About the Law
Discuss the connection between natural law theory and fundamental human rights as articulated in Commonwealth Caribbean constitutions. (Dec. 2009 #2)
Generally, natural law theorists have purported that law comes from a body of rules or precepts that are distinct from human created legal systems. These rules are heavily influenced by morality and it centrally claims that there are moral principles1 of universal applicability, and principles of political morality in which human communities ought to be constituted and governed. The question has been asked if Natural law has influenced the development of fundamental human rights which has been articulated in Commonwealth Caribbean countries, the short answer to this would be yes but after going through different aspects of the Jamaican constitution this view may or may not change. Before looking at the major proponents of natural law, a brief synopsis of the development of human rights will be given and how this has influenced Commonwealth Caribbean constitutions in particular the Jamaican constitution.
Fundamental rights are generally-regarded as a set of entitlements in the context of a legal system, this system is said to be based upon basic or inalienable entitlements or "rights. These rights have been clearly expressed in the Jamaican constitution which has been influenced by the proclamation of the Universal Declaration of Human Rights on December 10, 1948 at the General Assembly of the United Nations. This has been adopted in the European Convention on Human rights which was adopted by the Nigeria Constitution which influenced the development of human rights in the Jamaican constitution in 1962. The rights can be found in Chapter 3 Sections 13-26 in the Jamaican constitution. Based on this development it can be safely said that basic human rights are a common thread throughout the world including the Caribbean. The importance of human rights could even be traced as far back as to the period of
Generally, natural law theorists have purported that law comes from a body of rules or precepts that are distinct from human created legal systems. These rules are heavily influenced by morality and it centrally claims that there are moral principles1 of universal applicability, and principles of political morality in which human communities ought to be constituted and governed. The question has been asked if Natural law has influenced the development of fundamental human rights which has been articulated in Commonwealth Caribbean countries, the short answer to this would be yes but after going through different aspects of the Jamaican constitution this view may or may not change. Before looking at the major proponents of natural law, a brief synopsis of the development of human rights will be given and how this has influenced Commonwealth Caribbean constitutions in particular the Jamaican constitution.
Fundamental rights are generally-regarded as a set of entitlements in the context of a legal system, this system is said to be based upon basic or inalienable entitlements or "rights. These rights have been clearly expressed in the Jamaican constitution which has been influenced by the proclamation of the Universal Declaration of Human Rights on December 10, 1948 at the General Assembly of the United Nations. This has been adopted in the European Convention on Human rights which was adopted by the Nigeria Constitution which influenced the development of human rights in the Jamaican constitution in 1962. The rights can be found in Chapter 3 Sections 13-26 in the Jamaican constitution. Based on this development it can be safely said that basic human rights are a common thread throughout the world including the Caribbean. The importance of human rights could even be traced as far back as to the period of