governor-General has been accorded a legal right to refuse the advice
of the Prime Minister in respect of a dissolution of Parliament. However,
the Governor-General cannot take it upon himself or herself to dissolve
Parliament on his or her own. The advice of the Prime Minister is
necessary and the Governor-General can consider the advice tendered
and then agree or disagree. The St. Lucian provisions are found in Belize
and in St. Vincent and the Grenadines. The remaining Commonwealth
Caribbean countries have similar provisions as in Trinidad and Tobago.
Quite clearly, the flexibility of Westminster has not been transferred to

the Caribbean in the sense that the interpretations are not the same with
respect to the power of dissolution. The same can be said for a number
of other conventions where the impact of a written constitution has
altered their character by making them far more rigid than their
Westminster precedents. For example, the appointment of a Prime
Minister, motions of no confidence, Ministerial responsibility, etc.
The entrenchment of constitutional articles
The constitutions of the Commonwealth Caribbean are all protected from

easy amendment by the entrenchment of their provisions. Essentially,
Parliaments of the region cannot amend most of the text of their
constitutions by a simple majority because this is one of the various
checks and balances that have been placed in the constitutions to
protect them from political abuse or amendment.
107
Basically, the following are three types of entrenchment employed in the

constitutions of the Commonwealth Caribbean:
(i) Special majorities in the Parliament: All of the constitutions of

the Commonwealth Caribbean have this device which specifies
that certain sections of the constitution require special majorities in
the Parliament (either unicameral or bicameral). Unlike
Westminster, the Whitehall model dictates to its Parliaments the
majorities it must get in order to amend the constitution. At
Westminster, simple majorities alone are the order of the day and
there is no written constitution and, therefore, nothing to entrench.
(ii) Approval of Bills for amendment by referenda: Some of the

constitutions of the Commonwealth Caribbean require that certain
Bills that seek to amend the constitution be subjected to approval
by a referendum after they have been passed in the Parliament.
This is alien to the Westminster model. Furthermore, the
Supremacy of Parliament is curtailed because Parliament must
subject its authority to the votes of the electorate.
(iii) Time delay procedures between readings of a Bill for

amendment: Some of the constitutions of the Commonwealth
Caribbean specify that there should be a period of delay between
the first and second readings of a Bill in the Parliament that seeks
to amend the constitution as a condition to be satisfied before the
Head of State gives his / her assent to the Bill. Once again, this is
alien to the Westminster model. In addition, the Supremacy of
Parliament is curtailed in that Parliament cannot amend the
constitution by its own procedure, but has to be guided by the
dictates of the constitution. The effect of a time-delay procedure is
that Parliament cannot consider any Bill to amend the constitution
hurriedly and more time is given for a deeper consideration of the
proposed amendment.
This fifth fundamental tenet of the Whitehall model must be viewed as a

phenomenon that does not even exist at Westminster and, therefore,
only serves to make the point that the complete transfer of the
Westminster model to the Commonwealth Caribbean is indeed mythical.
Point to note
The idea that the Westminster model was transferred to the

Commonwealth Caribbean by the British Government as part of its
decolonisation process in the region is a myth. The constitutions of the
region demonstrate that the spirit and character of Westminster are
missing. Fundamental dimensions of the Westminster model are
challenged under the Whitehall model.
Sacred Westminster doctrines such as the Supremacy of Parliament are

seriously altered in their character when applied in the Commonwealth
Caribbean. Constitutional conventions lose their flexibility of
interpretation once they are transferred in a written form depending on
which school of thought is being adhered to. The character of the
bicameral systems are such that the Westminster and Whitehall models
are poles apart, even in their evolution. The thought of the citizen
challenging legislation or Executive action on the ground that it infringes
his or her constitutional and human rights is alien to Westminster, yet it is
a way of life in the Commonwealth Caribbean.
108
Perhaps Madden was right. The Westminster model is for "consumption

only on the premises". What the Commonwealth Caribbean possesses
by way of constitutional design is a model that reflects its own
constitutional evolution and the introduction of principles that could not
be consumed at Westminster. It is this collection that must be called the
Whitehall model, because after all it was the civil servants in the Colonial
Office in Whitehall who were instrumental in drafting these constitutions
anyway.
The legislative institutions that were created are of such a nature that
they embody both the principles of nomination through patronage and of
popular election. This phenomenon can also be found in three of the four
unicameral legislatures of the region (Guyana is the exception as the
members of its National Assembly are allocated in proportion to votes
cast) where elected and nominated members sit side by side in the
Parliament.
The legacy of the Crown Colony system of Government that existed in

the region can be observed in these arrangements. The evolution is
curiously a part of the British imperial experiments with colonial
legislatures based on reforms that were intended for the House of Lords
just after World War I, but never implemented!

List the salient differences between the
Westminster and the Whitehall models.
Note:
109
SUMMARY
In this unit, we discussed the following:
(i) The various electoral systems including the first past-the-post,

second ballot, party list and single transferable vote systems;
(ii) The presidential and parliamentary systems of government with

particular reference to the USA and the UK, respectively;
(iii) The presidential systems in the Commonwealth Caribbean with

particular reference to Dominica, Guyana, and Trinidad and
Tobago;
(iv) The Westminster and Whitehall models of governance, we brought

out their differences in intent and their influence in the
( KEY RESOURCE MATERIALS

Ball, Allan. Modern Politics.
La Guerre, John (ed.). Issues in the Government and Politics of the W.I.
Le Duc, Niemi, Norris. Comparing Democracies.
Ponton and Gill. Introduction to Politics.
( ESSENTIAL READING
Le Duc, Niemi, Norris (eds.). Comparing Democracies (1996). Chapter
2, Electoral Systems, by Andre Blais and Louis Massicotte, pp. 49 - 81.
Sage Publications, 2455 Teller Road, Thousand Oaks, CA 91320, USA.
ISBN 0-8039-5836-6.
Birch, Anthony H. The British System of Government (Ninth Edition,

1993). Chapters 8 - 13, pp. 118 - 192. Routledge, I I New Fetter Lane,
London, EC4P 4EE, United Kingdom). ISBN 0-415 -0893 7-9.
Wayne, Stephen J.; Mackenzie, G. Calvin; O'Brien, David M. and Cole,

Richard L. (eds.). The Politics of American Government (Basic Edition,
1995). Chapter 2, pp. 32 - 63 and Chapters 12 - 15, pp. 410 - 589. St.
Marin's Press, Inc., 175 Fifth Avenue, New York, N.Y. 10010, U.S.A.)
ISBN: 0-312-11168-1.
McIntosh, Simeon C.R. Caribbean Constitutional Reform (2002) The

Caribbean Law Publishing Company, Kingston, Jamaica ISBN : 976-
8167-28-9
La Guerre, John Gaffar (ed.). Issues in the Government and Politics of

The West Indies (1997). School of Continuing Studies, U.W.I., St.
Augustine, Trinidad). ISBN 976-620-076-9. "Commonwealth Caribbean
Presidencies: New Directions in the Exercise of State Power" by Hamid
Ghany, pp. 142 - 166.
110
Ghany, Hamid. Eric Williams: The Constitutional Scholar and the

Introduction of Bicameralism in Trinidad and Tobago in The Journal of
Legislative Studies, Volume 3. Winter 1997 Number 4, pp. 92 - 114.
(Frank Cass & Co., London, England) ISSN 1357-2334.
Ghany, Hamid. The Evolution of the Power of Dissolution : The

Ambiguity of Codifying Westminster Conventions in the Commonwealth
Caribbean in The Journal of Legislative Studies, Volume 5, Spring 1999
Number 1, pp. 54 - 76. (Frank Cass & Co., London, England) ISSN
1357-2334.
111
Unit 7: Foundations and Growth of Caribbean Economy
Unit 7
Fundamentals of Economics
STRUCTURE
Overview
Learning Objectives
7.1 Importance of Economics
7.2 Relationship Among Economics, Society, Governance And Law
7.3 Definition and Objectives of Economics
7.4 Relationship among Scarcity, Choice and Opportunity Cost
7.5 The Four Major Economic Problems
7.6 Main Types of Economic Systems
7.7 Microeconomics and Macroeconomics
Summary
OVERVIEW
This unit begins by outlining the importance of studying economics and

goes on to examine the relationship among economics, society,
governance and law. Following this economics is defined and a
description of the two-fold objectives of Economics is specified. The unit
then investigates the relationship among scarcity, choice and opportunity
cost and lists the four major economic problems. Finally, the main types
of economic systems are identified, and the unit concludes by
distinguishing between microeconomics and macroeconomics.
LEARNING OBJECTIVES
• understand the value of studying economics

• identify the relationship among economics, society,
governance and law;
• define economics
• explain the relationship among scarcity, choice and
opportunity cost.
• describe the four (4) major economic problems
• discuss the main types of economic systems
117
• distinguish between microeconomics and

macroeconomics
118
7.1 IMPORTANCE OF ECONOMICS
Economics is an academic subject with the primary objective

of examining the problems and decisions of economic
agents from a social perspective. A knowledge of
economics is necessary because we all live and need to
function in an economy. Also, most political problems have
an economic characteristic, whether it deals with the budget,
the tax structure or even environmental issues and
concerns. Individuals who have some knowledge of
economics are better able to think critically about policy
proposals that emerge from governments and that are
debated in the mass media. In addition, individuals gain a
working knowledge of how the economy operates and are
better equipped to adjust to changing economic conditions
and so make better buying decisions, better employment
choices, and better financial investments.
7.2 RELATIONSHIP AMONG ECONOMICS, SOCIETY,

GOVERNANCE AND LAW
Human beings have evolved from groups of individuals in an

extended family setting, through tribes to larger
agglomeration of settled communities. We regard all these
differing groupings of human beings as "societies". We may,
therefore, define a society generally as comprising any
group of people who have inhabited common geographic
space for a significant historical period and are expected to
continue to do so. One common function throughout
historical time, as well as geographic space of these
groupings or communities, is that they would have had to
reproduce themselves materially. They should, therefore,
engage themselves in economic activities.
The history of most societies, with the significant exception

of the Caribbean, is the parallel evolution of social groupings
and of economic functions of material reproduction. For
example:
119
• Human beings in most societies began with subsistence

economic production within the society, whether
extended family, tribe or village, in which members
consumed food, health care, shelter, clothing, etc., that
they themselves produced.
• Societies subsequently followed the barter system
whereby members of societies began to exchange some
of their surplus production of food, etc., with that of others
in the neighbouring villages or tribes, whether for the
same, or different material needs.
• The normal historical evolution later formalised
relationships between human beings, whether of an
economic or other kind, in terms of practices, norms,
rules and ultimately laws governing such relationships.
Out of this evolution has come representative democracy
in the form of Parliaments entrusted by Constitutions with
the legal right to establish and enforce rules for
management of the society.
Societal relationships have historically involved processes of

both cooperation and conflict. Governance seeks to manage
both processes, and may be generally defined as formal or
informal rules for conflict resolution and cooperative
relationships (economic and otherwise) among members of
a society. Perhaps the single most important economic, if
not overall rule of society, which illustrates governance is
that governing property rights. The right to private property
is one of the earliest formalised rules in the history of
societal evolution. Human beings, therefore, can rely on the
government of the day for assistance in the maintenance of
control over property which they have purchased or
inherited. Governance is then codified in laws for conflict
resolution and cooperative relations.
7.3 DEFINITION OF ECONOMICS
Attempting to define economics concisely and adequately is

difficult, but it is no different for any subject matter. Over the
last two centuries, many influential economists have put
forward their views of economics (see Textbox 7.1).
One of the most common definitions of economics is
that “Economics is the study of how societies allocate scarce
resources among competing wants”. However, this
definition has to be elaborated upon to explain its focus on
120
scarcity. In other words, the ultimate objectives of

Economics are two-fold, as given below:
(i) To study, i.e., understand and explain, how societies

meet the material needs, as well as wants, which are
essential for human reproduction, beginning with the
basic needs such as food, health care, shelter, clothing,
etc.
(ii) To draw conclusions from the study of how societies

meet their material needs and wants, on how these
ends can be improved upon.
Textbox 7.1
Adam Smith (1723-1790) was considered to be the father of

modern Economics. The titles of two of his more famous works
demonstrate his focus and view of the subject of economics. The
writings were titled “An Inquiry into the Nature and Causes of the Wealth
of Nations” and “The Wealth of Nations”. Later on, and in the
nineteenth century another influential economist, John Stuart Mill
(1806 – 1873), described economics as the practical science of the
production and distribution of wealth. In the twentieth century, the
late-Victorian economist, Alfred Marshall (1842-1924), saw
economics as being quite comprehensive in its coverage and
explained that economics was the study of mankind in the everyday
business of life. These three views of economics focus on different
aspects of the subject, but they all nonetheless describe economics.
Economics, thus, seeks to determine the efficiency with

which material needs and wants are being met. Depending
on the conclusion drawn, economists then advance
proposals for maintaining and/or improving upon the
efficiency of the methods with which material needs and
wants are being met.
However, there is a need to clarify the distinction between

need and want. We can illustrate the distinction between
these two terms by using an example of food. We will die in
the absence of an adequate supply of protein and other
nutrients to maintain and repair body muscle, tissues and
bones. We, therefore, need these nutrients. However, most
of us are never conscious that this is the function provided
by food and water. Instead, we want food and drink to
satisfy certain other cultural characteristics such as the
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method of preparation and presentation. Similarly, we need

clothing and shelter to protect us from the environment, but
want culturally acceptable forms of garment and
construction.
It is clear that humans have many different types of wants

and needs. In economics on the material wants and needs
of humans are considered and these are satisfied by
consuming (using) either goods (physical items such as
food) or services (non-physical items such as electricity).
Textbox 7.2
The resources needed to produce commodities are traditionally grouped into four
categories and are called the Factors of Production. These four factors are
described briefly below:
Land
Land refers to the surface of the earth and any item that occurs naturally (free
gifts of nature) such as, timber, crude oil etc.
Labor
Labor includes both physical and mental effort and comprises all the individuals
needed to produce and distribute goods and services.
Capital
Capital comprises the machinery, tools and other types of man-made equipment
that enable the production of goods and services.
Entrepreneurship
The entrepreneur (sometimes called a risk-taker) combines all of the other factors
(land, labour and capital) to produce and/or distribute commodities to
consumers.
Most of the commodities that we consume have to be

produced and in doing so raw materials (inputs) have to be
used. The commodities that are produced then have to be
distributed and are eventually consumed by end users
(consumers). The sequence of activities that get goods and
services to end-users are as follows:
♦ Production entails using resources (See Textbox
7.2) or raw materials
♦ Distribution involves getting commodities to
consumers
♦ Consumption concerns using commodities to
satisfy wants and needs.
These activities take place within an economy, so that the

wants and needs of consumers can be satisfied.
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Look around and try to identify some of the

resources you see. Make a list of these
resources and see if you can put them in the
categories of either: land, labor, capital or
entrepreneurship.
Note:
Check the answer with your tutor.
7.4 SCARCITY, CHOICE AND OPPORTUNITY COST
Defining economics is challenging and although there

is no agreement on a definition, it is possible to identify the
subject matter. Economists consider the fundamental
economic problem of scarcity to be at the core of its subject
matter. Scarcity arises because there is only a limited
amount of resources available to produce the unlimited
amount of goods and services that human beings desire.
Economic scarcity means that all economic agents have to
make choices – no individual has unlimited resources at his
or her disposal. Once a choice is made it implies that there
is an opportunity cost. The opportunity cost principle
states the cost of one good in terms of the next best
alternative forgone. Opportunity cost is the ‘price’ we pay
when we give up something to get something else. In some
instances there may be many choices available to an
individual, but the opportunity cost of a decision is the best
alternative we give up to get what we want. Figure 7.1
illustrates the relationship between the concepts of scarcity,
choice and opportunity cost.
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Figure 7.1: The Relationship among Scarcity, Choice

and Opportunity Cost
Limited Resources
vs
Unlimited Wants
Scarcity
Choice
Opportunity Cost
7.5 THE FOUR MAJOR ECONOMIC PROBLEMS
The basic economic problem of scarcity leads to choice and

opportunity cost and also gives rise to four key economic
problems that are sometimes expressed in the form of
questions. These are:
1. What is produced and how?

