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21 Oxford U. Commw. L.J. 1 (2021)

handle is hein.journals/oxuclwj21 and id is 1 raw text is: OXFORD UNIVERSITY COMMONWEALTH LAW JOURNAL 2021, VOL. 21, NO. 1, 1-30 https://doi.org/10.1080/14729342.2021.1888207 Rz Routledge Taylor & Francis Group The rule of law and the Caribbean Court of Justice: taking jus cogens for a spin Justice Winston Anderson Caribbean Court of Justice, Port of Spain, TRINIDAD AND TOBAGO ARTICLE HISTORY Received 31 August 2020; Accepted 4 November 2020 KEYWORDS Rule of law; Caribbean Court of Justice; Constitution; jus cogens; incorporation; separation of powers 1. Introduction Jus cogens is a vehicle that does not often leave the garage. Professsor Ian Brownlie. Douglas Mendes SC is owed a significant debt of gratitude for starting a con- versation on the rule of law and the Caribbean Court of Justice (CCJ). In his important paper presented under that rubric,' Mendes delivered his two most consequential sentences as follows: [T]he CCJ appears headed, if it has not already gotten there, to the acceptance of core constitutional principles rooted in a substantive conception of the rule CONTACT Justice Winston Anderson profwinstonanderson@gmail.com Caribbean Court of Justice, 134 Henry Street, Port of Spain, TRINIDAD AND TOBAGO 'Douglas Mendes, 'The Caribbean Court of Justice and the Rule of Law' (Caribbean Association of Judicial Officers Conference, Belize City, 31 October 2019) <www.thecajo.org/cajo/wp-content/uploads/2019/ 12/Rule-of-Law-Material-3.pdf> accessed 30 November 2020. Mendes is also President of the Law Association of Trinidad and Tobago and has served on the Court of Appeal of Belize as a Justice of Appeal. This article has been corrected with minor changes. These changes do not impact the academic content of the article. © 2021 Faculty of Law, Oxford University

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