Ira DeCordova Rowe
Encyclopedia
The Hon. Ira De Cordova Rowe, Q.C., O.J. (February 8, 1928 – January 25, 2004) was one of the jurists of the Commonwealth Caribbean. His decisions on Jamaican, Belizan and Bahamian Constitution Law created a new Commonwealth
jurisprudence based on the Westminster Model with a strong reliance on the wording of the new Commonwealth Caribbean Constitutions. Judge Rowe's fearless support for the Caribbean Court of Justice
swayed many of the Court's initial critics. His belief that Caribbean
students were as good as any law students in the world inspired many young lawyers of Caribbean heritage
. Always a scholar, Judge Rowe thought that judges ought not to usurp the role of the legislator
and based most of his more than five hundred published Opinions on principles of English
and Caribbean
Law as laid down in precedents and statutes. He believed that the newly independent Caribbean nations needed efficient, practical legal systems based on certainty and stability. He considered The Most Hon. Norman Washington Manley Q.C. a professional mentor.
Ira Rowe served as President of the Court of Appeal
of Jamaica
and President of the Court of Appeal of Belize
. He also served on the Court of Appeal of the Grand Cayman
, The Bahamas and the Turks and Caicos Islands
. He served as Solicitor General of Jamaica.
Ira Rowe was the judicial giant of Caribbean
jurisprudence
in the last three decades of the Twentieth century. He was the author of many significant decisions including the Queen v Oliver Whylie, which codified the law of identification in the Caribbean; and Belize Alliance vs the Department of the Environment and Belize Electric Company Ltd., the most significant environmental decision in the Commonwealth Caribbean. His role in chairing the Family Law Committee in Jamaica led to the repeal of bastardy laws in Jamaica. Most other Caribbean Commonwealth jurisdictions followed.
farmer, traveled frequently to Cuba
to sell tobacco to fund Ira’s education at the Munro Boy’s School in the Santa Cruz
mountains of Jamaica. His mother Caroline Rowe was a teacher. Ira’s first job was as a reader to the village of Dalton of the World War II
fortunes of the West India Regiment
s serving in Europe.
He served as an elementary school teacher and then as a Clerk of the Courts in Savanna-la-Mar
, Jamaica, before traveling to England
to read for the Bar
at Lincoln’s Inn in 1957. He sought to retain the very highest traditions of barristerial endeavor thereafter, strictly applying the rules of the British bar to the rest of his professional life. In 1958 he married Audrey Rowe a Registered Nurse. His son David P. Rowe
is a trial lawyer in South Florida, and his daughter Patricia, who also lives in Florida
, is a pediatric physician.
Jamaica became independent in 1962 and Sir Alexander Bustamante
sent the young Rowe to set up the first overseas passport office for Jamaica in the United Kingdom
in 1964. While serving as legal attaché in the United Kingdom he rendered valuable legal advice to Lucky Gordon, a Jamaican involved with the Profumo scandal. Ira Rowe was promoted, recalled to Jamaica in 1966 to serve as the country’s delegate to the 21st Session of the General Assembly of the United Nations
at the height of the Cold War
. During that period he addressed the Assembly about racial dignity and non-alignment
, and explained Jamaica’s emerging foreign policy to Dr. Ralph Bunche
, Golda Meir
and Alexei Kosygin.
He assisted in the co-ordination of Ethiopian Emperor Haile Selassie's 1966 visit to Jamaica.
In 1967 to 1969 he served as Assistant Attorney General
and Solicitor General in Jamaica. At a time when Jamaica was torn with controversy over Black Power
and the development of the Rastafarian community, Rowe opined in favor of respect for human rights. In 1968 he was made a Queens Counsel, the youngest Queens Counsel in the Commonwealth
at that time. In 1969 he was appointed a Judge of the Supreme Court of Jamaica
.
Judge Rowe’s decisions over a thirty-year period fundamentally anchored Jamaican and Commonwealth Jurisprudence in the Westminster model. His decision on R v Trevor Stone gave legitimacy to Gun Court
judges sitting in criminal cases without a jury
. His decisions in the Cayman Islands
made money laundering
more difficult. While sitting as President of the Court of Appeal of Belize
, his decisions reinforced the rule of law
and gave a strong advantage to defenders of the environment in that country. His fearless arraignment of a number of military officers for murder in the Green Bay killings incident reinforced the Separation of Powers
and constitutional law in Jamaica.
