Feb The Privy Council. The Judicial Committee of the Privy Council. London, England. Feb How to cite this page Choose cite format:. It is of the belief that it will not be easy for the judges, being as human as they are, to ignore their political stance when reaching the final verdict in a case. This may result not only to a bad or an unjust ruling but chaos may also arise in the region. There is also an atmosphere of bias where the CCJ is concerned. As humans, we are entitled to our own beliefs.
This may arise from different Caribbean countries feeling that they are better than some or it may arise from the revenge that countries may want to distribute on other neighboring islands for some reason or the other. Whereas if the Privy Council was the final court of appeal instead of the CCJ, the Lords in the Privy Council will be free from all bias whatsoever, reason being that they only arrive at a verdict with the evidence they were shown.
In closing we see the advantages in having the CCJ as a final appellant court as oppose to the Privy Council with reference to the legal and social landscape of the Caribbean, our independence, the comparatively cheaper expense of the CCJ as oppose to the Privy Council and leaving a legacy for our future generation.
On the other hand, some may argue that it is seen as a disadvantage because of the cost involved in the establishing and operating another bureaucracy, the bias in the CCJ courts, the political interference as well as the unjust rulings. Part III of the Agreement provides that in the exercise of its appellate jurisdiction, the Court will act as a superior Court of record with such jurisdiction and powers as are conferred on it by the Agreement or by the constitution or any other law of a contracting Party.
Therefore Appeals shall lie to the Court from decisions of the Court of Appeal of the respective Caricom member States.
Some are of the view that by continuing to refer matters to the Privy Council, independent Caribbean countries demonstrate that they remain only at the penultimate stage of independence. The CCJ will secure the full independent status of the former colonies of the commonwealth Caribbean.
It will help to create a judicial system which reflects the culture of the peoples of the Commonwealth Caribbean States. To address the cost issues and in an attempt to ensure the impartiality of the CCJ and to be certain that its Judges are not subject to or held ransom by the self-interests of various Governments, a Trust Fund has been established to address these and other concerns of potential corruption.
The argument has also been made, against the Privy Council and in favour of the CCJ, that the Privy Council is too far removed from the region and does not fully appreciate the regions local circumstances. The Privy Council is too costly to individual litigants while the CCJ, a regional court is not expected to cost the individual litigant much in the way of fees of expenses. The Privy Councils jurisdiction is limited as it only functions as a court of final appeal whilst the CCJ dual and unique jurisdiction will effectively provide for decision making in respect of Caricom treaty issues, which previously had no real Court in respect of which members states could brings their grouses.
The Privy Council hears a limited number of matters each year ad permission to appeal to Privy Council is required in some instances. Coming out of colonisation and gaining independency, this is conflicting with our sovereignty whereas, it shows a masked control of judicial power by the British Monarch.
The issue of the impact which independence had over the jurisdiction of the Privy Council was addressed in the case of Ibralebbe v R2, a case from Ceylon, which shared a similar colonial experience with the Commonwealth Caribbean. In other words, for those Commonwealth Caribbean States that have accepted the appellate jurisdiction of the CCJ over the Privy Council, it is their final Court of Appeal for these jurisdictions.He who pays the piper calls the tune. This passport is used in accordance with the agreed format for intra-regional and extra-regional travel. The sad thing was that Mary burnt unimportant people discover his true potential and gets him beaten, because.
It will also create awareness to border officials at the ports-of-entry, indicating a CARICOM national, therefore, creating a hassle-free travel for the individual s. Let us draw our attention to the financial aspect of this matter. The Privy Council would be interpreting Caribbean laws based on the examples they have had with the Single European Community. This approach is not dissimilar to that adopted in Europe. What is the sense when the case could have been settled in the CCJ?
Against this background, it has been recommended that the Caribbean Community should remain with the Privy Council and ultimately abandon its move to set up its own final court of appeal. This approach is not dissimilar to that adopted in Europe. Of course, not attendant risks are involved in the Privy Councils process. Part III of the Agreement provides that in the exercise of its appellate jurisdiction, the Court will act as a superior Court of record with such jurisdiction and powers as are conferred on it by the Agreement or by the constitution or any other law of a contracting Party. The CCJ is the highest appellate court for Barbados Guyana and Belize however all the other islands retain the Privy Council as their final appellate court. On the other hand, some may argue that it is seen as a disadvantage because of the cost involved in the establishing and operating another bureaucracy, the bias in the CCJ courts, the political interference as well as the unjust rulings.
They would just base their decisions excluding the constitution precepts of the nation in question. However, like any other objective, there are both advantages and disadvantages that accompanies it. Much attributed to the development of the European Union is the strong presence of the European Justice system whereby disputes are resolved in the interest of Europe as a whole rather than in the interest of potentially conflicting member states. Related Posts. It would also be a necessary institution for our upcoming potential lawyers because it would provide recognition and success.
We would not have to depend on the funds of other nations that may later withdraw and enforce bias decision making in our court.
This approach is not dissimilar to that adopted in Europe. Wholly in contrast the independence, impartiality and integrity of Her Majestys Privy Council has remained without question for centuries.
This taint will certainly leave a sour taste in the mouths of all those territories who have moved towards the abolition of the death penalty and who are looking to the Commonwealth Caribbean to do the same. On the other hand, although there are a number of advantages in making the CCJ a final appellant court for Caribbean nations, there are also equal disadvantages.
There is an already existing body of precedent on which the Privy Council may rely for judicial guidance. He who pays the piper calls the tune. Retention of the Privy Council as our final court of appeal, which is usually in general agreement with the decisions of the jurists of the region, would save on the costs of establishing and administering the CCJ. Additionally, we are living in an era where youths are no longer comfortable swallowing the status quo, and they constantly question the actions of these high positions. After careful analysis on this matter, there are a number of advantages that can be explored.