Preface

• Author: Simeon C. R. McIntosh
• Pages: 9-11

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Preface

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This work is the second half of a major project in West Indian

constitutional theory. It follows naturally from my earlier work on

constitutional reform, which was published in December 2002 under

the title: Caribbean Constitutional Reform: Rethinking the West Indian Polity.

That work concluded with a philosophical justification for the

Caribbean Court of Justice (CCJ); this work proceeds on the assumption

that the Court would soon be forthcoming and, to that extent, much of

the work in fundamental rights adjudication would be presided over by

the CCJ.

The first chapter – the Introduction – therefore addresses at length,

among other things, a critical theory of adjudication for the CCJ in

the reading of the fundamental rights provisions of West Indian

constitutions. But given the overall title of the work, the Introduction

naturally addresses the concepts of constitutionalism, democracy and

rights as a way of framing the intellectual context for the discussion of

the substantive rights of freedom of speech and the press, freedom of

religion, and freedom from torture and from cruel, inhuman and

degrading punishment or treatment.

Following the Introduction, the next chapter addresses the issue

of freedom of speech and the press. This is all very deliberate because

freedom of speech and the press is taken to be the premier democratic

right in that it facilitates the kind of public discourse so essential to

democratic governance. The critique undertaken is therefore in this

vein and gives intimations as to how the Caribbean Court of Justice

might approach free speech issues, which are bound to arise.

Following this is the chapter on freedom of religion. We may not

have had very many cases in this area; but given the pluralistic nature