His most significant contribution to Caribbean people was his quiet legal crusade against the concept of illegitimacy in Family Law in the West Indies. The Family Law Committee of Jamaica, of which he was Chairman, abolished Bastardy in Jamaica (see Status of Children Act 1976). Prior to the proposals of his Family Law Committee, individuals who were born out of wedlock
in the Caribbean could not inherit in pari passu
with their legitimate siblings.
Rowe was a champion of the Caribbean Court of Justice
, which he did not live to serve on. He served as Chancellor of the Anglican Diocese of Jamaica
for 20 years.
Queen Elizabeth II
expressed condolences on his death through a statement issued by her Chief Clerk, Gill Middleburgh.
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
jurisprudence based on the Westminster Model with a strong reliance on the wording of the new Commonwealth Caribbean Constitutions. Judge Rowe's fearless support for the Caribbean Court of Justice
Caribbean Court of Justice
The Caribbean Court of Justice is the judicial institution of the Caribbean Community . Established in 2001, it is based in Port of Spain, Trinidad and Tobago....
swayed many of the Court's initial critics. His belief that Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
students were as good as any law students in the world inspired many young lawyers of Caribbean heritage
Tradition
A tradition is a ritual, belief or object passed down within a society, still maintained in the present, with origins in the past. Common examples include holidays or impractical but socially meaningful clothes , but the idea has also been applied to social norms such as greetings...
. Always a scholar, Judge Rowe thought that judges ought not to usurp the role of the legislator
Legislator
A legislator is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are usually politicians and are often elected by the people...
and based most of his more than five hundred published Opinions on principles of English
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
and Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
Law as laid down in precedents and statutes. He believed that the newly independent Caribbean nations needed efficient, practical legal systems based on certainty and stability. He considered The Most Hon. Norman Washington Manley Q.C. a professional mentor.
Judiciary of Jamaica
The judiciary of Jamaica is based on the judiciary of the United Kingdom.The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited...
of Jamaica
Jamaica
Jamaica is an island nation of the Greater Antilles, in length, up to in width and 10,990 square kilometres in area. It is situated in the Caribbean Sea, about south of Cuba, and west of Hispaniola, the island harbouring the nation-states Haiti and the Dominican Republic...
and President of the Court of Appeal of Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
. He also served on the Court of Appeal of the Grand Cayman
Grand Cayman
Grand Cayman is the largest of the three Cayman Islands and the location of the nation's capital, George Town. In relation to the other two Cayman Islands, it is approximately 75 miles southwest of Little Cayman and 90 miles southwest of Cayman Brac.-Geography:Grand Cayman encompasses 76% of...
, The Bahamas and the Turks and Caicos Islands
Turks and Caicos Islands
The Turks and Caicos Islands are a British Overseas Territory and overseas territory of the European Union consisting of two groups of tropical islands in the Caribbean, the larger Caicos Islands and the smaller Turks Islands, known for tourism and as an offshore financial centre.The Turks and...
. He served as Solicitor General of Jamaica.
Ira Rowe was the judicial giant of Caribbean
Caribbean
The Caribbean is a crescent-shaped group of islands more than 2,000 miles long separating the Gulf of Mexico and the Caribbean Sea, to the west and south, from the Atlantic Ocean, to the east and north...
jurisprudence
Jurisprudence
Jurisprudence is the theory and philosophy of law. Scholars of jurisprudence, or legal theorists , hope to obtain a deeper understanding of the nature of law, of legal reasoning, legal systems and of legal institutions...
in the last three decades of the Twentieth century. He was the author of many significant decisions including the Queen v Oliver Whylie, which codified the law of identification in the Caribbean; and Belize Alliance vs the Department of the Environment and Belize Electric Company Ltd., the most significant environmental decision in the Commonwealth Caribbean. His role in chairing the Family Law Committee in Jamaica led to the repeal of bastardy laws in Jamaica. Most other Caribbean Commonwealth jurisdictions followed.
