The Hon. Ira De Cordova Rowe, QC, OJ (8 February 1928 – 25 January 2004)Alva James-Johnson
"Judge Ira Rowe Of Jamaica, Prominent Caribbean Jurist"
''Sun Sentinel'', 31 January 2004. was one of the jurists of the Commonwealth Caribbean. His decisions on Jamaican, Belizan and Bahamian Constitution Law created a new

Commonwealth A commonwealth is a traditional English term for a political community founded for the common good. Historically, it has been synonymous with " republic". The noun "commonwealth", meaning "public welfare, general good or advantage", dates from th ...

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 The Caribbean Court of Justice (CCJ; nl, Caribisch Hof van Justitie; french: Cour Caribéenne de Justice) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago ...

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 Heritage may refer to: History and society * A heritage asset is a preexisting thing of value today ** Cultural heritage is created by humans ** Natural heritage is not * Heritage language Biology * Heredity, biological inheritance of physical c ...

. Always a

scholar A scholar is a person who pursues academic and intellectual activities, particularly academics who apply their intellectualism into expertise in an area of study. A scholar can also be an academic, who works as a professor, teacher, or research ...

, Judge Rowe thought that judges ought not to usurp the role of the

legislator A legislator (also known as a deputy or lawmaker) is a person who writes and passes laws, especially someone who is a member of a legislature. Legislators are often elected by the people of the state. Legislatures may be supra-national (for e ...

and based most of his more than five hundred published

Opinions An opinion is a judgment, viewpoint, or statement that is not conclusive, rather than facts, which are true statements. Definition A given opinion may deal with subjective matters in which there is no conclusive finding, or it may deal with fa ...

on principles of

English English usually refers to: * English language * English people English may also refer to: Peoples, culture, and language * ''English'', an adjective for something of, from, or related to England ** English national id ...

and Caribbean Law as laid down in

precedents A precedent is a principle or rule established in a previous legal case that is either binding on or persuasive for a court or other tribunal when deciding subsequent cases with similar issues or facts. Common-law legal systems place great valu ...

and

statutes A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made ...

. 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 Norman Washington Manley (4 July 1893 – 2 September 1969) was a Jamaican statesman who served as the first and only Premier of Jamaica. A Rhodes Scholar, Manley became one of Jamaica's leading lawyers in the 1920s. Manley was an advocat ...

Q.C. a professional mentor. Ira Rowe served as President of the Court of Appeal of

Jamaica Jamaica (; ) is an island country situated in the Caribbean Sea. Spanning in area, it is the third-largest island of the Greater Antilles and the Caribbean (after Cuba and Hispaniola). Jamaica lies about south of Cuba, and west of Hispan ...

and President of the Court of Appeal of

Belize Belize (; bzj, Bileez) is a Caribbean and Central American country on the northeastern coast of Central America. It is bordered by Mexico to the north, the Caribbean Sea to the east, and Guatemala to the west and south. It also shares a wa ...

. He also served on the Court of Appeal of the

Grand Cayman Grand Cayman is the largest of the three Cayman Islands and the location of the territory's capital, George Town. In relation to the other two Cayman Islands, it is approximately 75 miles (121 km) southwest of Little Cayman and 90 miles ( ...

, The

Bahamas The Bahamas (), officially the Commonwealth of The Bahamas, is an island country within the Lucayan Archipelago of the West Indies in the North Atlantic. It takes up 97% of the Lucayan Archipelago's land area and is home to 88% of the archi ...

and the

Turks and Caicos Islands The Turks and Caicos Islands (abbreviated TCI; and ) are a British Overseas Territory consisting of the larger Caicos Islands and smaller Turks Islands, two groups of tropical islands in the Lucayan Archipelago of the Atlantic Ocean and ...

. He served as

Solicitor General of Jamaica A solicitor is a legal practitioner who traditionally deals with most of the legal matters in some jurisdictions. A person must have legally-defined qualifications, which vary from one jurisdiction to another, to be described as a solicitor and ...