The amount and type of goods that are produced in any
economy depends on the resources that are available.
When a particular group of commodities are selected for
production then it means that the industries producing those
goods have to share the available resources. The scarcity of
resources mandates that the manufacturers choose the most
efficient method of production (production process) to
produce the chosen goods.
2. What is consumed and by whom?
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Economic agents have to consume goods according to the

resources they have available to them. This means that
there has to be some relationship between the goods
produced in an economy and the goods that are consumed
by individuals in that economy. Also, embedded in this
question or concern are the factors that determine the
allocation of an economy’s total goods and services among
economic agents in that economy.
3. How much unemployment and inflation exist?

The amount of unemployment existing in an economy is
important because when the resources (land, labor, capital,
entrepreneurs) in an economy are not being used or
employed then that economy will not operate at its optimum
level. Inflation occurs when the average level of all prices is
increasing. Inflation is an important issue because
historically prices have always had an upward trend. These
two factors are linked because it has been observed that
when one slows the other tends to increase.
4. Is there economic growth?

Throughout the world it has been observed that some
economies tend to grow rapidly, some slowly and in some
cases there is a decline in growth rate. When an economy
grows it means that individuals in that economy have access
to more goods and services. A country’s can experience
economic growth for different reasons, for example, there
can be technological advances and/or an increase in the
knowledge base of its labour force.
7.6 ECONOMIC SYSTEMS
Countries solve the problems just discussed according to the

economic system in place. An economic system is the
method that a society uses to allocate the quantities of
goods and services to be produced, to distribute those
goods and services and to determine the consumption
needs of citizens within the economy. There are three main
types of economic systems: capitalist (market), socialist
(communist) and mixed economies.
Capitalist or Market Economy
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A capitalist economy is one that depends on market forces

for resource allocation and price determination, with minimal
or no intervention by government. In these types of
economies firms decide the type and quantity of goods to be
produced in response to the wants and needs of consumers.
Producers attempt to maximize profits so therefore an
increase in the price of one good prompts them to switch
resources into the production of that commodity.
Consumers decide on the type and quantity of goods to be
bought with the goal of trying to maximize satisfaction. A
decrease in the price of one good encourages consumers to
alter their purchasing decision to buy the cheaper
commodity. In a capitalist economy individuals with high
incomes are able to buy more goods and services than
those who have lower incomes.
Socialist or Communist Economy
A socialist economy is characterized by the central

ownership of all resources and where the decision-making
process is decided by a body of central planners. One of the
main critics of the capitalist economic system was the great
Russian philosopher Karl Marx (1818-1883). Marx thought
that inherent in capitalism were certain elements that would
lead to its eventual collapse. Marx perceived that capitalism
was the first stage in the evolution of an economy and that
eventually all economic systems would become communist
states.
Mixed Economy
The mixed economy is a combination of the characteristics

of both the capitalist and socialist types of economic
systems. In such an economy both the government and the
private sector play key roles in issues related to production,
distribution and consumption. Therefore, any problems with
regard to production, distribution and consumption are
determined by both the private and public sector.
Give examples of countries (two in each case)

which have: capitalist economies, socialist
economies and mixed economies.
Note:
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7.7 MICROECONOMICS AND MACROECONOMICS
There are two branches in economics: microeconomics and

macroeconomics. Between these two components of
economics answers or solutions to the four key problems
discussed above are sought. Attempts to solve the first two
problems (What is produced and how? What is consumed
and by whom?) are undertaken in the sphere of
microeconomics, and the latter two (How much
unemployment and inflation exist? Is there economic
growth? ) falls in the domain of macroeconomics.
Microeconomics
Microeconomics is the study of decision-making by individual

economic agents, such as the consumer or the producer. It
seeks to understand how consumers meet their material
needs and achieve maximum satisfaction, and how firms go
about satisfying these consumer needs, while
simultaneously serving their own self-interest by profit
maximisation.
In the process of studying the microeconomic behavior, i.e.,

consumption and production of a product, respectively, by
consumers and firms, economists have long recognised that
human wants are infinite but the material resources for
meeting them are not unlimited. Hence, the shorthand
definition of the discipline of Economics as being concerned
with the allocation of scarce resources among competing
wants.
The subject matter of microeconomics covers issues such as

the workings and failings of the goods and services markets
and the price mechanisms. Thus, it examines concerns that
relate to the determination of prices, the forces leading to
price changes, the consequence of price changes, the inter-
relationships between markets and market failure (i.e.
market failure occurs when, for instance, there are shortages
in some goods and some are overproduced).
127
Three major goals dominate microeconomic policy-making:
1. Efficiency: an inefficient economy wastes

resources and fails to provide the highest
possible standard of living for consumers.
2. Equity: Huge gaps between the “haves” and

“have-nots” may leave most people
impoverished while a privileged few live
luxuriously.
3. Freedom of Choice: maximum freedom

requires people to have the widest possible
range of choices available to them.
Macroeconomics
Macroeconomics focuses on the whole, or aggregate view,

of the economy and is concerned with aggregates such as,
consumption, investment, government expenditure, savings,
taxation, imports and exports. Thus, macroeconomics is
concerned with the functioning of the economy as a whole.
Macroeconomics seeks to explain the causes and effects of

increases and decreases in the aggregates.
Macroeconomics studies how Governments can assist
microeconomic actors in achieving their objectives, since
there are a number of unavoidable economic functions which
can only be entrusted to a Government. These economic
functions, among others, include:
• issuing a national currency. In the modern world, only

Governments have the authority to issue money, and so,
they must have Monetary Policy.
• providing internal security, external defense and some

basic forms of social security and public infrastructure
whether physical (such as roads, water supply and
telecommunications) or social (education, health, etc.).
Most of these are considered public goods. For
Governments to provide these public goods, they must
raise money through various ways. For example,
taxation is one way through which Governments raise
their revenue. They must, therefore, have Fiscal Policy.
128
• putting in place mechanisms for some orderly

arrangements for trade in goods, services, and
movement of money between countries. A country,
therefore, requires an Exchange Rate as well as Trade
Policy.
Some of the common goals of macroeconomic policy

include:
1. High employment: Citizens of a country

undergo much hardship when the resources of
that country sit idle. In particular, unemployed
persons undergo both social (psychological
stress) and economic costs (income foregone)
since unemployment entails a loss in output for
the society as a whole. Labor is a cost that
can never be recovered because as a resource
it cannot be stored and used at another time.
2. Price-level stability: If average prices are

volatile, people may be uncertain about how
much their wages will buy or whether to
consume now or invest in hopes of future
returns.
3. Economic growth: People want higher

incomes each year and most hope their
children will be even more prosperous than
they are. The world’s population keeps
growing, so for this to occur there must be
economic growth.
Why is microeconomics different from

macroeconomics?
Note:
129
SUMMARY
The unit began by stating the importance of studying

economics and reviewing relationship among economics,
society, governance and law. It continued with a definition of
economics and illustrated the relationship among scarcity,
choice and opportunity cost. The four major economic
problems were then identified, followed by a description of
the three main types of economic systems observed in the
world today. The Unit concluded by differentiating between
microeconomics and macroeconomics.
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Unit 8
Foundations and Growth of Caribbean
Economy
STRUCTURE
Overview
Learning Objectives
8.1 Caribbean Economy until World War II
8.1.1 The Plantation Type of Economy
8.4 Economy in The Political Independence Movement
8.4.1 Caribbean Economic Development
8.4.1.1 The Moyne Commission
8.4.1.2 Sir Arthur Lewis and Industrialization by
Invitation
8.4.1.3 The Plantation Economy Model
8.4.1.4 Import Substitution Industrialization
8.4.1.5 Trade and Economic Integration
8.4.1.6 Structural Adjustment
8.5 Economy In The Post-Political Independence Scenario
8.5.1 Post-political independence to the 1970s
8.5.2 Mid-1970s to 1980s
8.5.3 During the 1990s
8.5.4 Challenges for the 21st century
Summary
OVERVIEW
This unit examines the economic history of the Caribbean region. It

starts with an outline of the Caribbean economy until World War II and
looks at the characteristics of a plantation type of economy. Followed by
this is the Caribbean economy in the political independence movement.
This section considered, in chronological order, the major strategies that
were instrumental in Caribbean economic development. The unit
concludes by describing the Caribbean economy in the post-political
independence scenario.
LEARNING OBJECTIVES
• discuss the Caribbean Economy up until World War II;
117
• explain the key features of the plantation type of

economy
• review economic policy in the political independence
movement;
• explain the various strategies employed for economic
development in the Caribbean region
• explore the history of Caribbean economy in the post-
political independence scenario and look at the
challenges for the 21st century.
8.1 CARIBBEAN ECONOMY UNTIL WORLD WAR II
As explained in Unit 7 (Section 7.1), history shows that in the

vast majority of the world society and economy evolved on
parallel and increasingly interrelated tracks, and governance
and laws followed.
The Caribbean exhibited this same pattern of evolution, from

the 16th century to the point of formal colonization. In the
pre-colonial period, the indigenous people existed in tribal
communities engaged in subsistence production and
perhaps some barter (see Unit 9, for details.) Traditional
rules of governance were determined in tribal systems built
around elders. This historical evolution was ruptured by
colonial intrusion. The indigenous peoples were decimated
by both genocide, and their lack of resistance to the viruses
which the Europeans brought with them. Some historians
suggest that the latter was more devastating than the former.
As this unit is particularly concerned with the post-colonial

period, the discussion of the societal evolution, for the
present purpose, begins with the economy and laws. Only
later came society and governance.
The onset of plantation slavery led to the forced transfer of

millions of Africans from their homeland to the Caribbean
from the 17th century onwards. African slaves came from
varying tribes and there was a deliberate policy to separate
family and tribal members. As a result, virtual strangers,
many of whom did not even share a common language for
communication, were thrown together to work under the
draconian regime of slave plantation production. By the end
of the 19th century, following Emancipation in 1838, East
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Indian indentured labour was brought to work on the

plantations, particularly in Trinidad, Guyana and Surinam.
Again, unlike the normal evolutionary historical pattern of

most societies, the economy was paralleled by laws imposed
by the colonial authorities. Formation of a society was a
slow process and it took much longer, after the introduction
of the plantation slave economy and supporting laws of
coercion, for societal relations to deepen. Moreover, the
element of conflict was central to plantation slavery since
control over the African, and later East Indian, labour force
was maintained by physical repression, reinforced by
psychological intimidation.
There have been, of course, some differences among

Caribbean countries in terms of their evolution of economy,
law, society and governance. In the case of Haiti, for
example, the revolution of 1789 ruptured the traditional
pattern, although not completely, for reasons which are
detailed in C. L. R. James' history of the "Black Jacobins".
And, in the case of the Spanish speaking Caribbean, Cuba
fought several wars of independence against Spain in the
19th century, while a similar process occurred in the
Dominican Republic and Puerto Rico.
Although the timing of formal political independence varied,

most Caribbean countries continue to operate under
conditions of formal, or informal, control by metropolitan
countries until relatively recently and, in particular, until the
end of World War II.
8.1.1 The plantation type of economy
The particular and peculiar evolution of formal political

control and, hence, rules of governance and law occurred
alongside a more general persistence of a pattern of
economic activity, built around plantation production. A
plantation type of economy is one that is characterized by
the production of agricultural crops for the export market,
and which is dependent on a metropolis or mother country.
Unlike the traditional evolution of economic activities in most

societies as described in Unit 7 (Section 7.1), the Caribbean
economies traded all of their output with the rest of the world
and imported most of their needs from foreign sources.
Caribbean economies did not, therefore, evolve through the
119
more general historical pattern of subsistence and

self-sufficient production, followed by barter and then,
ultimately, national markets.
In the context of plantation slavery, therefore, there was no

such thing as autonomous consumers, with the exception of
the plantation owners or their representatives. The
consumer (slave) was subsumed under the firm (plantation)
and the level of consumption need (certainly not want) was
determined by the plantation owner in the interest of material
reproduction of a productive slave.
There was no money supply in the plantation as the currency

of the metropolitan power continued to serve as the ultimate
unit of exchange and settlement. However, by the 19th
century, some forms of 'coinage' were created, first by
commercial banks and later formally by the colonial
authorities.
As a result of the absence of money, there was no exchange

rate. When the British authorities formally introduced
money, i.e., the Eastern Caribbean currency and the
Jamaican pound, these were linked to the pound sterling in a
fixed relationship. This monetary system was a Currency
Board whereby, in effect, the British issued a number of
IOUs, equivalent, at a fixed and predetermined exchange
rate, with a stock of pound sterling which the island/territory
members of the Currency Board held in reserves in London.
Purchases of imports, therefore, lead to an automatic
reduction in the amount of currency available since such
imports would represent a call on the pound sterling
reserves.
Trade Policy was determined by the metropolitan power, and

this generally meant that all trade which was by sea would
have to be conducted in ships owned by the metropolitan
power. Restrictions were placed, relatedly, on exports to, or
imports from, other metropolitan countries or their colonies.
Slavery formally came to an end in 1838 but the plantation

economy system continued. Eric Williams in his work,
Capitalism and Slavery, tracks the relationship between the
evolution of capitalism in Europe, particularly Britain, and the
rise and ultimate end of slavery. Williams' thesis is that
Emancipation was the result of both the work of abolitionists
and the self-interest of capitalists for whom slavery had now
120
become unprofitable. The most obvious reason for this

development was that the costs of maintaining slaves were
fixed, while the revenue from sale of cane sugar was
fluctuating as a result of a secular fall in prices.
The Caribbean Economy from the onset of plantation slavery

to Emancipation was, therefore, marked by the virtual
dominance of production of cane sugar for export alongside
the importation of the consumption needs of the resident,
predominantly slave population, together with the machinery
and equipment utilised in plantation production.
Gradually, some minor food production by slaves was

permitted, at varying degrees, by differing plantation owners.
In other instances, runaway slaves such as the Maroons of
Jamaica, set up independent economic activity which
reproduced the historic norm of subsistence production for
their own consumption. (You may wish to read Maroon
Heritage: Archaelogical, ethnographic and historical
perspectives, edited by Ekofifi Agorsah. Canoe Press.
1994.)
Emancipation led to a growth in maroon-type own

production, but this was constrained by factors such as the
following:
• In many colonies, the plantation owners passed laws

which restricted land ownership by ex-slaves.
• The ex-slaves retained a taste for imports and would
allocate at least some of their labour time for employment
in plantation production to earn income for purchasing
such imports.
A society began to evolve along the fault line of the ex-slave,

ex-plantation owner population, which then expressed itself
as a race and colour line. This population stratification was
modified, in some Caribbean colonies, by the importation of
East Indian indentured labour from the end of the 19th
century, alongside other migrants from China, the Middle
East and Portugal/Madeira.
There was no macroeconomy in the period prior to

Emancipation. The absence of a macroeconomy did not
change significantly with Emancipation either. What little
there was in terms of macroeconomy policy focused on
protection of the interest of the plantation class, which
121
retained control over the political process and, hence, rules

of governance and law making.
What are the main features that characterize a plantation type of economy?
Note: Discuss the answer with your tutor.
8.2 ECONOMY IN THE POLITICAL INDEPENDENCE

MOVEMENT
The end of World War II marked a turning point in the

economic life of the Caribbean. In a sense, the 'turn' began
in the 1930s with the onset of the Great Depression. The
manifestation of this worldwide economic slump was a
collapse of demand and, hence, prices and production of
plantation output. W. Arthur Lewis (later knighted and
awarded the Nobel Prize for Economics) captures this reality
in a book entitled Labour in the West Indies.
8.2.1 Caribbean Economic Development
8.2.1.1 The Moyne Commission
One result was the resistance of Caribbean labour to the

further decline in what already were precarious living
conditions. So-called labour riots began in Trinidad in 1937
and spread throughout the English-speaking Caribbean.
The response of the British Government was to establish the
Moyne Commission of Enquiry into the causes of the labour
resistance. The Moyne Commission Report, however, was
not made public until after the end of World War II. The
Report confirmed that social conditions were horrible and
that, in effect, there was a justifiable cause for the
resistance, if not for the particular manifestation in civil
disorder.
122
The Moyne Commission, therefore, proposed the

introduction of some rudimentary forms of social welfare
assistance including public housing and poor relief.
However, in economic terms, the Commission proposed that
the British Caribbean should continue to specialise in the
production of primary agricultural commodities for export. In
other words, the Moyne Commission argued for the
continued persistence of the plantation economy beyond
proposing the provision of incentives for some minor
manufacturing for the domestic markets such as soaps and
beverages.
8.2.1.2 Sir Arthur Lewis Industrialisation by Invitation
One of the people who made a submission before the