Biography
Ira Rowe was born in humble circumstances in Saint Elizabeth, Jamaica. His father, William Rowe, a tobaccoTobacco
Tobacco is an agricultural product processed from the leaves of plants in the genus Nicotiana. It can be consumed, used as a pesticide and, in the form of nicotine tartrate, used in some medicines...
farmer, traveled frequently to Cuba
Cuba
The Republic of Cuba is an island nation in the Caribbean. The nation of Cuba consists of the main island of Cuba, the Isla de la Juventud, and several archipelagos. Havana is the largest city in Cuba and the country's capital. Santiago de Cuba is the second largest city...
to sell tobacco to fund Ira’s education at the Munro Boy’s School in the Santa Cruz
Santa Cruz, Jamaica
Santa Cruz is a town in Saint Elizabeth, Jamaica, on the A2 road connecting Black River to Mandeville. A minor market village until the 1950s, the development of nearby areas for bauxite mining stimulated its growth in the 1950s and 1960s, as did the establishment of the St. Elizabeth Technical...
mountains of Jamaica. His mother Caroline Rowe was a teacher. Ira’s first job was as a reader to the village of Dalton of the World War II
World War II
World War II, or the Second World War , was a global conflict lasting from 1939 to 1945, involving most of the world's nations—including all of the great powers—eventually forming two opposing military alliances: the Allies and the Axis...
fortunes of the West India Regiment
West India Regiment
The West India Regiment was an infantry unit of the British Army recruited from and normally stationed in the British colonies of the Caribbean between 1795 and 1927. The regiment differed from similar forces raised in other parts of the British Empire in that it formed an integral part of the...
s serving in Europe.
He served as an elementary school teacher and then as a Clerk of the Courts in Savanna-la-Mar
Savanna-la-Mar
Savanna-la-Mar is the chief town and capital of Westmoreland parish, Jamaica.It is a coastal town and contains a fort, constructed in the 18th century for defence against pirates....
, Jamaica, before traveling to England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
to read for the Bar
Bar association
A bar association is a professional body of lawyers. Some bar associations are responsible for the regulation of the legal profession in their jurisdiction; others are professional organizations dedicated to serving their members; in many cases, they are both...
at Lincoln’s Inn in 1957. He sought to retain the very highest traditions of barristerial endeavor thereafter, strictly applying the rules of the British bar to the rest of his professional life. In 1958 he married Audrey Rowe a Registered Nurse. His son David P. Rowe
David P. Rowe
David P. Rowe , is a Jamaican-American lawyer, professor, media commentator and pioneer in the area of transnational law. He has spent most of his career as a litigator in Florida, along with serving as a professor at the University of Miami School of Law since 1989...
is a trial lawyer in South Florida, and his daughter Patricia, who also lives in Florida
Florida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, is a pediatric physician.
Jamaica became independent in 1962 and Sir Alexander Bustamante
Alexander Bustamante
Sir William Alexander Clarke Bustamante GBE, National Hero of Jamaica was a Jamaican politician and labour leader....
sent the young Rowe to set up the first overseas passport office for Jamaica in the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
in 1964. While serving as legal attaché in the United Kingdom he rendered valuable legal advice to Lucky Gordon, a Jamaican involved with the Profumo scandal. Ira Rowe was promoted, recalled to Jamaica in 1966 to serve as the country’s delegate to the 21st Session of the General Assembly of the United Nations
United Nations
The United Nations is an international organization whose stated aims are facilitating cooperation in international law, international security, economic development, social progress, human rights, and achievement of world peace...
at the height of the Cold War
Cold War
The Cold War was the continuing state from roughly 1946 to 1991 of political conflict, military tension, proxy wars, and economic competition between the Communist World—primarily the Soviet Union and its satellite states and allies—and the powers of the Western world, primarily the United States...
. During that period he addressed the Assembly about racial dignity and non-alignment
Non-Aligned Movement
The Non-Aligned Movement is a group of states considering themselves not aligned formally with or against any major power bloc. As of 2011, the movement had 120 members and 17 observer countries...
, and explained Jamaica’s emerging foreign policy to Dr. Ralph Bunche
Ralph Bunche
Ralph Johnson Bunche or 1904December 9, 1971) was an American political scientist and diplomat who received the 1950 Nobel Peace Prize for his late 1940s mediation in Palestine. He was the first person of color to be so honored in the history of the Prize...
, Golda Meir
Golda Meir
Golda Meir ; May 3, 1898 – December 8, 1978) was a teacher, kibbutznik and politician who became the fourth Prime Minister of the State of Israel....
and Alexei Kosygin.
