The Post-Colonial Constitutional Order of the Commonwealth Caribbean: The Endurance of the Crown and the Judicial Committee of the Privy Council

ABSTRACT

Amongst Britain's former colonies the independent countries of the Commonwealth Caribbean represent something of an anomaly in so far as the majority of them remain constitutional monarchies and continue to retain the Judicial Committee of the Privy Council (JCPC) as their final appellate court, even though the region has had its own final appellate court – the Caribbean Court of Justice – since 2006. This is in marked contrast to Britain's former colonies in Africa and South Asia, the majority of which switched to republicanism soon after independence and at the same time abolished rights of appeal to the JCPC. This paper seeks to uncover the reasons for this anomaly by examining how the path that led to independence was shaped by a particular conception of Dominion status and by the willingness of nationalist leaders to embrace a dual identity: equal parts West Indian nationalist and Empire loyalist. It will also examine the phenomenon of the ‘postcolony’; being the persistence of the colonial order following the acquisition of constitutional independence. The paper has three aims. Firstly, to contribute to a better understanding of the impact of Dominion status and all that it symbolised in a region which is often overlooked in the scholarly literature on this topic. Secondly, better to understand the competing political forces that led three countries in the region to adopt republicanism, but inhibited its adoption elsewhere in the region. Thirdly, and finally, to enhance discussion of the complex nexus between republicanism and the abolition of rights of appeal to the JCPC where political and juridical considerations do not neatly align.     

Lepidopteris callipteroides,an earliest Triassic seed fern of the Sydney Basin,southeastern Australia

Earliest Triassic shales in the Coal Cliff Sandstone, Caley Formation, Widden Brook Conglomerate and Dooralong Shale (all basal Narrabeen Group) of the Sydney Basin contain a low diversity fossil flora that survived the greatest mass extinction of all time at the Permian-Triassic boundary. Only one species of seed fern is known from this flora and its affinities were unclear until discovery of its reproductive organs and complete large leaves. An ovuliferous reproductive organ, Peltaspermum townrovii sp. nov., can be attributed to the same plant as the leaves because of their identical stomatal apparatus, which is cyclocytic with papillae overhanging the stomatal pit. Polleniferous organs, Permotheca helbyi sp. nov., may have belonged to the same plant, but are only linked by evidence of association on the same bedding plane yielding no other gymnosperms. Pollen masses found within the polleniferous organ include grains identified as Falcisporites australis (de Jersey) Stevens (1981) when found dispersed. The leaves of this plant have long been enigmatic and attributed to ‘Thinnfeldia’ callipteroides or ‘Dicroidium’ callipteroides; however, these genera had very different cuticular structure. Reassessment of the frond architecture of this plant, based on a large, nearcomplete specimen together with information from cuticles and ovuliferous organs, allows reassignment to Lepidopteris callipteroides (Carpentier) comb. nov. The remarkable cuticle thickness, small stomatal size and low stomatal index of these leaves reflect a time of unusually high atmospheric concentrations of carbon dioxide. This plant was an invader of the Sydney Basin from northern Gondwana, spreading southward during the post-apocalyptic earliest Triassic greenhouse.     

LEADERS,FOLLOWERS, AND ASYMMETRIC LOCAL TAX POLICY DIFFUSION

Complementing recent theoretical models of tax competition with endogenous leadership, we empirically model local policy diffusion as a dynamic asymmetric process. Using a setting where local option sales taxes rapidly transitioned from nonexistence to ubiquity, we construct a policy leadership index to classify jurisdictions as leaders or followers. Using models that control for vertical tax competition effects, we show how asymmetric leader–follower dynamics characterize horizontal tax competition over the three decades that follow. A placebo test further supports our main conclusions. This methodological approach could be adapted to other settings where policies exhibit both extensive and intensive margins.     

Chronostratigraphy of an Eroding Complex Atlantic Round House,Baile Sear,Scotland

A high-resolution chronostratigraphy has been established for an eroding Atlantic round house at Sloc Sàbhaidh (North Uist, Scotland), combining detailed OSL profiling and dating of sediments encompassing the main bracketing events associated with the monument, radiocarbon AMS dates on bone recovered from excavated features and fills within it, and TL dates on pottery and burnt clay. Concordant OSL and radiocarbon evidence place construction of the wheelhouse in the first to second centuries AD, contemporary with dates from the primary occupation. Beneath the wheelhouse, clay deposits containing burnt material, attest to cultural activity in vicinity to the monument in the preceding second to first centuries BC. At a later date, the southern wall collapsed, was rebuilt, and the interior spaces to the monument re-structured. The chronology for the later horizons identified from the sediment luminescence dates extends to the second half of the first millennium AD, which goes beyond the range of the radiocarbon dates obtained. The data from ceramics encompass both periods. The juxtaposition of the dating evidence is discussed relative to short and longer chronologies for this Iron Age monument. Corollaries of this research are the implications that based on the long chronology, some of the ecofacts (bone) appear to be residual, and that the temporal duration of Hebridean Coarse Ware may extend into the second half of the first millennium AD.     

Radiocarbon Chronometry of Site QJ-280, Quebrada Jaguay,a Terminal Pleistocene to Early Holocene Fishing Site in Southern Peru

Excavations in 1970, 1996, and 1999 at Site QJ-280, Quebrada Jaguay, in southern Peru, yielded enough dateable terrestrial plant material to establish an extensive radiocarbon chronology for the site. QJ-280 is one of oldest well-dated fishing sites in the Americas: it was occupied from the terminal Pleistocene to the mid-Holocene (about 13,000–8,300 calibrated years BP) based on 42 terrestrial radiocarbon dates, encompassing the Jaguay and Machas Phases of the local archaeological sequence. In addition to the terrestrial dates, radiocarbon measurements on valves of two marine surf clam (Mesodesma donacium) individuals from a single, well-dated mid-Holocene Manos Phase archaeological context have provided insight into marine upwelling conditions during the occupation of Quebrada Jaguay. The marine reservoir age varied between 130 and 730 ¹⁴C years during the brief lives of the two clams (up to 5 years each), and varied by up to 530 ¹⁴C years within an individual valve, suggesting strong and variable deep marine upwelling; conditions broadly similar to those that exist in coastal Peru today. These rapid variations in marine radiocarbon age suggest that marine radiocarbon dates from environments with variable upwelling could be skewed by up to hundreds of years.