Moyne Commission was W. Arthur Lewis, who made a case
for the dismantling the agricultural sector and creating a
manufacturing sector to operate alongside a modernized
agricultural sector. Lewis later published what could be
considered an expanded version of that submission as a
paper in 1949, entitled "The Industrialisation of the British
West Indies". In this paper, Lewis sought to explain the
reasons for the widespread poverty which existed in the
British West Indies. His essential argument was that the root
cause was the continued specialisation in primary
agricultural production on small islands, in the context of a
growing population and, hence, labour force. As a result,
more and more labour was being employed on the same
fixed and limited quantum of agricultural land. The result
could only be a decline in the contribution of each unit of
labour to production. In microeconomic terms, the marginal
productivity of labour was zero. In other words, the final
employee added no value to production.
Moreover, Lewis noted that plantation output also was not

benefitting from the growth of income in the metropolitan
countries to which it was exported. In more formal economic
terminology, the income elasticity of demand for plantation
output was low. This simply means that demand for
plantation output, of which cane sugar was the typical
example, did not increase, pari passu, with the growth in
income of metropolitan consumers.
Arthur Lewis, therefore, proposed the creation of a

manufacturing sector which would permit the agricultural
123
sector to shed labour. Consequent on which, this will permit

a higher level of income for those who remained in the
agricultural sector. Such a labour transfer was also
necessary to permit the introduction of new technology,
including machinery and equipment in the agricultural sector.
It is important to stress that Lewis did not propose that
manufacturing replace agriculture but that it facilitate
agricultural modernisation.
Since Caribbean countries were poor, Lewis further

suggested that manufacturing output should be targeted for
export to the metropolitan markets. For this same reason,
the Nobel Prize winner in Economics also proposed that
foreign investors be attracted, by generous incentives, to
establish these export manufacturing enterprises. Lewis
envisaged that these foreign investors would bring
knowledge of management, technology and of export
markets. He anticipated that over time the 'tricks of the
trade' would be transferred. West Indians would, therefore,
acquire the knowledge and also benefit from the higher
incomes resulting from successful export manufacturing. As
a result, West Indians would be able to assume ownership of
export manufacturing enterprises either via acquisition or
new investments.
There was discontent with Lewis’ proposal of

“industrialisation by invitation” strategy, and the critics
likened the foreign multi-national corporations to the
metropole-colony relationship that existed before.
Describe Sir Arhur Lewis' development strategy for the Caribbean region.
8.2.1.3 The Plantation Economy Model
The major characteristics of a plantation type of economy

were discussed in Section 8.1.1. It was also observed that
the process of plantation production was efficiently
organised so as to achieve the microeconomic objective of
profit maximisation for the plantation owners. The major
proponent of the plantation economy model is Lloyd Best (he
124
later worked with Kari Levitt). Best (1968) and Best and
Levitt (1975) challenged Sir Lewis’ industrialisation strategy
on the grounds that the Caribbean, because of its history,
required a development plan that would take into account
the unique characteristics of Caribbean countries.
The Plantation Economy model encompasses an

examination of the history and structure of economies that
were colonized by European countries from the 17th century.
The model is divided into three phases and identified as
follows:
1. The ‘Pure Plantation Economy’ spans the

1600-1838 period (the beginning of slave
plantations to when slavery was abolished).
2. The ‘Plantation Economy Modified’ extends
over the period 1838 to 1938.
3. The ‘Plantation Economy Further Modified’
starts from 1938 onwards.
The Plantation Economy School of thought viewed

plantations as being both colonies (hinterlands) created by
the colonists and export propelled. The Plantation School
identified three categories of hinterlands:
1. Hinterlands of Conquest
2. Hinterlands of Settlement
3. Hinterlands of Exploitation
The Hinterlands of Conquest were kept largely for the

relocation of wealth from the colony to the metropole.
Hinterlands of Settlement were those colonies where
production was undertaken under certain conditions and
terms laid down by the metropole. Plantation economies,
such as those of the Caribbean, fell under the classification
of Hinterlands of Exploitation, where all productive activity
was for trade.
Best noted that each plantation was a 'total economic
institution' in that all of its output of cane sugar was exported
to the metropolitan countries. All of the inputs required for
production including, initially, labour, were imported from
outside of the colony, whether island or mainland territory.
As a result, Caribbean economies were characterised as
"producing what they do not consume and consuming what
they do not produce". He also argued that there were no
horizontal or vertical linkages between institutions in the
125
economy, and there was no interaction among firms (i.e.

buying and selling from each other) or any other institutions
existing within the economy.
The plantation economy theorists forcefully argued that
“….. this plantation legacy represents an endowment
of mechanisms of economic adjustment, which deprive the
region of internal dynamic. More specifically, it involves
patterns of income distribution and disposal which
discriminate against economic transformation”1. (Best and
Levitt 1969, p. 32).
8.2.1.4 Import Substitution Industralisation
Import Substitution Industrialization (ISI) is a policy which

encourages the growth of domestic industries, frequently
using tariff and non-tariff measures. The main objective of
this strategy is to encourage the production of goods that
were previously imported so as to minimize the dependence
on imports. The domestic industries are encouraged to grow
by various incentives and they are protected from foreign
competition. Key elements of what is known as the ‘Infant
Industry’ concept were employed to support the ISI strategy.
An infant industry is one that is at an early stage of its
development. The main reason for using the ‘Infant Industry’
approach is for there to be protection for some time until the
industry can compete internationally or “when it has grown
up”.
The ISI strategy includes the following main elements.
• Using tariffs, import quotas and subsidies to

encourage and protect infant industries.
• Assigning a high value or over-valuing the local
currency to lower the price of inputs
• Creation and ownership of firms by the State.
• Attracting Multi National Corporations to produce
locally.
• Encouraging high wage rates and implementing social
spending to increase demand for goods.
• Shifting capital and labour from the agricultural sector
to the industrial sector.
1
Best, L. and K. Levitt 1969. Export Propelled Growth and Industralisation.
Montreal: McGill University, Centre for Developing Areas Studies, Mimeo.
126
While the ISI strategy has been successful in some of the

larger Latin American countries, in the Caribbean it was
found that to a large extent the core policies were not
implemented or applied inadequately. Some of the
mismanagement of policy includes:
• Using only quotas and tariffs instead of subsidies

• Imposing high tariffs on industrial inputs
• Moving away from producing consumer goods (e.g.
clothing) to producing heavier goods (e.g. steel).
• Borrowing large sums of money from international
institutions.
• Neglecting the agricultural sector.
What is import substitution industrialization and what are the main reasons it
was not very successful in the Caribbean?
8.2.1.5 Trade and Economic Integration
One of the most important issues facing the Caribbean at

present is the contribution of trade and economic integration
to the region’s development. There are different degrees of
trade integration or types of trade agreements. The most
common are the free trade area, the customs union, the
common market, the single market and economic and
monetary union. At the first level of trade integration is the
free trade area. This is an integration scheme which
eliminates the tariffs within the trade area, but the members
of this trade bloc are free to formulate their own trade
policies toward non-members. The second level of
integration is the customs union. The customs union
encompasses the elements of the free trade area, but there
is also a unified tariff scheme for countries outside the
customs union. Thirdly, there is the common market, which
incorporates the features of the customs union, and in
addition there is the free movement of labour and capital
within the trading area. The single market is similar to the
common market, but a single market trade agreement is
thought of as more progressive, since this agreement is
designed to eventually remove the physical, technical and
fiscal barriers among the member states. The fifth stage of
127
integration is the economic and monetary union, which is a

single market with a common currency.
In the Caribbean region there has been progress from a free

trade area to a single market. The Caribbean Community
and Common Market (CARICOM) grew out of the Caribbean
Free Trade Association (CARIFTA), which was created in
1968. CARICOM is one of the oldest integration schemes in
the Western Hemisphere, the largest in terms of
membership, but by far the smallest in economic and
geographic terms. It was established sequentially with the
original Treaty establishing CARICOM being signed in 1973
by Barbados, Guyana, Jamaica, and Trinidad and Tobago.
Since the establishment of CARICOM in 1973, member
states have made attempts to consolidate the regional
integration movement by strengthening and deepening the
Common market arrangements, and this has now
culminated in a common market being established. In 1989,
the CARICOM heads of government agreed to establish a
CARICOM Single market and Economy (CSME). The
original Treaty of Chaguaramas was revised and Trinidad
and Tobago, Barbados and Jamaica made commitments to
implement the single market on 1 July 2005. As outlined in
the agreement, the key objective of the CSME is to facilitate
economic integration and the movement of goods, services
and capital among all CARICOM states
Discuss the different levels of trade and economic integration and give at least
one example of each level or type of agreement existing today.
8.2.1.6 Structural Adjustment
Within the past decades structural adjustment programs

have fundamentally guided and shaped the economic
policies in many developing countries, including those of the
Caribbean. Structural adjustment consists largely of two
components. The first component is associated with the
work of the IMF and relates to macroeconomic stabilization.
It concentrates on both external and internal balance during
the short to medium term. The second component is
referred to as “structural adjustment in the narrow sense.”
128
This component falls under the purview of the World Bank

and involves “getting the prices right.”
Under the structural adjustment model, markets are

assumed to work efficiently and therefore permit the best
allocation of resources. It is believed that the ‘market
approach’ is the most efficient one and any other solution,
especially one that involves heavy government participation,
leads to the inefficient allocation of resources.
8.3 ECONOMY IN THE POST-POLITICAL

INDEPENDENCE SCENARIO
We will study here the post-political independence economic

situation in the English-speaking Caribbean, under the
following conceptual divisions:
• Post-political independence to the 1970s.

• Mid-1970s to 1980s.
• During the 1990s.
• Challenges for the 21st century.
In the build-up to political independence in the 1960s, the

views of Moyne, more than Lewis, informed economic policy.
In Jamaica and Trinidad and Tobago, in particular, and to a
lesser extent Guyana, Barbados and the OECS
(Organisation of the Eastern Caribbean States), import
substituting manufacturing enterprises were established.
These investments were encouraged by legislative support
which provided a combination of fiscal concessions, import
protection and infrastructural support in terms of factory
shells and subsidised utility rates.
The most common legislation was that in support of

so-called 'pioneer' industries. In other instances, legal
incentives also were provided for investment in export
industries such as tourism, bauxite or natural gas.
8.3.1 Post-political independence to the 1970s
The process of political independence in the English-

speaking Caribbean began with Jamaica and Trinidad and
Tobago, both of whom were granted political independence
in 1962. Barbados and Guyana followed in 1966.
129
Economic policy in the context of the first decade of political

independence continued and deepened the emphasis on
import substituting industrialisation in Jamaica and Trinidad
and Tobago. In Barbados and the OECS, there was a similar
pattern, although to a much less extent, and paralleled by
facilitation of tourism development in Barbados and a few
OECS countries such as St. Lucia. Some of the OECS
countries also deepened their involvement in the production
of bananas for export.
8.3.2 Mid-1970s to 1980s
By the mid-1970s, the import substituting strategy began to

run out of steam. In essence, the quantum of output and,
hence, of employment creation to produce it was constrained
by the following two factors:
(i) The population of the West Indies was small and this
reflected itself in the size of the market.
(ii) The actual areas of import substituting industrialisation

were targeted at middle and higher income groups who
formed a small subset of the already constrained small
population.
Moreover, most of the inputs required for the production of

these import substituting manufacturing products, were
themselves imported. Since the sector did not earn foreign
exchange, its ability to produce was dependent on the export
earning sectors.
By the mid-1970s, Jamaica began to experience difficulties

in terms of its export earnings given a decline in bauxite and
sugar earnings, together with increased foreign debt service
obligations. As a result, the import substituting
manufacturing sector could not be sustained in the face of
foreign exchange shortages. Jamaica, therefore, began a
process of liberalising its economy by the end of the 1970s,
in the context of agreements with the International Monetary
Fund, World Bank, Inter-American Development Bank and
United States Agency for International Development
(USAID).
Trinidad and Tobago, as an oil producer, experienced an oil

boom from the early 1970s which, ironically, fuelled a
130
substantial expansion in the import substituting industrial

sector in the face of continued restrictions on imports in
areas of competitive domestic production and booming
consumer demand.
Tourism deepened in Barbados and at least some of the

OECS countries in this period, in the context of declining
prices for cane sugar exports. However, banana exports
experienced something of a boom for part of this period; as a
result of the strengthening of the pound sterling in which
banana exports were earned, relative to the US dollar.
Guyana continued to be dependent on bauxite, sugar and

rice exports, but experienced a decline in output in most of
these sectors. Guyana accommodated to its declining
economic fortunes in part by borrowing additional sums,
particularly from Trinidad and Tobago, and by effectively
defaulting on its repayment obligations. As a result, by the
end of the 1980s, Guyana's foreign debt stood at around
US$2 billion, of which 50% represented accrued arrears on
an original debt of around US$1 billion.
8.3.3 During the 1990s
By the mid-1980s, the oil boom came to an end and Trinidad

and Tobago began to experience some of the same foreign
exchange difficulties of Jamaica, including that of servicing
foreign debt. Trinidad and Tobago also followed the
Jamaican path of agreements with the IMF and World Bank.
Guyana also re-entered the international financial arena by
the end of the 1980s and began a process of liberalising its
economy.
8.3.4 Challenges for the 21st century
The politically independent countries of the English-speaking

Caribbean have been experiencing differing degrees of
difficulty in rising to the expectations of the independence
project. In at least two of the instances—Guyana and
Jamaica—the economies deteriorated to such an extent by
the end of the 1970s, that the last two decades have been
spent in attempts to recover from this damage, particularly in
terms of foreign debt obligations. Trinidad and Tobago has
been the English-speaking Caribbean country which has
experienced both economic boom as well as slump over the
past quarter century. In all three of these instances,
131
unemployment increased, together with poverty, by the

1980s. In the 1990s there has been some decline in
employment across all of these three Caribbean economies,
but poverty trends have been much more stubborn in terms
of a similar reversal.
Barbados and the OECS countries have not experienced the

economic troughs of the three largest English-speaking
Caribbean economies. However, Barbados did come close
to the brink in the early 1980s and sought IMF assistance.
Norman Girvan has compared the relative economic
performance of differing groups of Caribbean economies in
terms of population size in his paper. This paper captures
the fact that the smaller Caribbean economies have had a
more positive economic experience with the most positive
trends recorded among the non-politically independent
countries.
Also in the 1990s the world saw the onset of major

globalization. Globalization is economic interaction among
individuals and organizations in different countries. It is
expected that globalization would affect all forms of present
and future development, and the implications of globalization
for both the developed and developing countries are
currently the subject of intensive research and heated policy
debates.
With respect to economic and trade integration, at present

there are plans to incorporate the countries of the Western
Hemisphere into a Free Trade Area (The Free Trade Areas
of the Americas). Data shows that this trade bloc would
have a population of over 850 million, a GDP of 12 trillion
and a trade volume of 3.5 trillion.
SUMMARY
In this unit, the Caribbean economy was examined over

three historical periods: post-independence to the 1970s;
mid-1970s to 1980s and the 1990s. Also discussed were
the different development strategies put forward to develop
Caribbean economies during these time frames. The unit
concluded with a brief look at challenges for the 21st century.
132
Unit 9: Evolution of the Caribbean Society
Unit 9
Evolution of the
Caribbean Society
STRUCTURE
Overview
Learning Objectives
9.1 Caribbean Society: Historical Development
9.1.1 Indigenous inhabitants of the Caribbean
9.1.2 Arrival of the Spaniards
9.1.3 Competition for power
9.1.4 Slavery and the plantation
9.1.5 East Indian indentureship
9.2 Theories of Caribbean Society
9.2.1 Plantation society theory
9.2.2 Plural society theory
9.2.3 Creole society theory
Summary
OVERVIEW
In this unit, we will trace the evolution of the Caribbean society, beginning with a
discussion on Arawaks and Caribs, i.e., the indigenous inhabitants. We will also
outline the arrival of Columbus, the Spaniards and then, subsequently, other
Europeans, resulting in competition for power. This unit will also consider the
arrival of several other groups from culturally distinct regions of the world, and
will close with a description of the three major theories of the Caribbean society:
plantation society, plural society and creole society.
LEARNING OBJECTIVES
• describe the indigenous inhabitants of the Caribbean;

• outline the historical development of the Caribbean society from the arrival of
the Spaniards to the present;
• describe the major sub-cultural groupings in the Caribbean, and the
circumstances under which they arrived;
• describe the three major theories of the Caribbean society.
9.1 CARIBBEAN SOCIETY: HISTORICAL DEVELOPMENT
For the purposes of this unit, we have conceived the historical development of
the Caribbean society into the following important periods:
• Indigenous inhabitants of the Caribbean.

