ABSTRACT

First, we must determine what is meant by the term ‘source of law’. In considering the question of what are the sources of law in the Commonwealth Caribbean, we are really asking, where does the law come from? What is its origin or basis? The answer to this question may appear to be simple to a person familiar with the history of the Commonwealth Caribbean. The short answer would be that law and legal systems in the Commonwealth Caribbean originated from the UK and its common law legal heritage. There is no doubt that the basis of law in the English-speaking Caribbean is the English common law. However, if we were to examine the above question more carefully, it would soon be apparent that the term ‘source of law’ has different legal meanings. Further, the origin of law and legal systems in the Commonwealth Caribbean is not only that which emanated from the UK, but also includes law and legal systems actually created within the region. Further, we should recall that at least in St Lucia and Guyana, the law originated not only from the UK, but also from France and the Netherlands respectively.