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 The Commonwealth Caribbean refers to a group of English-speaking world, English-speaking sovereign states in the Caribbean, including both island states and mainland countries in the Americas, that are members of the Commonwealth of Nations and ...

. 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. The noun "commonwealth", meaning "public welfare, general good or advantage", dates from the 15th century. Originally a phrase (the common-wealth ...

jurisprudence Jurisprudence, also known as theory of law or philosophy of law, is the examination in a general perspective of what law is and what it ought to be. It investigates issues such as the definition of law; legal validity; legal norms and values ...

based on the

Westminster Model The Westminster system, or Westminster model, is a type of parliamentary system, parliamentary government that incorporates a series of Parliamentary procedure, procedures for operating a legislature, first developed in England. Key aspects of ...

with a strong reliance on the wording of the new Commonwealth Caribbean constitutions. Rowe's support for the

Caribbean Court of Justice The Caribbean Court of Justice (CCJ or CCtJ; ; ) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain, Trinidad and Tobago. The Caribbean Court of Justice has two jurisdictions: an ...

swayed many of the Court's initial critics. His belief in Caribbean law students inspired many young lawyers of Caribbean heritage. Judge Rowe thought that judges ought not to usurp the role of the

legislator A legislator, 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, but they can be appointed, or hereditary. Legislatures may be supra-nat ...

and based most of his published opinions on principles of English and Caribbean Law as laid down in

precedents Precedent is a judicial decision that serves as an authority for courts when deciding subsequent identical or similar cases. Fundamental to common law legal systems, precedent operates under the principle of ''stare decisis'' ("to stand by thin ...

and

statutes A statute is a law or formal written enactment of a legislature. Statutes typically declare, command or prohibit something. Statutes are distinguished from court law and unwritten law (also known as common law) in that they are the expressed wil ...

. He believed that the newly independent Caribbean nations needed efficient, practical legal systems based on certainty and stability. He served as president of the Courts of Appeal in

Jamaica Jamaica is an island country in the Caribbean Sea and the West Indies. At , it is the third-largest island—after Cuba and Hispaniola—of the Greater Antilles and the Caribbean. Jamaica lies about south of Cuba, west of Hispaniola (the is ...

, in

Belize Belize is a country on the north-eastern 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 maritime boundary with Honduras to the southeast. P ...

, in

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

, in the

Bahamas The Bahamas, officially the Commonwealth of The Bahamas, is an archipelagic and island country within the Lucayan Archipelago of the Atlantic Ocean. It contains 97 per cent of the archipelago's land area and 88 per cent of its population. ...

and in 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 no ...

. He served as Solicitor General of Jamaica. Ira Rowe was extremely prominent in

Caribbean The Caribbean ( , ; ; ; ) is a region in the middle of the Americas centered around the Caribbean Sea in the Atlantic Ocean, North Atlantic Ocean, mostly overlapping with the West Indies. Bordered by North America to the north, Central America ...

during 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

He was born in humble circumstances in Saint Elizabeth, Jamaica. 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 ...

farmer, traveled frequently to

Cuba Cuba, officially the Republic of Cuba, is an island country, comprising the island of Cuba (largest island), Isla de la Juventud, and List of islands of Cuba, 4,195 islands, islets and cays surrounding the main island. It is located where the ...

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. Rowe'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 (1 September 1939 – 2 September 1945) was a World war, global conflict between two coalitions: the Allies of World War II, Allies and the Axis powers. World War II by country, Nearly all of the wo ...

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. Hi ...

, Jamaica, before traveling to

England England is a Countries of the United Kingdom, country that is part of the United Kingdom. It is located on the island of Great Britain, of which it covers about 62%, and List of islands of England, more than 100 smaller adjacent islands. It ...

to read for the

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

Lincoln's Inn The Honourable Society of Lincoln's Inn, commonly known as Lincoln's Inn, is one of the four Inns of Court (professional associations for Barrister, barristers and judges) in London. To be called to the bar in order to practise as a barrister ...

in 1957. Thereafter he strictly applied 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 is a trial lawyer in South Florida, and his daughter Patricia, who also lives in

Florida Florida ( ; ) is a U.S. state, state in the Southeastern United States, Southeastern region of the United States. It borders the Gulf of Mexico to the west, Alabama to the northwest, Georgia (U.S. state), Georgia to the north, the Atlantic ...

, 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 Jamaica Labour Party leader, who, on Independence Day, August 6th, 1962, became the first prime minister ...

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 Northwestern Europe, off the coast of European mainland, the 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 British politics during the early 1960s. John Profumo, the 46-year-old Secretary of State for War in Harold Macmillan's Conservative government, had an extramarital affair with the 19-year-old model Ch ...