• Arrival of the Spaniards.
• European competition for power.
• Slavery and the plantation.
• East Indian indentureship.
We shall now discuss each of these, in turn.
9.1.1 Indigenous inhabitants of the Caribbean

Prior to the arrival of Columbus, the Caribbean was populated by mainly the
Arawaks and the Caribs. The lives of these people were forcefully interrupted by
the arrival of Europeans, initially the Spanish. This aggression, within a short
time, destroyed all significant traces of their presence.
The Arawaks
The Arawaks lived on the larger Caribbean islands and the Bahamas. They were
skilled sea people, and were engaged in fishing. They practised shifting
cultivation, producing several crops, including the root crop, cassava. The
Arawaks were very skilled in making pottery, baskets, cotton clothing, stone tools
and jewellery. They even had organised ball game competitions, held feasts,
religious festivals and dances. They were known to be quite friendly and peace-
loving, and showed very little resistance to European aggression.
The Caribs
The Caribs lived on the smaller islands, and were also skilled sea people and
boat makers. They had their own organised administrative structure, though this
was more decentralised than that of the Arawaks. Compared to the Arawaks, the
Caribs were more fierce and aggressive, and thus showed greater resistance to
European aggression.
Prior to external interference, the Caribs and the Arawaks demonstrated that they
possessed the will and capacity to survive, having their own culture, language,
administrative structure and religion. They conquered the physical environment,
and successfully adapted to their circumstances by obtaining their basic survival
needs. However, the ethnocentric Europeans never perceived them as fellow
human beings, with similar needs and feelings. They viewed them as primitive,
barbaric, uncivilised heathens, and as people without a legitimate culture. This
perception of the native Indians – that is, the Arawaks and the Caribs, serves as
justification for the Spanish to enslave, punish and even kill them.
Those who escaped from being enslaved, suffered by mere exposure to various
contagious diseases introduced by the Europeans, including small pox, malaria,
influenza and measles to which the natives had no resistance. These
unfortunate circumstances were responsible for a significant reduction in the
indigenous population. In the larger territories, only those who were able to move
far inland were able to escape the destructive tendencies of the Europeans.

Could you identify any traces of the
Amerindian presence in your territory? This
may include place, descendants, names, crops
or dishes.
Note:
9.1.2 Arrival of the Spaniards

The first Europeans to arrive in the New World were the Spaniards and they
exerted control over a significant portion of the region for over three hundred
years. During this time, there were many disappointments and changes in
fortunes. They plundered the natural wealth and destroyed the indigenous
inhabitants. The indigenous Indians died in large numbers due to Spanish
aggression, or were enslaved under the oppressive encomienda system.
However, the Spanish-Amerindian contact led not only to biological mating and
the emergence of mestizos (half Indian, half Spanish) but also to a blending of
the two distinct cultural forms leading to the formation of what Hoetink (1982)
calls the "old Caribbean" or the Hispanic Caribbean. This represented the
beginning of five centuries of culture contact and the genesis of an extremely
diverse Caribbean culture. As expected, because of the dominant-subordinate
power relationship between the two groups, more aspects of Spanish culture
were retained.
In the Caribbean today, it is not difficult to find many names of places, plants and
animals being derived from both Spanish and Amerindian words. Because of the
significant influence of the Catholic Church during the Spanish presence,
particularly on the norms and values of the emerging society, the Hispanic
territories had a more unified religious culture (Hoetink, 1982).
So influential was the Church, even books entering the Empire were censored.
But in spite of the power and influence of the Spanish, their pre-occupation with
the mainland territories and thus, neglect of the smaller islands, made way for the
entry of other "outsiders".
9.1.3 Competition for power

Spain used its wealth to increase its military strength and, thus, enhance its
dominance in Europe. Other European powers became envious of Spain's
success in the New World. Infiltration of the French, Dutch and English began
with "illicit" trading and pirate attacks on Spanish ships. These non-Hispanic
powers eventually settled on the neglected islands, and the Guiana coast. No
longer did Spain enjoy a monopoly of the territories of the New World, as the
other European powers gradually gained an increasingly stronger foothold in
formerly Spanish controlled territories.
The ensuing period was characterised by bitter conflicts and rivalry. Eventually,
the French, British and the Dutch took certain territories into their possession.
They too were interested in trade and production of commodities for European
markets, mainly sugar. The various European powers used their privileged
position to shape the culture and institutions in the territories they controlled.
Over a period of time, certain Caribbean territories came to be labeled as
English-speaking, French-speaking and Dutch-speaking. Though standard
European languages were dominant and, therefore, were used by the upper
classes in formal transactions, several Creole dialects evolved in the different
territories. Though these were initially used by the lower classes, they
successfully met the communication needs of their users and today command
greater respectability.
Apart from language, many other aspects of non-Hispanic European culture

found their way into Caribbean society. These include cuisine, religion, dress and
architecture. In the non-Hispanic territories, the Protestant churches were more
influential.

Select any one Caribbean territory. Trace the
control of this territory by the different
European powers. What impact did this have on
the contemporary culture of that territory?
Note:
9.1.4 Slavery and the plantation

In this section, we will discuss plantation slavery during the era of European
dominance.
Slavery
Slavery, a cruel practice of capturing persons against their will and placing them
in bondage, is one of the most inhumane episodes in human history. It, however,
lasted for over three hundred years in the Caribbean. During this time,
approximately five million Africans were imported from West Africa to the
Caribbean to provide labour on the sugar cane plantations. According to
Rogozinski (1992), several of the Africans were already enslaved in Africa, and
were sold to the Europeans by their African owners. All the major European
powers were involved in the importation of slaves. Rogozinski (1992) estimates
that by 1750, nine out of ten persons in the Caribbean islands were slaves.
The trauma and suffering thus began in Africa itself. In most cases, the captives
did not know what to expect. Traders could have spent several weeks
purchasing slaves, keeping them in chains while awaiting their full complement of
passengers for shipment. Captives were then transported under substandard,
overcrowded conditions across the Atlantic to the New World. A typical slave
ship could have had three hundred slaves and thirty-five crew members. Many
captives died or committed suicide even before reaching the Caribbean. Factors
responsible for death during the journey included poor sanitation, overcrowded
conditions, poor quality food, and contagious diseases. Those who survived the
journey were chosen by auction or by scramble to work on plantations in the New
World.
On arrival at the plantation where they were destined to serve, they were
branded, i.e., given a new name. They then underwent a period of seasoning, a
practice designed to strip the Africans of their former identity and prepare them
for their new subservient roles as slaves. The Europeans perceived the Africans
as less than human, and as such were able to justify the harsh and brutal
treatment that they meted out to them.
With the passage of time and the growth of individual plantations, slave duties
became more specialised and differentiated. Some enjoyed greater freedom
than others, depending upon the type of work they did.
Although most of the Africans would have been physically strong, they resented
the coercion and the inhumane conditions under which they had to work. For this
reason when slavery was abolished in the middle of the 19th century, the
ex-slaves moved as far away from the plantation as possible, often to the urban
areas. Apart from those who worked as peasants in subsistence agriculture, the
majority resented agricultural work.
The plantation
According to Beckford (1972), all plantations have certain things in common:
• Large areas.
• Unskilled workers.
• Centralised decision-making.
• Authoritarian management styles.

• Social and cultural differences between workers and decision-makers.
Because of the plantation’s potent and enduring influence upon its inhabitants, it
was described as a "total institution" by R. T. Smith. In this setting, groups of
people with completely different social and cultural characteristics, and having no
previous ties to each other, are brought together in the same society in order to
produce a commodity for export to metropolitan markets. Though economic
production was the primary purpose of the plantation, it was a total system and
its influence extended to all spheres of life. The rigid class-colour hierarchy from
the very beginning set the stage for the development of a social structure that
was stratified in all its aspects, with European culture and institutions being
considered superior.
Some scholars argue that the legacy of the plantation has shaped the outward
looking type of society that evolved in the Caribbean. Beckford (1972) notes that
"although slavery has been formally abolished for about four generations or so,
the basic structure of plantation society in the New World is very much what it
was during slavery".

What aspects of Caribbean social structure
today would you say has been shaped by the
plantation system?
Note:
9.1.5 East Indian indentureship

After emancipation, there were severe labour shortages on the sugar cane
plantations and East Indians were brought to the Caribbean to fill that need.
Compared to other groups that were tried, for example the Chinese and
Portuguese, the East Indians were found to be particularly suitable for the role of
agricultural labourers. Not only were they accustomed to hard work in hot and
humid weather conditions, but some suggested that their docile and controllable
nature made them more amenable to be supervised.
Since indentureship was initially for a fixed period, most East Indians saw
themselves as transients in an alien society. As such, they remained in isolation
and interacted with the wider society only when absolutely necessary, and
particularly for economic transactions.
There could also have been a deliberate attempt by the colonial authorities to
keep the East Indians apart from the other groups, particularly the ex-slaves.
The majority of East Indians came from the Gangetic plains region through the
Calcutta port, and a smaller number came from South India through the Madras
port. Hence, the North Indian culture of areas such as Uttar Pradesh (UP) and
Bihar became dominant among the East Indians in the Caribbean. In fact, the
proportions of the two major religious groups found among the Indians, Hindus
(about 85%) and Muslims (about 15%), were similar in Bihar and Trinidad around
the turn of the 20th century.
The majority of East Indians were brought to Trinidad, Guiana and Surinam,
whereas smaller numbers were sent to other territories, including St. Lucia and
Jamaica. In areas where East Indians were small in number, they were
eventually assimilated into the culture of the wider society. However, in areas
where East Indians were found in significant proportions, they quickly revitalized
many aspects of their heritage, particularly their ancestral religious practices.
They successfully resisted assimilation into the wider society even if it involved
loss of opportunity. As time went by, continued contact with India presented
them with more opportunities for Indian cultural persistence.
9.2 THEORIES OF THE CARIBBEAN SOCIETY
There have been several attempts to conceptualise Caribbean society.

Caribbean societies are relatively young and are still in a state of flux and
changing values. As a result of the region's history, there is still much cultural
heterogeneity, sometimes leading to rivalry and competition for political power in
some multi-ethnic societies like Guyana and Trinidad and Tobago. The scope of
this unit does not allow us to discuss this in any great length. However, this unit
describes three major theories of the Caribbean society. They are:
• Plantation Society.
• Plural Society.
• Creole Society.
We will describe each of these, in turn.
9.2.1 Plantation society theory

This is an attempt to explain Caribbean social structure on the basis of the
plantation experience (as described earlier in Subsection 8.1.4), which Craig
(1982) considers to be 'too simple and too reductionist'.
The Plantation Society

The plantation system played a dominant role in the economic, social, political
and cultural life of the Caribbean. George Beckford (1972) saw the plantation
system as a total economic institution, where “the internal and external
dimensions of the plantation system dominate the countries’ economic, social
and political structure and their relation with the rest of the world”. Plantations
have not only been a product of metropolitan capital, but also produced mono-
crop cultivation for overseas markets. The distinct features of the plantation
society are as follows:
• The prevalence of mono-crop cultivation

• The marginalisation of the peasantry and focus on large
producers
• Dependency on foreign investors to aid Caribbean
development.
• Little control of the price at which crops are sold on the
international markets. Prices are influenced by
international forces.
• Demand for foreign products at the expense of local
products.
• Social stratification is based on factors such as race and
colour.
The plantation was the major institution that played a significant role in the
development of Caribbean culture. The islands were developed where the
demand for foreign products dominated and vast amounts of goods were brought
in from abroad to satisfy the needs of the people. Even technology was imported
and today we even see a high demand for foreign commodities.
The plantation system was an all-pervasive design, which governed the lives of
all members who were engaged in production. Horowitz (1971) sees it as a
societal design which perpetuates a society divided into segments: one large and
unfree, and another that is small and free and which controls power in the
society. Beckford notes that in the 20th century after emancipation the Caribbean
society was still modeled along the lines of the plantation society. Best (1968)
comments on the lack of social integration and saw the populations that were
brought from all over the world existing as a plural society with no basis for
integration. M. G. Smith (1965) writing about Jamaican society also observed
that nationalism was slow to develop, and that the abolition of slavery "freed a
race, but failed to create a society.
9.2.2 Plural society theory

This is described as the most influential image of the Caribbean by Craig (1982)
and Sankatsing (1992). This theory was modified and applied to the Caribbean
by M. G. Smith. Basically, these societies are made up of different cultural
sections which all try to maintain their own values and institutions. These groups
only meet in the marketplace where they interact for economic transactions. This
theory is seen as too static and, hence, does not acknowledge the many
changes that have been taking place in these societies.
M.G. Smith applied the plural society thesis to Caribbean societies. The original
concept of the plural society was originally outlined in the work of J. S. Furnivall.
Smith believed that "people's culture form the matrix of their social structure..." In
his model, Smith explains that a common system of basic institutions is shared in
homogeneous societies. However, in plural societies, there are alternative and
exclusive institutions that exist and as a result the basic institutions are not
shared. Smith does not see such plural societies as being stratified by classes,
but there may be internal classification among the various races. In these
societies, he sees the major cultural elements, the Whites, Africans, East
Indians, and Chinese, each practising different forms of the common institutions
such as marriage, family and religion.
Smith (1965) examined Grenadian society where he identified two sections of the
society the Whites and Blacks. He also studied Jamaican society in which he
identified sections in society such as the Whites, Blacks and Brown or
intermediate categories. In Jamaican society, Smith identified alternative forms of
all institutions in the society. In looking at the family, he recognized other forms
besides the nuclear family.
Smith's thesis identifies:

1. Homogeneous societies are those with one set of institutions whilst those
with alternative institutions are heterogeneous
2. Those societies where the basic institutions (family, education and r
eligion) are not shared are plural societies.
The cultural sections in the Caribbean are Whites, Browns, Blacks, with East
Indians and Chinese, in other territories.
Smith's plural society thesis has been criticized by Brathwaite (1960), who
redefines a plural society as "one composed of such varying groups, each with its
own subculture, that only a few cultural symbols are shared by all". Braithwaite
criticizes Smith's theory:
1. on the grounds that every society is 'pluralistic' in that there is no
'homogeneous' society
2. that distinguishing between plural societies and homogeneous societies
is difficult
3. that plural societies are not always unstable. Societies may possess "a
rich cultural variation within a "highly unified national society"
4. Brathwaite disagrees that societies should be defined in cultural terms.
He speaks of shared values: universal-achievement values as opposed
to particularistic-ascriptive values. Universalistic-achievement are the
values to which all the groups aspire, and particularistic-ascriptive are
those values common to a specific group in society. Brathwaite was of
the opinion that the universalistic-achievement values shared by groups
in society are those values which hold the society together, as in
Trinidad: the East Indians and the Africans.
Carl Stone’s (1973) critique of Smith's thesis was based on a survey which Stone
conducted in Jamaica. According to his critique:
1. The differences are not based between the cultural sections, but have a
material base. These differences are related to income and resources.
2. The economy and the occupational structure should form the basis for
any analysis
3. Respondents saw themselves as belonging to 'classes' and not to
'cultural sections'. They were of the opinion that they belonged to one of
the upper, middle, working and lower class.
9.2.3 Creole society theory

This image of the Caribbean, developed by historians including E. K. Brathwaite,
is said to be the best attempt to acknowledge the changing nature of Caribbean
society, particularly the interaction between the various ethnic groups. It
emphasises, the meeting and fusion of cultures, particularly European and

African, to give birth to a new supposedly original culture. This creole culture,
formed through acculturation and inter-culturation, replaces the true indigenous
culture of the region, that of its original inhabitants.
This theory originated from Caribbean literary scholar Edward K Braithwaite.
Creolisation is a process of change and adaptation that occurs over time. In the
Caribbean, the mixture of languages, religious rituals, musical expressions,
cuisine and people, represent the creolisation of Caribbean culture and society.
Creolisation involves both acculturation and interculturation. Acculturation: a
process in which contacts between different cultural groups lead to the
acquisition of new cultural patterns by the subordinate groups. Interculturation
refers to the mutual , symbiotic exchange of cultural traits..
Plantation society fostered assimilation from the day of ‘discovery’ as the
Europeans suppressed the cultural beliefs and practices of all groups they
encountered. When differing cultural traits diffuse into a society on a massive
scale, the culture of the subordinate group is significantly changed. However,
acculturation does not necessarily result in new, alien cultural traits completely
replacing the old ones. There often is a syncretism, or an amalgamation of
traditional and introduced traits. The new traits may be blended with or worked
into the indigenous cultural patterns to make them more acceptable.
Creole Theory of Caribbean.

