The board platform on which this jurisprudence rests is the Commonwealth Caribbean’s common historic, political, economic and cultural experiences; our mutual history of slavery, indenture, displacement, resistance and struggle. In exercising their supreme and original right to establish the principles for their future government, the sovereign ‘people’ have chosen to organize their government into its various departments. One of these departments is the Judiciary – the Court itself. The Court therefore derives the authority to address the people created by the Constitution from that very instrument they themselves have uttered into existence in the exercise of their sovereign will. The Court is therefore a representative institution of the sovereign people – a necessary condition of political authority in a democratic polity. A people’s authorship of their own fundamental law is an inscriptive act by which they purport to define themselves in a certain way. Jurisprudence is a catchall term for entire subject of law, the study of law and legal questions. It derives from the Latin term juris prudentia, which means "the study, knowledge, or science of law." It refers to the philosophy of law which is employed in analyzing, explaining, and classifying law. There are various types of philosophies under the concept of jurisprudence. They include formalism, realism, naturalism, critical legal studies, feminist jurisprudence, law and economics, utilitarianism, and legal pragmatism.
For example, critical legal studies (CLS) is a theory that challenges the accepted norms and standards in legal theory and practice. It is based on the belief that laws are a product of the values of society, which is dominated by the wealthy, who use the law as an instrument for oppression in order to maintain their place in hierarchy.
CCJ and the legal profession…Adrian Saunders, 2007
See Jed Rubenfeld, supra note 2.
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