. Rowe was promoted and 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 the Earth, global intergovernmental organization established by the signing of the Charter of the United Nations, UN Charter on 26 June 1945 with the stated purpose of maintaining international peace and internationa ...

at the height of the

Cold War The Cold War was a period of global Geopolitics, geopolitical rivalry between the United States (US) and the Soviet Union (USSR) and their respective allies, the capitalist Western Bloc and communist Eastern Bloc, which lasted from 1947 unt ...

. 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 Priz ...

Golda Meir Golda Meir (; 3 May 1898 – 8 December 1978) was the prime minister of Israel, serving from 1969 to 1974. She was Israel's first and only female head of government. Born into a Jewish family in Kyiv, Kiev, Russian Empire (present-day Ukraine) ...

and

Alexei Kosygin Alexei Nikolayevich Kosygin (–18 December 1980) was a Soviet people, Soviet statesman during the Cold War. He served as the Premier of the Soviet Union from 1964 to 1980 and, alongside General Secretary Leonid Brezhnev, was one of its most ...

. He assisted in the coordination of Ethiopian Emperor

Haile Selassie Haile Selassie I (born Tafari Makonnen or ''Ethiopian aristocratic and court titles#Lij, Lij'' Tafari; 23 July 189227 August 1975) was Emperor of Ethiopia from 1930 to 1974. He rose to power as the Ethiopian aristocratic and court titles, Rege ...

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

Attorney General In most common law jurisdictions, the attorney general (: attorneys general) or attorney-general (AG or Atty.-Gen) is the main legal advisor to the government. In some jurisdictions, attorneys general also have executive responsibility for law enf ...

and

Solicitor General A solicitor general is a government official who serves as the chief representative of the government in courtroom proceedings. In systems based on the English common law that have an attorney general or equivalent position, the solicitor general ...

in Jamaica. At a time when Jamaica was torn with controversy over

Black Power Black power is a list of political slogans, political slogan and a name which is given to various associated ideologies which aim to achieve self-determination for black people. It is primarily, but not exclusively, used in the United States b ...

and the development of the

Rastafarian Rastafari is an Abrahamic 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 the movement and much ...

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

Queen's Counsel A King's Counsel (Post-nominal letters, post-nominal initials KC) is a senior lawyer appointed by the monarch (or their Viceroy, viceregal representative) of some Commonwealth realms as a "Counsel learned in the law". When the reigning monarc ...

, the youngest Queen's 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 of Jamaica, Parliament in 1974 to combat rising gun violence, and empowered to try suspects ''in ca ...

judges sitting in criminal cases without a

jury A jury is a sworn body of people (jurors) convened to hear evidence, make Question of fact, findings of fact, and render an impartiality, impartial verdict officially submitted to them by a court, or to set a sentence (law), penalty or Judgmen ...

. His decisions in the

Cayman Islands The Cayman Islands () is a self-governing British Overseas Territories, British Overseas Territory, and the largest by population. The territory comprises the three islands of Grand Cayman, Cayman Brac and Little Cayman, which are located so ...

made

money laundering Money laundering is the process of illegally concealing the origin of money obtained from illicit activities (often known as dirty money) such as drug trafficking, sex work, terrorism, corruption, and embezzlement, and converting the funds i ...

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

, his decisions reinforced the

rule of law The essence of the rule of law is that all people and institutions within a Body politic, political body are subject to the same laws. This concept is sometimes stated simply as "no one is above the law" or "all are equal before the law". Acco ...

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 The separation of powers principle functionally differentiates several types of state (polity), state power (usually Legislature#Legislation, law-making, adjudication, and Executive (government)#Function, execution) and requires these operat ...

and constitutional law in Jamaica. His most significant contribution to Caribbean people was his 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 ''b ...

in Family Law in the

West Indies The West Indies is an island subregion of the Americas, surrounded by the Atlantic Ocean, North Atlantic Ocean and the Caribbean Sea, which comprises 13 independent island country, island countries and 19 dependent territory, dependencies in thr ...

. The Family Law Committee of Jamaica, of which he was chairman, abolished Bastardy 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 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 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 19268 September 2022) was Queen of the United Kingdom and other Commonwealth realms from 6 February 1952 until Death and state funeral of Elizabeth II, her death in 2022. ...

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

References

Sources

* *
Jamaica Constitution Order in Council.
* 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.
*

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 advocate o ...

* Sir Alexander Bustamante *

Rastafarians Rastafari is an Abrahamic 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 the movement and much ...

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

* *
Jamaica Constitution Order in Council.
* 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 Diplomats for Jamaica 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 King's Counsel