Constitutional Principles

Abstract

This chapter situates constitutional principles within the construction of Caribbean constitutional identity and interrogates their role in shaping the relationship between Caribbean constitutionalism and constitutional law in related jurisdictions. The second section of the chapter outlines initial efforts at developing a Caribbean constitutional identity through constitutional drafting as well as judicial discovery and use of constitutional principles in early constitutional interpretation in the region. The third section analyses the friction between recourse to unwritten norms and a new constitutional direction built on codified constitutions, by examining the extent to which constitutional principles function as vessels for incorporation of foreign law. The fourth section charts a path forward, advocating a ‘creolized’ Caribbean constitutionalism that blends the varying local and global influences on Caribbean law and society.