He assisted in the co-ordination of Ethiopian Emperor Haile Selassie's 1966 visit to Jamaica.
In 1967 to 1969 he served as Assistant Attorney General
Attorney General
In most common law jurisdictions, the attorney general, or attorney-general, is the main legal advisor to the government, and in some jurisdictions he or she may also have executive responsibility for law enforcement or responsibility for public prosecutions.The term is used to refer to any person...
and Solicitor General in Jamaica. At a time when Jamaica was torn with controversy over Black Power
Black Power
Black Power is a political slogan and a name for various associated ideologies. It is used in the movement among people of Black African descent throughout the world, though primarily by African Americans in the United States...
and the development of the Rastafarian community, Rowe opined in favor of respect for human rights. In 1968 he was made a Queens Counsel, the youngest Queens Counsel in the Commonwealth
Commonwealth of Nations
The Commonwealth of Nations, normally referred to as the Commonwealth and formerly known as the British Commonwealth, is an intergovernmental organisation of fifty-four independent member states...
at that time. In 1969 he was appointed a Judge of the Supreme Court of Jamaica
Judiciary of Jamaica
The judiciary of Jamaica is based on the judiciary of the United Kingdom.The courts are organized at four levels, with additional provision for appeal to the Judicial Committee of the Privy Council in London. The Court of Appeal is the highest appellate court. The Supreme Court has unlimited...
.
Judge Rowe’s decisions over a thirty-year period fundamentally anchored Jamaican and Commonwealth Jurisprudence in the Westminster model. His decision on R v Trevor Stone gave legitimacy to Gun Court
Gun Court
The Gun Court is the branch of the Jamaican judicial system that tries criminal cases involving firearms. The Court was established by Parliament in 1974 to combat rising gun violence, and empowered to try suspects in camera, without a jury. The Supreme Court, Circuit Courts, and Resident...
judges sitting in criminal cases without a jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
. His decisions in the Cayman Islands
Cayman Islands
The Cayman Islands is a British Overseas Territory and overseas territory of the European Union located in the western Caribbean Sea. The territory comprises the three islands of Grand Cayman, Cayman Brac, and Little Cayman, located south of Cuba and northwest of Jamaica...
made money laundering
Money laundering
Money laundering is the process of disguising illegal sources of money so that it looks like it came from legal sources. The methods by which money may be laundered are varied and can range in sophistication. Many regulatory and governmental authorities quote estimates each year for the amount...
more difficult. While sitting as President of the Court of Appeal of Belize
Belize
Belize is a constitutional monarchy and the northernmost country in Central America. Belize has a diverse society, comprising many cultures and languages. Even though Kriol and Spanish are spoken among the population, Belize is the only country in Central America where English is the official...
, his decisions reinforced the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
and gave a strong advantage to defenders of the environment in that country. His fearless arraignment of a number of military officers for murder in the Green Bay killings incident reinforced the Separation of Powers
Separation of powers
The separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
and constitutional law in Jamaica.
His most significant contribution to Caribbean people was his quiet legal crusade against the concept of illegitimacy in Family Law in the West Indies. The Family Law Committee of Jamaica, of which he was Chairman, abolished Bastardy in Jamaica (see Status of Children Act 1976). Prior to the proposals of his Family Law Committee, individuals who were born out of wedlock
Marriage
Marriage is a social union or legal contract between people that creates kinship. It is an institution in which interpersonal relationships, usually intimate and sexual, are acknowledged in a variety of ways, depending on the culture or subculture in which it is found...
in the Caribbean could not inherit in pari passu
Pari passu
Pari passu is a Latin phrase that literally means "with an equal step" or "on equal footing." It is sometimes translated as "ranking equally", "hand-in-hand," "with equal force," or "moving together," and by extension, "fairly," "without partiality."...
with their legitimate siblings.
Rowe was a champion of the Caribbean Court of Justice
Caribbean Court of Justice
The Caribbean Court of Justice is the judicial institution of the Caribbean Community . Established in 2001, it is based in Port of Spain, Trinidad and Tobago....