• Creolisation is reinforced by a paradigm of white dominance and black
subservience.
• In the Caribbean different groups/cultures are placed in a superior/
inferior relationship to each other. This relationship was Eurocentric in
nature.
High/respectable/ acceptable culture – Whites
vs
Non-acceptable/inferior culture – Blacks
• Relationships are based upon a colour/class hierarchy.
• Acculturation is determined by the Eurocentric superiority in society.
Dominant colonial powers dictated the official cultures (language, religion
or dress.) in the colonies.
• Native and acquired cultures are dependent on links with the homeland.
• Creolisation applied mainly to the African/European relationship, which
was true until mid 19th century. Subsequently there was the arrival of
many other groups.
• Creolisation presents a threat to Caribbean groups who are trying to
preserve their culture and heritage by excluding others.
• One of the reasons for creolisation was for ADAPTATION and
SURVIVAL. Creolisation /Indigenisation led to the creation of new
cultural forms.
Weakness
• It considers mainly the European/African relationship, and has largely
ignored the other groups in the Caribbean such as East Indians or
Chinese.
SUMMARY
In this unit, we discussed the historical development of the Caribbean society.
We conceived of the development in terms of the following five periods:
(i) Indigenous inhabitants of the Caribbean.

(ii) Arrival of the Spaniards.
(iii) European competition for power.
(iv) Slavery and the plantation.
(v) East Indian indentureship.
We explained the salient features of each of these periods and closed the unit
with a brief description of the theories of the Caribbean society.
( READINGS
• Augier, F. R., et al. The Making of the West Indies. London: Longman's,
1960, pp. 3 - 34.
(This reading discusses the voyages of Christopher Columbus and the
establishment of the Spanish Empire.)
• Beckford, G. L. Persistent Poverty. New York: Oxford University Press,
1972, pp. 53 - 83.
• Craig, S. “Sociological Theorising in the English-speaking Caribbean” in
S. Craig (Ed.) Contemporary Caribbean: A Sociological Reader, Vol. 11,
Maracas: College Press, 1982, pp. 143-180.
• Rogozinski, J. A Brief History of the Caribbean, New York: Facts on File,
1992, pp. 3 - 22.
This reading gives a vivid description of the geographical features of the
Caribbean region.
• Samaroo, B. “Two Abolitions: African Slavery and East Indian
Indentureship”. In D. Dabideen and B. Samaroo (Eds.) India in the
Caribbean, Warwick: Hansib Publishing, 1987, pp. 25-41.
Unit 10: Society and Culture in the Caribbean
Unit 10
Society and Culture in the Caribbean
STRUCTURE
Overview
Learning Objectives
10.1 Caribbean Peasantries
10.1.1 Historical evolution
10.1.2 Peasantry types
10.1.3 Benefits of the peasantry
10.2 Race and Ethnicity
10.3 Language in the Caribbean
10.3.1 Historical perspective
10.3.2 The contemporary period
10.4 Music in the Caribbean
10.4.1 Historical development
10.4.2 Contemporary music
Summary
OVERVIEW
In Unit 9, we acquainted you with the historical antecedents of
contemporary Caribbean society. In geographical terms, the Caribbean
can be defined as "... a set of tropical island societies situated within the
archipelago that curves from the Greater Antilles of the Bahamas in the
north, to Trinidad and the Dutch Leeward Islands off the Venezuelan
coast in the south, along with the continental coastal strip of the Guianas,
which have always been islands in everything except the strictly physical
sense". (Lewis,1983).
However, it has always proved difficult to provide a clearly delineated

cultural and geographical definition of the Caribbean. Though one can
find parallels with other post-colonial societies, the region's history and
its current relationships with other parts of the world make the Caribbean
socially and culturally unique. Furthermore, there are many significant
variations between one territory and another, based on resource
availability, economic fortunes, political climate and ethnic and religious
diversity. It is important, therefore, to recognise the heterogeneity that
characterises the region.
Keeping in view this unity in diversity, this unit attempts to highlight

various sociocultural elements which give the Caribbean its current
distinctive character.
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LEARNING OBJECTIVES
• outline the development and characteristics of Caribbean

peasantries as an important phenomenon in Caribbean life;
• explain race and ethnicity as important bases of stratification in
Caribbean society;
• discuss the evolution of standard and creole languages as important
aspects of Caribbean culture;
• discuss the evolution of various musical forms in the Caribbean as
aspects of popular culture.
10.1 CARIBBEAN PEASANTRIES
As discussed in Unit 8, the aboriginal populations of the Caribbean

islands were unable to survive the effects of conquest, and their numbers
declined drastically because of war, disease and maltreatment. (The
aboriginal people whose culture survived are the Island Caribs of
Dominica; the Garifuna (“Black Caribs” ) of St. Vincent and the
Grenadines and Belize; and the various aboriginal groups of Guyana and
Surinam.) People were, therefore, imported to the Caribbean from
various regions of the world, notably Africa and Asia, in order to serve
the economic interests of European colonisers. These groups
subsequently interacted physically and culturally to produce the unique
amalgam of peoples and cultures of the Caribbean.
10.1.1 Historical evolution

With the arrival of the Europeans, sugar cane production became a
major economic activity. As mentioned in Unit 8, the European settlers
enslaved the indigenous peoples and brought labourers from outside the
Caribbean, paving a way for the evolution of the Caribbean peasantry.
The plantation system exhibited the following characteristics:
(i) Large estates acquired mainly through mere occupation;
(ii) Production of a monocrop such as tobacco, cotton and sugar to be

exported to a metropolitan centre;
(iii) Forced and enslaved labour.
There were also some traits that typified the plantation system and had
some long-term ramifications on the economic, cultural and political
evolution of Caribbean societies.
These traits, according to Mintz (1985), include:
(i) The polarisation of two groups—one small group of European

masters and a large group of non-European forced labourers. This
146
segregation was reduced to some extent only because of the

emergence of a "mixed" group and the decline of slavery.
(ii) The pervasive nature of the plantation system prevented other

potential economic activities or the emergence of a significant
middle class.
(iii) The colonial system which restricted trade to the colony and its
metropolitan centre.
(iv) The political and cultural life of the islands was limited by slavery,
and was constantly under threat by the possibility of revolt and
rebellion.
Although these general traits persisted over generations, different islands

in the Caribbean developed along different paths, and at varying rates.
Some islands were even unsuitable for plantation development and as
such, the "role of slavery in the local economic life varied greatly from
one island to another, as well as from one time period to another" (Lewis,
1985).
After the abolition of slavery, a new problem arose, i.e., labour scarcity.
This problem was partially solved by the importation of contracted labour
predominantly from Africa and Asia. However, the planter class was
faced with the following dilemma:
• On the one hand, they needed to import labourers willing to work for
pitiful wages in hostile conditions, at a time when their mother
countries were advocating greater social justice.
• On the other, the unavailability of labour meant modernising the
industries which translated into greater capital outlay by the planters
at a time when enticing investors to the colonies was extremely
difficult.
This, along with other factors, contributed to the decline of plantation

production. The other factors include:
• sugar production by many other countries in the world;

• use of beet sugar as a substitute for cane sugar;
• the Europeans' declining interest in the colonies.
It is within this context that Caribbean peasantries emerged. According

to Mintz (1985) "...Caribbean peasantries, practically without exception,
have always grown in the crevices of their societies – before slavery, or
after slavery or in places where the plantations failed, or in places where
the plantation never came". Sometimes even when the plantation and
peasantry coexisted, they were still at loggerheads. They were
simultaneously dependent upon each other (as the peasants cultivated
their own land, and sold their labour during harvest time), and were in
conflict (as the plantation acquired the peasants' land through various
means). Even agricultural or infrastructural improvements such as credit
or roadways targeted the plantation sector and ignored the peasant
sector. However, against all these odds, the Caribbean peasantries did
survive.
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10.1.2 Peasantry types

One method of analysing Caribbean peasantries is to classify them into
"types", which reflect the numerous ways in which they historically
emerged. For example:
• In Barbados, cultivation on small farms was conducted by European

settlers themselves and not slave labour. The farmers grew a variety
of crops, but tobacco was the dominant one. The small size of the
farms did not require hired labour so that families usually cultivated
their own lands. Some of the produce was for subsistence, while the
remainder was for export. This realised the cash the peasants
required to purchase goods which they could not produce
themselves. However, the peasant farms were subsumed by the
plantation system which was dominated by sugar and not tobacco.
Slave labour was utilised and land was allocated to the production of
sugar cane. This generation of peasants was unable to compete
with the large-scale production, and as a consequence, the
plantations could purchase their lands. Further, these peasants were
unable to sell their labour to the planter class. As a result, the only
remnants of these peasants are the red-legs and a few impoverished
rural folk of European ancestry". (Lewis, 1985.)
• In Jamaica, Spanish Santo Domingo, Surinam and Brazil, runaway
slaves constituted the peasantry communities. These agriculturally
based "maroons", as they were commonly referred to, traded, often
illegally, with the people in the wider community to obtain items
which they were unable to produce themselves such as guns and
gun powder.
• In some territories, slaves were able to produce some of their own
subsistence. That is to say, on occasion, planters would allocate a
portion of their lands to slaves, allowing them to produce crops for
their own consumption. The slaves were even allowed some time off
the plantations to propagate their own produce. In some cases, the
slaves were able to realise a profit and even acquire enough savings
to buy their own freedom.
Note that we have barely touched upon just three of the various types of
peasantries. In other words, this unit does not purport to give you an
exhaustive list of peasantry types.
10.1.3 Benefits of the peasantry

Caribbean societies benefited from the peasantry in numerous ways. Of
the many, we shall touch upon two benefits:
• Rich cuisine. The peasantry helped carry on food preparation

techniques and traditions, as well as, create new ones. Various
foods were derived from Amerindian traditional foods such as
cassava, sweet potatoes, hot pepper; some from European foods
such as carrots and cabbages and some others from African foods
such as watermelon, bananas and okra. One can add quite a few
items to this list. What is important to note, is that, eventually,
148
various cuisines developed. While retaining their unique

characteristics, they reflected aspects of the region's heritage.
• Social/familial life. The peasantry played a significant role in the
maintenance of social and economic stability, especially in rural
areas. Small-scale rural producers would cultivate crops for
subsistence and sale, using family labour. They provided
supplemental sources of income, as families could not survive solely
on plantation wages. More importantly, they provided stability and
structure to family life.

Describe the historical development of
peasantries in the Caribbean.
Note:
10.2 RACE AND ETHNICITY
West Indian societies were mercantilist-based capitalist societies. The

unit of production was the sugar estate with the profit motive being
uppermost on the agenda. Foreign investors and West Indian planters
provided massive capital investments, while the cheap labour was
acquired initially through African slaves, and later, through, contracted
Asian immigrants.
The society was also deeply divided by race. Typically, this multiracial
society had its own associated skirmishes, inflicting indelible scars on the
people of the region. At the same time, all the European masters left
their ideas of racial superiority and Eurocentrism in the various colonies:
the English in Barbados, the Dutch in Surinam, the French in Saint
Dominique, the Spanish in Cuba, and so on.
149
One marked feature of the Caribbean is the fact that for about three
centuries these societies were based on slavery. The impact of this
persisted even after the abolition of slavery. According to Lewis (1983),
for example, the following were the two notable long-term consequences
of slavery in the Caribbean:
(i) The colonies developed into "breeding grounds of racist ideas

imported into the metropolitan centres".
(ii) The residual effect on the social psychology of two Caribbean

peoples was "feelings of dependency, inadequacy and low
self-esteem aggravated by poor national identity…”
We shall now study the racial composition of the Caribbean society, with
reference to a few territories of the region.
Cuba
Slave imports into Cuba continued into the nineteenth century, creating a
tremendous impact on the racial composition of the society. Before the
abolition of slavery, there were other sources of labour such as Chinese
and Amerindian. After abolition, with an expanding sugar industry, Cuba
obtained labour from other British West Indian islands and Haiti. Race
relations in Cuba remained tense, and culminated in 1912 when
approximately 3,000 Afro-Cubans were killed by the Government
because they were advocating economic and political equality.
However, the Cuban Revolution brought benefits to the lower and
darker-skinned sections of society. For example, there were expanded
educational facilities, which opened up various opportunities for social
mobility among the lower classes. Nevertheless, the Revolution also
resulted in the migration of middle class professionals and bureaucrats
out of Cuba.
Puerto Rico
The population size and poverty situation in rural areas of Puerto Rico
was such that they allowed the demand for sugar cane workers to be
filled by the internal workforce. There was the introduction to slaves who
worked together with the local plantation labourers to create an
interracial workforce.
After abolition, the number of ex-slaves was relatively small and

consequently, easily absorbed into the wider society. Thus, there was a
numerically significant group of free coloured persons for whom social
mobility was possible "for most people who suffered from no practical
inequalities and were not visually and culturally distinct from the elite"
(Hoetink, 1985; Knight, 1970).
The Lesser Antilles
These islands were reflective of a basic pattern: a minority of Whites at

the top of the social strata, a poor mixed group at the middle and the
slaves at the bottom.
Owners or overseers of plantations, technical and bureaucratic staff,
small and large traders, etc., constituted the Whites. Even within this
'highest social group' there were internal divisions based on wealth,
150
occupation and education. The mixed 'coloured' group, which occupied

the middle of the social structure, was often poor, yet received
preferential treatment from the upper class for jobs, which no whites
could or would take. Over a period of time, some coloureds attained
prestigious positions and decent remuneration, but were never accepted
as equals by the white upper class. At the bottom of the social ladder
were the slaves.
After an incredibly long spell of slavery and contract labour, territories in

the Lesser Antilles got political independence. Improved educational
opportunities, among other factors, allowed mobility among the black and
coloured sections of the population. Members of these groups are now
being promoted into areas previously monopolised by white elites. Even
after living in the region for generations, the white group maintains
institutions reflective of their parental elite centres. Attempts to retain
their language and culture generally, however, did not prevent them from
being creolised, having acquired different manners, beliefs and
inflections.
Jamaica
The social anthropologist, R. T. Smith, suggests that the Jamaican

society is a three-tiered class structure comprising:
• Upper Class: consisting mostly of local Whites, and some Syrian

and Chinese;
• Middle Class: consisting of coloured merchants, bureaucrats and an
upwardly mobile group of Blacks; and
• Lower Class: consisting of predominantly Blacks.
Note that Smith's classification of the Jamaican social structure does not
vary much from other classificatory schemes employed by other writers
to describe the wider Caribbean social structure.
Trinidad, Guyana and Suriname
In these three Caribbean territories, East Indians constitute a significant

proportion of the population. In Trinidad and Guyana, there is often
tension between the major ethnic groups (of African and East Indian
origins). Although much has improved over the last three decades, there
is still a lack of appreciation for each other's culture. In Surinam, the
class-colour hierarchy seems to override the culture-ethnicity variable.
For several generations, East Indians continued to engage in agricultural
activities. They preserved their cohesive extended family structure,
language and religious beliefs, while the African segments migrated from
rural to urban areas to move into non-agricultural pursuits. As a result,
cultural, racial and economic
differences were amplified by both geographical separation and
ignorance. It was only during the 1940s that the Asian groups started to
migrate to urban centres, becoming shopkeepers and entrepreneurs. In
Trinidad, they took advantage of educational opportunities made
possible by the Canadian Mission. They viewed education as a vehicle
for upward social mobility, thus their offspring formed an emergent group
of upwardly-mobile professionals. Although most East Indians became
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assimilated into the wider society in varying degrees, they retained many
of their ancestral traditions, often in a modified form.
The region also includes many ethnic groups in smaller proportions such
as Portuguese, Chinese, Italians, Javanese, Syrians and Lebanese.
Though many of these groups have become assimilated over time into
the culture of the wider society, they have all contributed in different
ways in shaping the rich cultural landscape that exists in the region.
Conversely, West Indians have also migrated out of the Caribbean. For
instance, there are Afro- Caribbean in England, New York and Toronto;
Indo-Caribbean people in Toronto, Miami and New York; Cuban migrants
in Tampa and Key West, Florida, and Hispanic communities in New
York.
In sum, the race and ethnic composition of the Caribbean make the
region one of the most heterogenous in the world. Most of the present
population was not indigenous to the region, but came either voluntarily
or by coercion from Europe, Africa, Asia and later on, North America.
Many of the islands exhibit their earlier social structure of upper white,
middle brown and lower black classes, but have since undergone
significant changes due to the arrival of several new ethnic groups and
the increased incidence of social mobility after several territories
achieved political independence from the colonial powers.