. Ira Rowe was the judicial giant of Caribbean

jurisprudence Jurisprudence, or legal theory, is the theoretical study of the propriety of law. Scholars of jurisprudence seek to explain the nature of law in its most general form and they also seek to achieve a deeper understanding of legal reasoning ...

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 th
Family Law Committee in Jamaica
led to the repeal of

bastardy Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...

laws in Jamaica. Most other Caribbean Commonwealth jurisdictions followed.

Biography

Ira Rowe was born in humble circumstances in

Saint Elizabeth, Jamaica Saint Elizabeth, one of Jamaica's largest parishes, is located in the southwest of the island, in the county of Cornwall. Its capital, Black River, is located at the mouth of the Black River, the widest on the island. History Saint Elizabe ...

. His father, William Rowe, a

tobacco Tobacco is the common name of several plants in the genus '' Nicotiana'' of the family Solanaceae, and the general term for any product prepared from the cured leaves of these plants. More than 70 species of tobacco are known, but the ch ...

farmer, traveled frequently to

Cuba Cuba ( , ), officially the Republic of Cuba ( es, República de Cuba, links=no ), is an island country comprising the island of Cuba, as well as Isla de la Juventud and several minor archipelagos. Cuba is located where the northern Caribbea ...

to sell tobacco to fund Ira's education at the Munro Boys' 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 World War II or the Second World War, often abbreviated as WWII or WW2, was a world war that lasted from 1939 to 1945. It involved the World War II by country, vast majority of the world's countries—including all of the great power ...

fortunes of the

West India Regiment The West India Regiments (WIR) were infantry units of the British Army recruited from and normally stationed in the British colonies of the Caribbean between 1795 and 1927. In 1888 the two West India Regiments then in existence were reduced t ...

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 (commonly known as Sav-la-Mar, or simply Sav) is the chief town and capital of Westmoreland Parish, Jamaica. A coastal town, it contains an 18th-century fort constructed for colonial defence against pirates in the Caribbean. H ...

, Jamaica, before traveling to

England England is a country that is part of the United Kingdom. It shares land borders with Wales to its west and Scotland to its north. The Irish Sea lies northwest and the Celtic Sea to the southwest. It is separated from continental Europe ...

to read for the

Bar Bar or BAR may refer to: Food and drink * Bar (establishment), selling alcoholic beverages * Candy bar * Chocolate bar Science and technology * Bar (river morphology), a deposit of sediment * Bar (tropical cyclone), a layer of cloud * Bar (un ...

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 (who died in 1998). His son

David P. Rowe David Patrick Rowe (May 8, 1959 – January 12, 2018) was a Jamaican-American lawyer, professor, media commentator, corruption watchdog, Commonwealth Caribbean country risk analyst and pioneer in the area of transnational law. He has spent most of ...

is a trial lawyer in South Florida, and his daughter Patricia, who also lives in

Florida Florida is a state located in the Southeastern region of the United States. Florida is bordered to the west by the Gulf of Mexico, to the northwest by Alabama, to the north by Georgia, to the east by the Bahamas and Atlantic Ocean, a ...

, is a pediatric physician. Jamaica became independent in 1962 and Sir

Alexander Bustamante Sir William Alexander Clarke Bustamante (born William Alexander Clarke; 24 February 1884 – 6 August 1977) was a Jamaican politician and labour leader, who, in 1962, became the first prime minister of Jamaica. Early life and education He was ...

sent the young Rowe to set up the first overseas passport office for Jamaica in the

United Kingdom The United Kingdom of Great Britain and Northern Ireland, commonly known as the United Kingdom (UK) or Britain, is a country in Europe, off the north-western coast of the European mainland, continental mainland. It comprises England, Scotlan ...

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 The Profumo affair was a major scandal in twentieth-century British politics. John Profumo, the Secretary of State for War in Harold Macmillan's Conservative government, had an extramarital affair with 19-year-old model Christine Keeler begin ...