, which he did not live to serve on. He served as Chancellor of the Anglican Diocese of Jamaica
Anglican Diocese of Jamaica
The Anglican Diocese in Jamaica and the Cayman Islands was formed in 1824 and has had the following Bishops #Christopher Lipscomb 1824-1843#Aubrey George Spencer 1843-1872#Reginald Courtenay 1872-79#William George Tozer 1879-1880#Enos Nuttall 1880-1916...
for 20 years.
Queen Elizabeth II
Elizabeth II of the United Kingdom
Elizabeth II is the constitutional monarch of 16 sovereign states known as the Commonwealth realms: the United Kingdom, Canada, Australia, New Zealand, Jamaica, Barbados, the Bahamas, Grenada, Papua New Guinea, the Solomon Islands, Tuvalu, Saint Lucia, Saint Vincent and the Grenadines, Belize,...
expressed condolences on his death through a statement issued by her Chief Clerk, Gill Middleburgh.
Sources
- Ira Rowe, Caribbean Lawyer, garaibooks 2006.
- Trevor Stone v Queen 1980 17 JLR 37. Trevor Stone v Queen 1980 17 JLR 37.
- Jamaica Constitution Order in Council.
- Report of the Family Law Committee of Jamaica 1975.
- Leslie Frank Shaw v Belize Cemcol Ltd - Civil Appeal No. 30 of 2000.
- George Meerabux v The Attorney General - Court of Appeal, Belize, No. 3 of 2002.
- Caribbean Net News report of Ira Rowe's death.
- Birgit Irgit Wallraf and Michael Wallraf v John C. Roberson, Ruth E. Roberson, Gerald J. McDermott and Linda J. McDermott - Court of Appeal, Civil Appeal No. 8 of 2000.
- Press Release from the Cayman Islands Government Information Services regarding Ira Rowe's death.
- "The Jamaica Gleaner" report by Wyvolyn Gager regarding Ira Rowe's death.
- "The Jamaica Gleaner" report on Jamaica bids farewell to Appeal Judge.
- The Jamaican Senate approves the Family Property (Rights of Spouses) Act and approved the Bill.
- Notification for the launching of the book "Ira Rowe - Caribbean Lawyer."
- Attorney General of Jamaica v National Transport Co-operative Society Limited - Claim No. 2003/HCV0169.
- Norman Washington Manley
- Sir Alexander Bustamante
- Black PowerBlack PowerBlack Power is a political slogan and a name for various associated ideologies. It is used in the movement among people of Black African descent throughout the world, though primarily by African Americans in the United States...
- Rastafarians
- Separation of PowersSeparation of powersThe separation of powers, often imprecisely used interchangeably with the trias politica principle, is a model for the governance of a state. The model was first developed in ancient Greece and came into widespread use by the Roman Republic as part of the unmodified Constitution of the Roman Republic...
- Westminster Model
- Status of Children Act, Jamaica.
- Status of Children Act, Jamaica.
- Status of Children Act - Ministry of Justice, Jamaica.
- Jamaica reports to treaty bodies concerning the Status of Children Act.
- Green Bay Killings.
External links
- Ira Rowe - Man of Substance passes on.
- Pictures of Ira Rowe.
- Jamaica Constitution Order in Council.
- Report of the Family Law Committee of Jamaica 1975.
- Leslie Frank Shaw v Belize Cemcol Ltd - Civil Appeal No. 30 of 2000.
- George Meerabux v The Attorney General - Court of Appeal, Belize, No. 3 of 2002.
- Birgit Irgit Wallraf and Michael Wallraf v John C. Roberson, Ruth E. Roberson, Gerald J. McDermott and Linda J. McDermott - Court of Appeal, Civil Appeal No. 8 of 2000.
- The Jamaican Senate approves the Family Property (Rights of Spouses) Act and approved the Bill.
- Notification for the launching of the book "Ira Rowe - Caribbean Lawyer."
- Attorney General of Jamaica v National Transport Co-operative Society Limited Claim No. 2003/HCV0169.
- The Cold War Files.
- The Profumo Scandal.
- Status of Children Act, Jamaica.
- Status of Children Act, Jamaica.
- Status of Children Act - Ministry of Justice, Jamaica.
- Jamaica reports to treaty bodies concerning the Status of Children Act.
- Green Bay Killings.
- South Florida Caribbean News article - Book Launch re Ira D. Rowe.
- Jamaica Information Service article - Book Launch re Ira D. Rowe.