Give an account of the multi-ethnic and multi-
racial character of the Caribbean.
Note:
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10.3 LANGUAGE IN THE CARIBBEAN
As a manifestation of their respective colonial powers, the Caribbean

territories are often referred to with a qualifier, i.e., English-speaking,
French-speaking, Spanish-speaking or Dutch-speaking. The
English-speaking islands have designated English as the only official
language, while in the French-speaking islands, comprising Haiti,
Martinique, Guadeloupe and French Guiana, French is the official
language. In these islands, however, a majority of people do not speak
French in their everyday interactions. In Haiti, for example, people use
Haitian Creole, Haitian/French Creole and/or Creole/patois. The
Spanish-speaking Caribbean islands are Cuba, Puerto Rico and the
Dominican Republic, where Spanish is the official language. However,
they also have a dialect/variation of Spanish. The Dutch-speaking
portion of the region includes Suriname and the Netherlands Antilles
(Curaçao, Aruba, Bonaire, Saba, St. Eustatius and St. Maarten) and all
share Dutch as the official language.
Quite apart from this simple classificatory schema, one can discern
language situations which are very complex. In other words, these
qualifiers conceal the linguistic complexity that is the reality of Caribbean
languages. According to Alleyne (1985), "… trade and contact jargons,
creole languages and dialects, ethnic vernaculars and regional and
non-standard dialects are all spoken. There are also ancestral
languages used for religious purposes (Latin, Yoruba, Kikongo), regional
standards and international standards. And there is multilingualism,
bilingualism, monolingualism, dialossia and a post creole continuum".
Further, there is also a difference between the "… official norm of English
and the nonstandard colloquial variety of English which is strongly
influenced by the French Creole language".
10.3.1 Historical perspective

The diversity and complexity of the language situation existing in the
Caribbean is a direct result of the contact among immigrant groups of
diverse origins. Thus, the language pattern is reflective of this cultural
diversity. You should note that even within Africa and India, for example,
regional differentiation with regard to language and culture is significant.
One characteristic feature of the Caribbean linguistic pattern is the

existence of forms of speech referred to as "creole". Creole is
sometimes used to refer to the people, culture and society, but according
to M. Alleyne (1985), "… its reference is both imprecise and different in
the Spanish Caribbean from the British and French Caribbean". In the
Spanish-speaking regions of Cuba, the Dominican Republic and Puerto
Rico, a non-standard dialect of Spanish is spoken.
However, the languages of the Africans and their descendents that

emerged in the colonies were considered to be inaccurate derivatives of
some European language. They were compared to "baby talk" that
mirrored the assumed inherent biological inferiority of Africans. Creole
was considered appropriate for use in folklore, folk music, swearing and
the like, but was unsuitable for intellectual purposes.
153
These factors created a bias against the use of creole languages

throughout the region. It is very important to realise that, according to M.
Alleyne, "language not only is correlated with social class differences and
generally used as the most widely recognised index of social class, but
also has become associated with backwardness and lack of "culture",
whereas the use of the standard form of European languages is
associated with intelligence, enlightenment and "culture". The use of a
creole language of dialect is seen not only as socially restrictive,
prohibiting the social mobility of the user, but also as intellectually
restrictive, leading to bad or inadequate habit of thought".
10.3.2 The contemporary period

In the contemporary period, two main factors have led to a reduction in
the negative ways in which creole languages were previously viewed.
These are:
(i) new insights into the nature and historical evolution of creole
languages. Linguists now have a clearer understanding of the
effect of social and cultural factors on language development; and
(ii) political and cultural developments which have contributed to the

Caribbean gaining political and cultural independence.
Nevertheless, there are still some segments of Caribbean society that

perceive creole languages as not "real" languages and argue that they
hamper national growth and development.
In some situations, where there is limited contact between people whose

native languages cannot be mutually understood, there is the
development of trade and contact jargons. Further, they have a
tendency to disappear when the contact between the parties stops. If
these jargons become well recognised, they are referred to as pidgin.
When different populations begin to socialise, they use the pidgin as the
common language and their offspring may learn it as their first language.
At this point, the pidgin is now referred to as creole.
This creole form of language exists throughout the Caribbean and is now
gradually being used in "… scientific discourse and as a medium of
instruction at different levels of the educational structure" (M. Alleyne,
1985). Creole languages are being used in spheres that were previously
taboo. It is not uncommon now to hear this form of language being
utilised on television, radio and newspaper advertisements and public
service announcements.
In sum, the importance of creole languages as an extremely effective

tool, which can be utilised to mobilise and educate the masses, is being
recognised.
154

Explain the process of language creolisation
in the Caribbean.
Note:
10.4 MUSIC IN THE CARIBBEAN
Caribbean music has been a resounding success on the regional and

international scene. Trinidadian calypso, Afro-Cuban music, and
Jamaican reggae, to name a few, have received airplay not only in North
America and England, but also in countries such as Sweden, Germany
and Japan. Similar to other cultural elements in the West Indian society,
the music of the region is very diverse, and varies from one area to the
next.
10.4.1 Historical development

The majority of West Indian music has undergone the process known as
creolisation. These musical forms are relatively new products which
have emerged out of a combination of older forms which were similar in
many ways. This can be attributed to the fact that the creolisation
process brought together two major musical forms: European and
African.
These European musical forms included Spanish, French, British, and to

a lesser extent Dutch, Danish and Portuguese influence. The African
influence included West, Central and to a lesser extent, East African.
Background information on the slavery-era influence on the musical
heritage of the Caribbean is vague and influenced by Eurocentrism and
other distortions. The creolisation process started as early as the
passage from Africa to the Caribbean. Slaves danced on the ships to
155
music from the concertina or fiddle which was a European instrument,

African percussion instruments and even combinations of the two.
Creolisation also occurred between the various ethnic African groups
where cultures and languages differed significantly from each other—a
process referred to as "inter-African syncretism".
In addition, there existed musical forms which were one hundred percent
European, performed initially by Europeans playing European musical
instruments. However, as slave musicians were introduced to these
musical patterns, new musical styles which were a combination of
African and European elements began to emerge.
Music played a very important role in the daily lives of the slaves. For
example, on days when the slaves were allowed some time off from the
plantations, there would be large musical events. These events usually
bore some religious significance—they were related to slave funerals
and 'spirit possession'. These events were actually viewed by the
colonial masters as one way to release tensions (among the slave
population) before they culminated and incited a rebellion.
During the work day, the field workers toiled to the accompaniment of
songs carried out in a call-and-response style by a leader and chorus.
These songs, sung in the creole language, acted as a mechanism
through which persons, including the European masters, could be
mocked and critiqued.
There were also local carnivals which started as European religious

holidays, but gradually changed as innovations from slaves and free
blacks permeated these observances. Further, Europeans had their own
social dances such as the waltz, polka and reel where slave musicians
provided the accompaniment. The slaves eventually incorporated their
own styles into these dances and made them part of their own
performances.
The picture was further enriched after Emancipation. For example, with
the advent of Christian missionaries and Asian indentured labourers,
foreign cultural and musical elements were added to the existing musical
forms.
10.4.2 Contemporary music

The idea of contemporary music conjures up images of Trinidadian soca,
Jamaican reggae or the cadence of Haiti and the Creole francophone
islands of the Lesser Antilles. These styles emerged simultaneously with
other social processes—urbanisation, large-scale migration and new
technologies. The creolisation process has been perpetuated to create
new musical forms, which are still evolving into even newer forms.
This can be clearly illustrated in Trinidad's first urban musical form—the

calypso. Calypso emerged primarily within close proximity to the capital
of Port-of-Spain where the rural inhabitants had settled. The calypso
underwent several notable changes over the course of its development.
It was influenced by a number of folk traditions such as bamboula and
belair (bélé), and the drum rhythms of the kalinda stick-fighting tradition.
Soon, even stringed instruments including the guitar and cuatro were
incorporated into the style. Other instruments were added by the 1920s
156
and 1930s. Some of these were bass, trumpets, saxophones, and the
like. The tamboo-bamboo, later replaced by the steel pan, also shaped
the modern-day calypso. Even the drumming rhythms of the shango cult
and hossay traditions were added.
The Jamaican contemporary musical style also went through a similar

evolutionary process. Initially, a local style known as mento developed
and was closely followed by ska in the late 1950s, early 1960s. Ska,
after being influenced by North American "soul" music and other forms,
evolved into "rocksteady". This form again matured into the famous
reggae style.
Another important influence on the region's music is the immigrant

communities in Europe and North America. This constant flow of people
into and out of the region ensures that musical forms are constantly
being enriched. Thus, Caribbean music has transcended strictly regional
boundaries and has been influenced by international "flavours".
In sum, Caribbean musical forms such as the Trinidadian calypso and

Cuban rumba, to the more recent ones such as reggae and chutney,
have successfully penetrated international markets. The music patterns
are constantly changing to incorporate new influences, while at the same
time retaining traditional elements to produce a scintillating music that is
unmistakably West Indian.

Describe the contribution of music in the
shaping up of the Caribbean society.
Note:
157
SUMMARY
In this unit, we discussed the various socio-cultural elements which give
the Caribbean its current distinctive character. We began this unit with
an outline of the emergence of the Caribbean peasantry, and traced its
historical evolution. We then looked into the contributory factors that
made the Caribbean a multi-racial and multi-ethnic society. In this unit,
we also learnt about the languages and music forms in the Caribbean.
( READINGS
Hoetink, H. (1985). Race and Colour in the Caribbean in Caribbean
Contours by S. Mintz and S. Price (eds.).
Lewis, G. (1983): Main Currents in Caribbean Thought.

Chapter 1.
Mintz, S. From Plantations to Peasantries in the Caribbean in Caribbean

Contours by S. Mintz and S. Price (eds.).
158
Unit 11: Caribbean Social Problem
Unit 11
Caribbean Social Problems
STRUCTURE
Overview
Learning Objectives
11.1 Poverty
11.1.1 Definitions of poverty
11.1.2 Theoretical perspectives on poverty
11.1.3 Causes of poverty
11.1.4 Poverty alleviation
11.2 Urbanisation
11.2.1 Demographic factors
112.2 Socio-economic factors
11.3 Policy Implications
Summary
OVERVIEW
In this unit, our focus will be on some of the social problems in the
Caribbean. Admittedly, what constitutes a social problem varies from
one society to the other and from one point in time to another. For our
immediate purposes, however, we will discuss the social problems of
poverty, urbanization and crime.
Now, at the outset, let us be clear about the distinction between a social
problem and a sociological problem. A social problem may be behaviour
that goes against the norms or standards of a particular society to the
extent that it becomes an issue for public concern. It is usually
punishable by law. Consequently, governments may be forced to
intervene in an attempt to rectify the problem. A social problem,
according to M. Cross (1970), is "normally meant some established
pattern of human behaviour which does not conform to accepted social
standards". And, a sociological problem is "… suggested by the
theoretical development of an academic subject whose prime goal is the
scientific understanding of man in society" (Cross, 1970).
LEARNING OBJECTIVES
• describe poverty;
• discuss the theoretical perspectives on poverty;
• explain the causes for and measures to alleviate poverty;
149
• discuss the demographic and socio-economic factors contributing to

urbanisation;
• discuss the implications of urbanisation for government policy in the
• define crime
• describe types of crime
11.1 POVERTY
Despite the Caribbean's successful attempts at improving the standards

of living of the general populace, there is still the paradoxical and
persistent presence of poverty. Poverty in the region is estimated at
38% of the total population, ranging from a high of 65% in Haiti to a low
of 5% in the Bahamas. The phenomenon is not endemic to Caribbean
societies alone, but is reflective of the global situation. For example,
1997 was declared the Year of Poverty Eradication by the United
Nations, as the focus shifted away from economic growth to the
distribution of this growth.
Poverty is correlated to other social problems, such as:
(i) Migration.
(ii) Crime.
(iii) Environmental degradation.
Before we address ourselves to these, let us first define poverty.
11.1.1 Definitions of poverty

Admittedly, it is neither easy to define poverty nor measure it accurately.
However, two main constructs are widely used to measure poverty.
These are:
(i) Absolute/subsistence poverty: This is considered a condition of failure to meet the bare
essentials of 'physical existence'. (Recall our discussion of needs and wants in Unit 7.)
Individuals are, therefore, unable to consume that which is necessary for mere survival, i.e.,
minimum amounts of food and non-food (such as clothing and shelter). Absolute poverty is
customarily estimated through the use of a poverty line, which involves placing a monetary
value on a 'basket of goods', i.e., food and non-food, deemed necessary for survival.
Individuals are classified as poor or falling below the poverty line, if they are unable to
purchase that basket of goods because of their low-income level.
(ii) Relative/normative poverty: Unlike absolute/ subsistence poverty, this concept usually
defines poverty in relation to a general standard of living and an accepted quality of life.
People are considered "poor" if they do not have access to certain goods and services
considered "essential" or "basic" when compared to the rest of society. Thus, individuals "feel"
deprived relative to other members of society. This concept was developed in order to
overcome some of the perceived limitations of the measurement of poverty in its absolute
sense. For example, criticisms against the measurement of poverty in absolute terms, include:
• Definition of minimum nutritional requirements: Factors such

as climatic conditions, sex, occupation, and the like, will cause
variations in the levels of food intake for individuals. Therefore,
to establish a set level of nutritional intake is problematic.
150
• Selection of non-food items: How does one ascertain what is

to be included into "non-food items"? What about access to
education, drinking water, sanitation, etc.? This invariably
introduces an element of subjectivity into the selection of
non-food items.
• Differences in households and composition: A household containing two elderly
persons, as opposed to one with four teenagers, for example, will indeed impose
different requirements for households.
Simply put, we can define poverty only with reference to a particular society at a particular point in
time.