. 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 The United Nations (UN) is an intergovernmental organization whose stated purposes are to maintain international peace and security, develop friendly relations among nations, achieve international cooperation, and be a centre for harmonizi ...

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 Ralph Johnson Bunche (; August 7, 1904 – December 9, 1971) was an American political scientist, diplomat, and leading actor in the mid-20th-century decolonization process and US civil rights movement, who received the 1950 Nobel Peace Prize f ...

Golda Meir Golda Meir, ; ar, جولدا مائير, Jūldā Māʾīr., group=nb (born Golda Mabovitch; 3 May 1898 – 8 December 1978) was an Israeli politician, teacher, and ''kibbutznikit'' who served as the fourth prime minister of Israel from 1969 to ...

and

Alexei Kosygin Alexei Nikolayevich Kosygin ( rus, Алексе́й Никола́евич Косы́гин, p=ɐlʲɪkˈsʲej nʲɪkɐˈla(j)ɪvʲɪtɕ kɐˈsɨɡʲɪn; – 18 December 1980) was a Soviet statesman during the Cold War. He served as the Prem ...

. He assisted in the coordination of Ethiopian Emperor

Haile Selassie Haile Selassie I ( gez, ቀዳማዊ ኀይለ ሥላሴ, Qädamawi Häylä Səllasé, ; born Tafari Makonnen; 23 July 189227 August 1975) was Emperor of Ethiopia from 1930 to 1974. He rose to power as Regent Plenipotentiary of Ethiopia (' ...

's 1966 visit to Jamaica. In 1967 to 1969 he served as Assistant

Attorney General In most common law jurisdictions, the attorney general or attorney-general (sometimes abbreviated AG or Atty.-Gen) is the main legal advisor to the government. The plural is attorneys general. In some jurisdictions, attorneys general also have exec ...

and Solicitor General in Jamaica. At a time when Jamaica was torn with controversy over Black Power and the development of the

Rastafarian Rastafari, sometimes called Rastafarianism, is a religion that developed in Jamaica during the 1930s. It is classified as both a new religious movement and a social movement by scholars of religion. There is no central authority in control ...

community, Rowe opined in favor of respect for human rights. In 1968 he was made a

Queen's Counsel In the United Kingdom and in some Commonwealth countries, a King's Counsel (post-nominal initials KC) during the reign of a king, or Queen's Counsel (post-nominal initials QC) during the reign of a queen, is a lawyer (usually a barrister or ...

, the youngest Queens Counsel in the

at that time. In 1969 he was appointed a Judge of the

Supreme Court 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 ...

. Justice 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 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 j ...

judges sitting in criminal cases without a

jury A jury is a sworn body of people (jurors) convened to hear evidence and render an impartial verdict (a finding of fact on a question) officially submitted to them by a court, or to set a penalty or judgment. Juries developed in England du ...

. His decisions in the Cayman Islands made

money laundering Money laundering is the process of concealing the origin of money, obtained from illicit activities such as drug trafficking, corruption, embezzlement or gambling, by converting it into a legitimate source. It is a crime in many jurisdiction ...

more difficult. While sitting as President of the Court of Appeal of

, 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 th
Green Bay killings
incident reinforced the

Separation of Powers Separation of powers refers to the division of a state's government into branches, each with separate, independent powers and responsibilities, so that the powers of one branch are not in conflict with those of the other branches. The typica ...

and constitutional law in Jamaica. His most significant contribution to Caribbean people was his quiet legal crusade against the concept of

illegitimacy Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...

in Family Law in the

West Indies The West Indies is a subregion of North America, surrounded by the North Atlantic Ocean and the Caribbean Sea that includes 13 independent island countries and 18 dependencies and other territories in three major archipelagos: the Great ...

. The Family Law Committee of Jamaica, of which he was chairman, abolished

Bastardy Legitimacy, in traditional Western common law, is the status of a child born to parents who are legally married to each other, and of a child conceived before the parents obtain a legal divorce. Conversely, ''illegitimacy'', also known as '' ...

in Jamaica.Se
"Status of Children Act 1976".
/ref> Prior to the proposals of his Family Law Committee, individuals who were born out of

wedlock Marriage, also called matrimony or wedlock, is a culturally and often legally recognized union between people called spouses. It establishes rights and obligations between them, as well as between them and their children, and between t ...

in the Caribbean could not inherit in ''

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 pa ...

'' with their legitimate siblings. Rowe was a champion of the

, which he did not live to serve on. He served as Chancellor of the

Anglican Diocese of Jamaica The Anglican Diocese of Jamaica and the Cayman Islands is a diocese of the Church in the Province of the West Indies. It was originally formed as the Diocese of Jamaica, within the Church of England, in 1824. At that time the diocese included the ...

for 20 years. He died aged 75 on 25 January 2004 in the Turks & Caicos Islands.

Queen Elizabeth II Elizabeth II (Elizabeth Alexandra Mary; 21 April 1926 – 8 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until her death in 2022. She was queen regnant of 32 sovereign states during ...

expressed condolences on his death through a statement issued by her Chief Clerk, Gill Middleburgh.

References

Sources

Ira Rowe, Caribbean Lawyer, garaibooks 2006.Trevor Stone v Queen 1980 17 JLR 37. Trevor Stone v Queen 1980 17 JLR 37.
* ttps://web.archive.org/web/20070501111132/http://www.belizelaw.org/judgements/oct_2002/3_of_2002.html George Meerabux v The Attorney General - Court of Appeal, Belize, No. 3 of 2002.br>Caribbean Net News report of Ira Rowe's death.
*[https://web.archive.org/web/20070928004657/http://www.gov.ky/pls/portal/docs/PAGE/CIGHOME/PRESSROOM/ARCHIVE/200401/JROWEDIES.PDF 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.
*[http://www.jis.gov.jm/justice/html/20040207t090000-0500_1684_jis_senate_accepts__report__passes__spouse__bill.asp 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.
*

Sir Alexander Bustamante Sir William Alexander Clarke Bustamante (born William Alexander Clarke; 24 February 1884 – 6 August 1977) was a Jamaican politician and labour leader, who, in 1962, became the first prime minister of Jamaica. Early life and education He was ...

* Black Power *

Rastafarians Rastafari, sometimes called Rastafarianism, is a religion that developed in Jamaica during the 1930s. It is classified as both a new religious movement and a social movement by scholars of religion. There is no central authority in control of ...

* Westminster Model
Status of Children Act, Jamaica. Status of Children Act, Jamaica.Status of Children Act - Ministry of Justice, Jamaica.
* ttps://web.archive.org/web/20070926230157/http://www.jamaicaobserver.com/columns/html/20051105t190000-0500_91855_obs_stains_on_the_jdf_from_green_bay_to_tivoli.asp Green Bay Killings.

External links

Ira Rowe - Man of Substance passes on.
* ttps://web.archive.org/web/20070501111132/http://www.belizelaw.org/judgements/oct_2002/3_of_2002.html George Meerabux v The Attorney General - Court of Appeal, Belize, No. 3 of 2002.br>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. Status of Children Act, Jamaica. Status of Children Act, Jamaica.Status of Children Act - Ministry of Justice, Jamaica.
* ttps://web.archive.org/web/20070926230157/http://www.jamaicaobserver.com/columns/html/20051105t190000-0500_91855_obs_stains_on_the_jdf_from_green_bay_to_tivoli.asp Green Bay Killings.br>South Florida Caribbean News article - Book Launch re Ira D. Rowe.Jamaica Information Service article - Book Launch re Ira D. Rowe.
{{DEFAULTSORT:Rowe, Ira 20th-century Jamaican judges 1928 births 2004 deaths Jamaican diplomats Jamaican judges on the courts of Belize Jamaican judges on the courts of the Bahamas Jamaican judges on the courts of the Cayman Islands Jamaican judges on the courts of the Turks and Caicos Islands Jamaican Queen's Counsel