Describe poverty.
Note:
11.1.2 Theoretical perspectives on poverty
We shall now examine three theoretical perspectives on poverty. Note,

however, that we do not intend to discuss them in detail at this stage.
The three are the functionalist, the Marxist and the Culture of poverty
perspectives.
Functionalist perspective
As one sociologist puts it, poverty exists in society, and will always exist
because it is useful and functional for certain groups in society. The
functions of poverty to the 'non-poor' include the following:
(i) Poverty ensures that there is an available pool of people to perform menial, dangerous
and uncomfortable jobs that no one else is willing to undertake. It also provides staffing for
mass-production industries which provide goods and services to the non-poor, but cannot
151
afford high wages. Such industries include catering, agriculture and garment construction. In
effect, the poor subsidises the consumption of the non-poor by reducing costs to this group.
(ii) Poverty protects the interests of the non-poor. Services directed at the poor provide
financial and employment security to a growing number of non-poor. For instance, social
workers, police and prison officers, and lawyers all have a vested interest in the poor.
(iii) Poverty performs a psychological function by providing the non-poor with a positive
reassurance of their own worth by producing examples of failure. It, therefore, provides a
measure of status comparison.
(iv) Poverty readily provides an effective scapegoat for the non-poor. For example, all the
problems in society can always be blamed on the poor.
(v) Poverty contributes to various art forms. Jazz and the Blues are the significant
contributions of the poor Africans in the United States of America. The poor have used the
arts as a means of expressing themselves.
Marxist perspective
According to this school of thought, poverty plays an integral part in the

overall inequality that characterises capitalism. In a capitalist society,
wealth is concentrated in the hands of a minority (those who own and
control the means of production) who are constantly trying to attain
cheaper sources of workforce; to automate their production systems
(thereby eliminating the need for workers); or to relocate their factories
out of the country, etc. This causes the poor, who are increasingly
composed of industrial workers, to be displaced from their jobs. This
trend, which is characteristic of all unregulated capitalist societies,
creates a 'reserve army of unemployed' that, in its desperate search for
income from any source, drives down wages for all workers.
Some states have attempted to provide some welfare relief to the poor.
The underlying concept was to attempt to redistribute society's wealth by
taxing the rich and using the funds obtained to pay for social services
which would be utilised mainly by the poor. According to Marx, these
provisions did not have much success, but it reduced some of the more
debilitating effects of poverty.
CuIture of poverty perspective
This concept was developed by Oscar Lewis based on a 1961 study of

Mexico, called 'The Children of Sanchez' and a 1966 study of Puerto
Rico called 'La Vida'. A 'culture of poverty' arises among people who
have experienced extended periods of economic deprivation. Under
these depressed conditions new norms, values and aspirations are
developed. These eventually become independent of the situations that
produced them, so that eliminating the problem does not eliminate the
behaviour that has been developed to deal with it. Consequently, the
result is a self-sustaining system of values and behaviour that is handed
down from one generation to the next.
According to Lewis, the poor also exhibit the following characteristics:
• Strong feelings of dependence, helplessness and inferiority.
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• The inability to defer gratification, that is, putting off today's needs for
future gains.
• A sense of fatalism.
• Family life is usually characterised by consensual unions, that is,
there are few legal marriages.
• High levels of abandonment by fathers and spouses, of mothers and
children.
• Lack of effective participation in the institutions of society.
However, Lewis' theory has also come under criticism. The contention,
for example, is that:
(i) The characteristics of the poor, described by Lewis, are not true in
all communities. For example, in the Shanti Towns of Peru, there
is a high level of participation in community institutions. Further,
the family characteristics are not true in all Shanti Towns of Peru.
(ii) The poor have the same norms and values as the rest of society,
but they are unable to achieve them because of structural
constraints such as unemployment, lack of educational
requirements and low income. These structural constraints
influence the way they act and behave.

Describe the three theoretical perspectives on
poverty.
Note:
Now, before you read Subsection 10.1.3, write down what you think may
be the important causes for poverty in the Caribbean?
10.1.3 Causes of poverty
153
There are numerous interrelated factors which have contributed to

poverty in the Caribbean. According to the World Bank Report (1996),
these include:
(a) low economic growth;

(b) distortions in the labour market; and
(c) low quality social services.
We shall look at each of these, in turn.
Low economic growth
Poverty in the region has increased in those countries with low or

negative economic growth rates for prolonged periods. This situation is
partly due to:
(i) external shocks (such as changes in international demand for a

country's exports, changes in the international interest rate on a
country's external debt, or natural disasters);
(ii) inadequate domestic policy responses (such as significant

increases in external borrowing and expansionary monetary and
fiscal policies).
The Report further admits that it is not possible to quantify the direct
impact these economic shocks and policy responses may have on
poverty. However, they have resulted in overall declines in per capita
GDP (Gross Domestic Product), in real wages and in social sector
expenditures. These combined forces have undoubtedly caused some
increases in poverty during the 1980s. Examples of countries which
have suffered substantial declines in their GDP during this period,
include Trinidad and Tobago, Surinam, Jamaica, the Dominican
Republic, Guyana and Haiti.
For some countries experiencing disequilibrium, the 'solution' has been

structural adjustment. (Recall Subsection 5.3.2.) Although these
structural adjustment policies (SAPs) can have adverse consequences
for the poor through exchange rate devaluation, tariff reform, and tight
monetary and fiscal poverty, they are clearly not the cause of poverty.
Distortions in the labour market
The World Bank Report mentioned earlier further states that poverty also
results from low wages, low labour returns to rural and self-employment
activities and, in some instances, prolonged unemployment periods
which are all affected by distortions in the labour market. These
distortions are caused by the following:
(a) Government regulations.

(b) Minimum wages.
(c) Public sector wages.
(d) Unemployment.
(e) Underemployment.
1. Migration.
154
These distortions impact on the poor through:
(i) limiting job growth and absorption capacity in the formal sector.
(ii) high labour costs in the formal sector which leads to

over-expansion of a low productivity informal sector. Consequently,
wages in the informal sector (where many of the poor work) are
pushed downwards.
(iii) preventing on-the-job training and a chance at acquiring skills for

unskilled youth through the enforcement of minimum wages which
may deter employers from providing such opportunities.
Low quality social services
The overall low quality of education and health services are also causes
for poverty. Although Governments of the region are strongly committed
to the provision of these services, real expenditures on health and
education have declined in many countries over the past decade.
Physical structures have deteriorated; equipment is lacking, broken or
obsolete; teaching aids are limited, if not non-existent, in some schools;
and there are shortages of medical supplies in many health centres. The
poor are particularly vulnerable, as they rely more heavily on the public
sector, have higher rates of malnutrition, but have lower access to
education, preventive care, potable water and sewage. In urban areas,
particularly, they often live in unsanitary, overcrowded conditions.
11.1.4 Poverty alleviation

There are a variety of mechanisms which have evolved to assist the poor
to cope with their situation. These include:
(i) Formal Safety Nets: This usually consists of a national insurance scheme, social or
public assistance and a variety of other social programmes targeted towards specific groups
such as school feeding programmes, social funds and public works/unemployment relief
programmes.
(ii) Informal Safety Nets: These have traditionally been provided

through the family and the community. The extended family
generally has provided a safety net not only for elder members, but
also for the younger ones entering the job market or starting their
own family.
(iii) Alternative Programmes: These programmes are aimed at promoting income-generating

activities. Thus, facilities exist which provide access to credit, technical assistance and training
for small business development for the poor. Many of these programmes have afforded the
poor some degree of financial viability.
There have also been many successful projects at the community level,
geared specifically to reducing and alleviating poverty. These projects
have the advantage of building strong consensus and commitment,
leading to greater sustainability, greater adoption of new practices and
better utilisation of services. Key initiating organisations include
non-governmental organisations (NGO's), community-based
organisations (CBO's), local government and other national and regional
level network organisations.
155
Besides, migration is one method the poor use to help them cope with
their situation. However, there are a few side effects of migration. For
example:
1. Macroeconomic Impact: Estimates of the value of remittances for

several countries estimate that they account for approximately 6% of
the Gross National Product (GNP) for some countries. This inflow of
foreign currency has the effect of appreciating the exchange rate. As
a result, incentives favour the non-tradable sector as the value of
assets in limited or fixed supply (such as land and housing) escalate.
Thus, it becomes difficult for individuals, especially those who are not
in receipt of such remittances, to be able to effectively purchase such
assets.
• Labour Market Effects: Many emigrants are also skilled workers.
This "brain-drain" has a very debilitating effect on the economic
growth potential of the region. Further, the Government may have
made a significant investment in educating these individuals, but
derive no benefit from their training.
• Family Impact: One important social dimension of migration is the
instability of family life as the immediate family unit is eroded when
one parent or guardian is left to care for the children. This situation
can eventually lead to serious problems such as vagrancy, drug and
alcohol addiction and criminal activity among the youth.
Poverty reduction strategies
From time to time, governments and international funding agencies come

out with strategies for poverty reduction/alleviation. Some of these
strategies involve:
• promoting economic growth and sustaining macroeconomic stability;

• creating new employment opportunities and increasing wages in the
labour market;
• improving the quality, efficiency and equity in the delivery of social
services;
• ensuring good governance and developing new partnerships
between central government, local government, NGO's, CBO's,
labour unions and the international community;
• addressing problems of crime and violence;
• improving the social safety net;
• promoting community participation; and
• establishing poverty, monitoring, and evaluation tools.
Before you read any further, note that issues of poverty and
environmental degradation are inter-linked. The relationship is such that
poverty leads to environmental decay and this, in turn, engenders
poverty. However, it should be noted that poverty per se does not
automatically imply degradation.
In the Caribbean, the following demonstrate the inter-link between

poverty and environmental degradation:
156
(i) The geographical concentration of the poor causes serious degradation. These poor
groups usually live in highly vulnerable ecological areas, susceptible to the effects of soil
erosion, land degradation, floods and other ecological disasters.
(ii) The poor, especially in rural areas, also tend to be more reliant on 'common property'
resources to which everyone has access, such as forests and fishing areas. These resources are
more prone to becoming degraded from overuse than those privately owned, or where there are
effective communal controls.

State the causes of poverty and list the
measures to alleviate poverty.
Note:
10.2 URBANISATION
The World Bank Report (1991) shows that since 1950, the world's urban
population has expanded from under three hundred million to 1.3 billion.
The unrelenting annual growth of 4% adds some forty to fifty million new
urban residents a year. Hope (1986) predicted that between 1950 and
2000, the urban population of the Third World will grow by an estimated
factor of 7.7. What does all this mean? This means that there has been
a process of urbanisation over years. Let us explain this phenomenon a
little further.
The term urbanisation is described differently by different people,

depending on the context in which it is used. For instance, it is described
as:
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• "... the process whereby the balance of a population shifts from

residence in rural to urban locations." (Cross, 1977)
• "... the process of growth in the urban proportion of a country's entire
population." (Hope, 1986)
• "the diffusion of the system of values, attitudes and behaviour called
"urban culture." (Castells, 1977)
These descriptions should give us a general understanding of the term

urbanisation.
When governments embark on urbanisation, they do so in a planned

manner. However, there is unplanned urbanisation as well. Of various
reasons for unplanned urbanisation, we shall study two contributory
factors here. These are:
• demographic factors;
• socio-economic factors.
We shall discuss these two factors, respectively, in Subsection 11.2.1

and 11.2.2.
11.2.1 Demographic factors

Under demographic factors, we will analyse the rapid population growth
in terms of:
• natural increase; and

• migration.
Natural increase
The increase in urban population, attributable to a natural increase, can

be calculated by the differential between the mortality/death rates and
fertility/birth rates.
• Mortality rate: Third World countries have been experiencing

declines in mortality rates since World War II. There have been
substantial reductions in the death rate with the advent of the germ
theory of disease, the introduction of immunisation, and the whole
revolution in medical care including technological innovations.
Advancements in medical sciences result in eradicating illnesses
such as the bubonic plague, typhoid and polio from many areas of
the world. Though this contributes to urbanisation, reduction in
mortality rate is an indication of the growth of a nation.
In seeking to attain even further declines in mortality, the following,

among others, must be addressed:
(i) Public health services such as immunisation.
(ii) Health and environmental services such as clean water,

proper sanitation, and the like.
(iii) Individual characteristics including income, which impacts on

health (vis-a-vis food consumption), and education.
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• Fertility rate: Initial fertility declines in the Caribbean were

experienced during the late 1950s and early 1960s. This was due to
the fact that during this period more women sought higher education
and entered into professional careers.
Fertility rates are also higher in the rural as opposed to urban areas
in the Caribbean region. A partial explanation is that urban women
are more educated than rural women and many urban women are
actively engaged in work activities outside of the home.
Migration
People from rural areas migrate to cities in an attempt to enhance the

overall quality of their lives, and this contributes to urbanisation. It has
been noted that the rates of rural-urban migration in the developing
countries are indeed very similar to that experienced by the developed
countries.
Hope (1986) argues that a large proportion of the migrants are young
adults in search of economic betterment in urban areas. There is a
further implication as these individuals, because of their ages, have
higher fertility rates than the rest of the urban population. This would
have long-term repercussions as this represents a further increase to the
urban population.
The contribution made by these demographic variables can be

calculated using the Balancing Equation. That is to say,
Natural increase (NI): Births - Deaths
Net migration (NM): In-migration - Out-migration
The balancing equation is:
Pt + 1 = Pt + NI + NM
where: Pt + 1 = Population at any time in the future

Pt = Present population
11.2.2 Socio-economic factors

In the post-World War II period, cities were seen as the agents of
development or engines of growth. During this period, the dominant
economic paradigm was that of modernisation. It was posited that
economic benefits would 'trickle down' from developed to developing
nations and similarly, from capital cities to rural peripheries.
Economic growth did occur in the majority of developing nations. But the
growth-rate was moderate. Also, the growth was lopsided, in that urban
areas captured the lion's share, relegating the rural majority to the
background. Consequent on this inequitable distribution of benefits
derived from growth, rural regions in developing nations remained
underdeveloped. Rural underdevelopment triggered people to migrate to
urban centres in an attempt to improve the quality of their lives, through:
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• Employment: Economic motivation was the most influential factor for

migrants in their pursuit of a better life. Despite high levels of urban
unemployment, there still were relatively more employment
opportunities in the urban centres than in the rural set up.
• Employment guaranteed higher income earnings: In fact, migration
occurred due to the perceived income gap between the rural
agricultural sector and the advanced urban sector, and between the
rural sector and the informal urban sector.
• Education: Education was viewed by rural inhabitants as another
means of improving their lives. They believed that education would
help them escape from the miseries of rural underdevelopment.
Rural people with educational qualifications would find jobs, and by
extension, remuneration commensurate with their qualifications
located mainly in the urban centres. Also, a wide range of
educational institutions were readily accessible in urban areas for
those interested in obtaining non-farming skills and qualifications
ranging from secondary to vocational education, and polytechnics to
university levels.
An important factor contributing to rural underdevelopment, and

subsequent migration has been the declining economic importance of
the agricultural sector in terms of its diminishing contribution to the Gross
Domestic Product. Additionally, people also migrate into urban centres
for other reasons. Amongst them are included better civic services, and
the status and prestige attached to urban living.
Consequences of urbanisation
As urbanisation occurs, a proportional host of practical problems

emerges. These include:
• Requirements of the urban labour market: Although there is some

shortage in the professional labour supply because of the brain drain
effect, supply of labour in urban centres usually outstrips demand.
This leads to high rates of unemployment as rural migrants add to
the excess supply, or as they occupy positions which would have
previously been filled by local residents. The full ramifications of
unemployment are not easy to decipher, but the consequences
include poverty, crime, and the like.
• Lack of housing: The cost of accommodation tends to become
expensive, as the demand is in excess of supply. As a result, there
is the prevalence of squatter settlements, urban settlements, shanty
towns, and overcrowding.
• Lack of basic services: There is also a strain on basic services.
Urban dwellers, for example, suffer from a lack of access to clean
and regular water supplies and proper sanitation.
• Crime and violence: Many activities which have mitigating effects on
the positive contributions of urbanisation, have been rapidly
increasing. These include rampant crime and violence which have
been precipitated by high unemployment rates. Property crime,
pornography and prostitution are also on the rise.
• Race relations: Established communities of minority groups, along
with new arrivals belonging to the same group, frequently form
160
distinct colonies. Hence, there is not necessarily the existence of the

classic 'melting pot' situation as there is a degree of segregation
according to one's ethnic background, making the situation
potentially ripe for tension and violence among varying groups.
• Environmental pollution: Increased traffic congestion; industrial
emittances and effluents; other sources of air and water pollution;
squatting on ecologically unstable areas and other environmentally
unsound practices serve to degrade the environment.
• Disintegrated familial ties: The size, density and heterogeneity of
urban areas often lead to the severing of social ties, to anonymity
and other forms of alienation. There is also the breakdown of
traditional family forms as family members, including mothers, enter
the workforce leaving young children without supervision.

Describe the factors contributing to
urbanisation.
Note:
Now, what implications do these factors have for the Commonwealth

Caribbean?
11.3 POLICY IMPLICATIONS
Rapid population growth and rural underdevelopment explain the exodus

from rural to urban areas in the Commonwealth Caribbean. However,
this is only part of the answer, which may serve to disguise the
underlying realities of the situation. In other words, it is important that we
analyse and evaluate the given situation individually, if effective,
policy-specific measures are to be formulated.
Caribbean Governments can no longer afford for unplanned urbanisation

to continue at the rapid pace at which it is currently occurring. Policies
must be implemented to curb this phenomenon, if many of the negative
social consequences associated with it are to be lessened. Policies
161
relating to rural development, urban development and population gain

importance here. These policies can be divided into the following:
(i) Agricultural policy: Traditionally, in the Caribbean, the agricultural sector has been, and
continues to be, playing a pivotal role in the lives of rural inhabitants. They depend either
directly or indirectly on this sector for their livelihood. Improvements in this sector would not
only stop the flow of rural migrants to the urban areas, but also help reduce poverty. This
policy should, among others, look into issues relating to:
• lack of access to credit, which is a major obstacle for growth

for many farmers. For the womenfolk, in particular, this is due
to lack of collateral, as their assets are usually under the legal
ownership of their menfolk. Specialised banks and institutions
are required to provide capital for small- and medium-scale
farming activities. In Trinidad, for example, there is the
Agricultural Development Bank (ADB) which performs this, and
other, similar functions.
• land ownership. Many farmers own and cultivate small plots
which are not economically feasible. If agricultural practices
are to be buttressed, land reformation becomes an imperative.
• training in farming practices and in the use of modern
technology. This will further enhance the potential benefits
accruing to the rural areas. Other extension services and
research and development facilities provided by the
government would also provide direct benefits for the entire
nation.
(ii) Non-agricultural activities: Governments of the Caribbean should address themselves to

the shortage, or inefficient delivery, of public services. Access to goods and services, medical
services, water and electricity supplies, educational institutions, and the like, are crucial issues
to be addressed if any attempt to curb urbanisation is to be successful. Alternative off-farm
employment strategies should also be actively pursued. Vibrant cottage industries or public
works programmes represent other means of employment for rural people. Such programmes
also contribute to the alleviation of some of the existent un- and under-employment. Further,
private investment in rural areas is also another means of attaining the required financial flows
necessary for rural development policies to be successfully implemented.
(iii) Participatory development: The main factor to be taken into

account for any development strategy is the active participation of
the people who are directly affected. Grassroots participation
brings a wealth of traditional knowledge which enhances the
development strategy. People become more committed to
ensuring the success of the project as they are responsible for the
project design, implementation, monitoring and evaluation.
(iv) Urban employment creation: Unemployment, the major cause of urban poverty, can only
be addressed if policies are designed to create additional jobs for the urban populace. Such
policies are very complex as the wider macroeconomic policy framework, such as increasing
overall economic growth, would have to be taken into consideration.
(v) Social services improvement: Over-urbanisation has led to a large

strain being placed on public services. This, in addition to the lack
of government expenditure, has led to a deterioration in the
majority of services provided. Public housing schemes and low
cost housing are solutions to the housing problem. Restrictive
legislation against illegal squatters should also be formulated and
enforced. Reducing the cost of health care, or providing medical
162
assistance to individuals below a stipulated income bracket would

ensure that, regardless of their income earning capacity, an
individual has access to basic health facilities.
(vi) Environmental polices: If the quality of life is to be improved and sustainable

development practices put in place, then strict environmental laws are mandatory. For
example, industries should be made to pay a 'pollution tax' if they pollute the atmosphere.
Basic public education and awareness schemes should be devised, and other such policies
should be recommended to reduce environmental degradation.
(vii) Family planning: Population policies in the Caribbean are influenced by cultural and
religious factors. Family Planning Associations have existed since the 1960s and have been
highly effective through:
• the distribution of free/minimal cost contraceptives;

• education and advertising geared specifically for easy
comprehension by everyone; and
• the provision of basic health care services free of charge, or at
reduced prices.
Governments must continue to assist and encourage the proliferation of

such organisations and voluntary associations through financial and
other means of support.
We can say that unplanned urbanisation in the Caribbean is due to more

than mere rapid population growth and rural under-development. To
explain the trend of rural-urban exodus, we should take into
consideration various social, psychological, cultural, economic and other
relevant contributory factors.
Over-urbanisation and all its attendant negative consequences have now

become an issue of paramount importance to be placed on the
development agenda of the Caribbean Governments. If our standards of
living are to be improved, there should be 'political will'. In other words,
effective policies must be given the full support of the political
directorates. Grassroots participation is also vital in our attempt to
achieve sustainable national growth.
163

List the implications of urbanisation for
government policy in the context of the
Note:
11.3 CRIME
Defining Crime
A crime is any deviant act that breaks the law of the land. It includes any
anti-social conduct that is prohibited by law with sanctions that commit
offenders into custody. At the heart of crime is the concept of protecting
not only the individual but society. Crime developed primarily as a
means of social control and as a means of protection for members in
society. For a sociologist, the subject of crime is interesting for several
reasons, such as:
• Who decides what is criminal?
• Why are some crimes punished in certain ways? E.g. Forty years
ago a man would probably have got a bigger fine for driving
without due care and attention than for beating his wife.
• Are some groups more powerful than others in making decisions
about what is considered criminal?
• Is there a social consensus i.e. a commonly held view that
agrees upon what should be illegal and what should not?
164
• Or, do we accept the views that are presented to us in education

and the media without stopping to question them?
Characteristics of Crime
So, when we think about the definition of crime we will need to think quite
deeply about the social forces that bring about the decision to make
some things illegal and others not. We will also need to think about the
process that decides which crimes are the most serious.
• Crime is any action that breaks the law of the land and is
punishable by formal controls.
• While crime in and of itself is often regarded as a deviant
activity, not all deviant activities are defined as crime. For
example, people who suffer from mental disorders may be
labeled or viewed as "deviant" but mental illness in and of
itself is not criminal.
• Some deviant behaviours have ceased to be criminal and
gradually may cease to be deviant. Crime is relative to time
and place.
• Crime statistics are sometimes manipulated in order to serve
political ends.
• Power structures in society influence the decision as to what
is considered criminal .
The Difference between CRIME AND DEVIANCE
• Criminal acts are those that have been defined as such by

FORMAL agencies of social control.
• Crime is punishable by law, i.e. formal sanctions; deviance is
punishable by informal sanctions such as peer pressure,
ridicule, and media reporting.
• All criminal acts are considered deviant but not all deviant
acts considered criminal.
Domestic Violence
1. Physical Abuse Against You.

The legal definition of domestic violence includes: causing you physical
harm (hitting, kicking, slapping, throwing things, etc.) or threatening
physical harm (with or without a weapon), coercing you to do something
or refrain from doing something by threats or use of force, harassing you
(causing emotional distress by lingering at your home, peering in
windows, following you, etc.), forcing or attempting to force you to
engage in any sexual act, or holding you against your will.
2. Emotional Abuse.
Domestic violence also includes placing a party in fear of imminent
serious bodily harm by threat of force. This includes threats of violence;
or other conduct that would cause a reasonable person to suffer
substantial emotional distress, like "I will hit you", "if you leave, I will hurt
you," or "if you tell anyone, I will kill you," so long as the act actually
causes substantial emotional distress.
3. Child Abuse.
The law provides for protection against violence toward children as well.
Child abuse is any physical injury, sexual abuse or emotional harm
inflicted on a child other than by accidental means by an adult household
member. This includes sexual abuse of children, such as fondling or
165
rape. The abused children need not be the children of the abuser in
order for you to file a child abuse petition. The law does, however,
exempt discipline administered in a reasonable manner.
White Collar Crime
White collar crime continues to be accorded less priority relative to

conventional crime in society. Sutherland defined the term as "crime
committed by a person of respectability and high social status in the
course of his occupation." Although there has been some debate as to
what qualifies as a white-collar crime, the term today generally
encompasses a variety of nonviolent crimes usually committed in
commercial situations for financial gain. Many white-collar crimes are
especially difficult to prosecute because the perpetrators are
sophisticated criminals who have attempted to conceal their activities
through a series of complex transactions.
White-Collar Crime
White-collar crime tends to be made up of complex, sophisticated, and

relatively technical actions.
When legitimate or conventional avenues make the attainment of a goal
difficult or impossible, many of us, whether as individual or as corporate
actors, will resort to illegitimate or deviant avenues.
White-collar crime tends to be intermingled with legitimate behavior
Victimization tends to be diffuse. Harm is not always conceptualized or
identifiable as such because it is usually spread out over a substantial
number of victims.
The monetary sums that are involved tend to be quite large. i.e. Michael
Milken
Why is white-collar crime so much more lucrative than ordinary

burglaries, robberies and larcenies?
White-collar criminals steal by manipulating symbols, which means that

they can steal money they don't even have to pick up and carry away.
White collar crime is not a “one shot deal” it is made up of a number of
interrelated actions that extend over a period of time – months, years,
even decades.
White-collar crime is rarely prosecuted; when prosecuted and if a
conviction is obtained, penalties tend to be extremely light.
With respect to prosecution, evidence indicating that they have taken
place is not as clear-cut as with street crime.
Relative to their incidence, arrests are very rarely made
The Federal U.S. Sentencing Commission found that for white collar
crimes prosecuted by federal courts between 1984- and 1987, sentences
against convicted corporations tended to be extremely light; nearly half
entailed a fine of $5,000 or less, 80% were fined $25,000 or less, and
even probation against executives was imposed less than one-fifth of the
time. Jail or prison time tends to be almost nonexistent.
• White-collar crime does not fit our stereotype of “real” crime; it is

rarely condemned to the same degree that street crime is, and
there is very little public stigma attached to white-collar crime.
166
• The Media tend not to cover white collar crime in as complete or

detailed a fashion as in the case with street crime because they
do not make “good copy” or juicy sensationalistic stories that get
page one coverage and a prominent place on the six o'clock
news
• As a result of its lack or correspondence to a crime stereotype
and its lack of stigma white-collar criminals, even after being
convicted rarely think of themselves as “real criminals”. They
insist that that, even though they engaged in the action of which
they were accused, what they did wasn't a crime.
• White-collar criminals are motivated by two factors:
1. Economic difficulty
2. Greed.
Corporate Crime
While the corporate media shout about welfare fraud, corporate crime
dwarfs welfare fraud in personal harm, financial cost, and varieties of
abuse.
Corporate crime: What is it?

• Environmental damage, causing danger to life and loss of
employment
• Unsafe or unhealthy workplaces
• Tax evasion
• Defective and dangerous merchandise
• Corporate fraud
• Price fixing
• Government bribery
• Embezzlement
o Crime is a function of class conflict between the wealthy
and powerful and those who lack wealth and power.
1. Norms and laws along with the enforcement of these
laws reflect the interest of the rich and powerful. Thus,
the rich and powerful are less likely to commit or be
accused of committing a crime.
2. Even if the behaviour of the rich and powerful is called
into question,(even if accused) they have the means to
resist the criminal label (i.e. avoid punishment)
o Conflict theorists only give one reason why enforcement against
white collar crimes is less than street crimes (elite power) –
complex nature of white collar crimes
̇ Can’t always tell if a crime has occurred
̇ Difficult to prove
̇ Time consuming
Caribbean and white collar and corporate crime

Various forms of cognate, hybrid and marginal white collar crime are
identified in the Caribbean. One has government crime, state
(organized) crime on the one hand and political white collar crime, or
corruption, on the other have been enduring features of Caribbean
history.
When looking at Caribbean criminology one would need to address
governmental crime and its importance in shaping and influencing the
environment within which conventional crime occurs.
167
Some of the Caribbean countries facilitate money laundering, the

attempted concealing of insider trading etc. Other forms of marginal
white collar and corporate crime exist in the Caribbean such as
technocrime, enterprise crime, etc.
White collar and corporate crime poses a serious social problem in the
Caribbean nations, although it is less recognized or mentioned in society.
This goes in accordance with the view of the conflict theory of crime.
Conclusions
Deviance involves the breaking of social norms. Social norms change
over time and in different cultures. Societal norms evolve as a social
process rather than a decision making process by people in authority.
Crime involves breaking the law. Decisions about what is legal and what
is illegal are made consciously by people in authority in the legal
profession and the government.
Deviance is culturally determined; what is normal is one culture may be
deviant in another culture.
Crime is the violation of norms; a society formally enacts into criminal
law.
SUMMARY
In this unit, we:
• described absolute and relative poverty;

• discussed the three perspectives on poverty (i.e., functionalist
perspective, Marxist perspective and culture of poverty perspective);
• explained a few causes of poverty including low economic growth,
distortions in the labour market and low quality social services;
• suggested various mechanisms for poverty alleviation;
• discussed the factors, i.e., demographic and socio-economic,
contributing to urbanisation;
• discussed the implications of urbanisation for government policy in
the Commonwealth Caribbean.
• discussed crime as a social problem.
( READINGS
Cross, M. (1977) (ed.). West Indian Social Problems - A Sociological
Perspective. (Pages 1 - 11.)
MacDonald, Leatrice. Caribbean Population Problems in West Indian

Social Problems - A Sociological Perspective. M. Cross (ed.) 1977.
(Pages 82 - 98.)
World Bank (1991). Urban Policy and Economic Development: An

Agenda for the 1990s. Washington, D.C.
World Bank (1996). Poverty Reduction and Human Resource

Development in the Caribbean. Volume I, pp. 35 - 38; 101 - 106.
168

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Unit 1

• define common law and explain the rationale for equity;

1.1 COMMON LAW

Common law is a body of rules developed over time by judges in the

An employer terminates the employment of an employee in

suffered an injustice by being deprived of her only source of

• no one should make a claim to permanent employment;

However, it is important to note, they also observed that in the absence

Let us now examine another case here:

A police officer arrests someone, who she believes has

others which develop between people every day, in a variety of

• Neighbours quarrelling over where the boundary line is situated and

Common law judges have developed, in accordance with their own

This body of rules, as we mentioned earlier, is what we refer to as the

But it also insists, as a matter of justice and good conscience, that Y

BLEARNING ACTIVITY 1.1

What does the term legislation mean?

The legislation of a country means that body of laws enacted by its

1.2.1 Legislation procedures

Parliaments, however, have other transactions to conduct besides

BLEARNING ACTIVITY 1.2

.2.2 Subordinate/delegated legislation

Act into effect or getting a technical input, etc., which make a

To circumvent these time exhausting procedures, Acts of Parliament

One of the drawbacks of subordinate legislation, however, is that it is not

However, on occasions, Parliaments do demonstrate their control over

• Where the negative resolution procedure is applicable, the particular

Very often, nevertheless, absolute legislative-making power may be

concerning the separation of powers might arise. We will discuss this

Common law and legislation

BLEARNING ACTIVITY 1.3

1.2.3 The constitution

Each Constitution in the Commonwealth Caribbean contains a Bill of

The Constitution is also important because it establishes and regulates

Moreover, the Constitution also does the following:

• establishes the Supreme Court.

1.2.4 Statutory interpretation

day situations readily discernible. However, there may be instances

If a dispute arises as to whether, or how, a legislation or Statute (Act of

Rules of statutory interpretation

(i) the language used in the statute must be ambiguous;

In interpreting the fundamental human rights and freedoms enshrined in

interpreting and applying the law. The expression of Parliament's will in

BLEARNING ACTIVITY 1.4

1.3 INTERNATIONAL TREATIES

Governments of the countries of the Commonwealth Caribbean are

(i) International Covenant on Civil and Political Rights;

Now, let us look at what a treaty is. A treaty is, in essence, an

law domestically, it must be incorporated in the law by an Act of

• In construing Acts of Parliament which are ambiguous and might

Apart from promising to adhere to the general principles and objectives

(i) Common law or judge-made law;

(ii) Legislation (i.e., laws that emanate from Parliament);

(iii) International treaties (i.e., State agreements).

• discuss the hierarchy of courts;

2.1 HIERARCHY OF COURTS

The law in force in any country of the Commonwealth Caribbean is

2.1.1 Privy Council

The Privy Council is located in the United Kingdom and is manned by

The jurisdiction of the Privy Council is limited by the Constitutions to

• the violation of the fundamental rights and freedoms of citizens;

2.1.2 Court of appeal

2.1.3 High court

The High Court is a court of unlimited jurisdiction. That is to say, it has