Preview

Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal

Good Essays
Open Document
Open Document
1425 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal
What are the advantages and disadvantages of all Caribbean states having the CCJ as a finale appellate court?

The ongoing debate about the establishment of the Caribbean Court of Justice (CCJ), and whether or not it would benefit the people of the Caribbean or should be the final appellant court continues. The CCJ was established in 2001 and is based in Trinidad and Tobago. The objective of the CCJ was to provide for the Caribbean community an accessible, fair, efficient, innovative and impartial justice system built on jurisprudence reflective of our history, values and traditions while maintaining an inspirational, independent institution worthy of emulation by the courts of the region and the trust and confidence of its people.
However, like any other objective, there are both advantages and disadvantages that accompanies it. After careful analysis on this matter, there are a number of advantages that can be explored. These include: 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.
Having an established CCJ is seen as a better alternative to the Privy Council because the judicial personnel of the CCJ would be more aware of the legal and social landscape of the Caribbean and would be in a better position to rule more effectively on legal matters. It is believed that judges who are present in the final courts that play a role in the decision making of the case, should be knowledgeable of that country’s rules and regulations, and should also be knowledgeable of what is happening in the country and rule with such things in mind. Do you think that the Lords of the Privy Council would actually know the present situation of your country better? No! They would just base their decisions excluding the constitution precepts of the nation in question.

Lord Griffin was quoted as saying:
“The local courts with their knowledge of

You May Also Find These Documents Helpful

  • Good Essays

    Every book containes a story one of are past, are future or are present Ray Bradbury author of the book Fahrenheit 451 Publishe over 50 years ago is misleading the book is set 50 years in the future but yet has no resemblance to are world today. All the government does is control and burn peoples knowledge.…

    • 395 Words
    • 2 Pages
    Good Essays
  • Good Essays

    Unit 1 Flashcards

    • 2255 Words
    • 11 Pages

    Vice-admirality courts gives more power to Britain by influencing right and wrong in political circumstances, and it gives Britain a chance to tyrannize its colonies.…

    • 2255 Words
    • 11 Pages
    Good Essays
  • Good Essays

    This criterion of judge selection through the relevant commission boosts the independence of the judicial arm of the government through an elimination of the partisan politics, political sponsorship as well as the influence of money when compared to the method that is currently in use.…

    • 1669 Words
    • 7 Pages
    Good Essays
  • Good Essays

    If every country washed by the Caribbean Sea would show the progress in stable and just civilization which, with the aid of the Platt amendment, Cuba has shown since our troops left the island, and which so many of the republics in both Americas are constantly and brilliantly showing, all question of interference by this Nation with their affairs would be at an…

    • 1336 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Caca Trials Pros And Cons

    • 949 Words
    • 4 Pages

    This follows the long tradition of gacaca procedure and it clearly was an important part given that it was made the law. Finally, it is also important that the trials are held locally because it means that the trials are handled entirely by the local population. One of the downsides of an alternative form of seeking justice for human rights abuses in which there is an international tribunal or court, is that the power to charge, try and sentence the criminals is taken out of the hands of the local population – including the victims of the crimes committed by those criminals.…

    • 949 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Provinces in Canada have “real” legislative power and can successfully appeal Federal Government decisions. Two separate sets of jurisdictions can co-exist with overlapping interests. The Privy Council favoured the Province and did not consider race as an issue.…

    • 369 Words
    • 2 Pages
    Good Essays
  • Satisfactory Essays

    Although the entrenchment of the Charter impacted the judiciary to become more powerful, but also through the concept of judicial supremacy as opposed to parliamentary supremacy. First of all, “ the concept of judicial supremacy does not focus on the specific act of review itself. Judicial supremacy refers to the “obligation of coordinate officials not only to obey that [judicial] ruling but to follow its reasoning in future deliberations” (qtd. Whittington. par: 12). Essentially, judicial supremacy allows judges to make any “ constitutional authority and stems directly from the 1982 Constitution Act”(Clio’s Current, par: 1). Whereas parliamentary supremacy refers to the legislative body being the supreme leaders, and law-makers in relationship…

    • 124 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    Upon initial consideration, one would presume that the United States Constitution and the Constitution of Jamaica would not be similar at all. After all, the United States Constitution was ratified in 1787, whereas the Jamaican Constitution was not ratified until 1962, the year Jamaica gained its independence. At first glance, Jamaica's constitution appears to be most similar to that of England, because they both establish a parliament and share the same chief of state (Queen Elizabeth II). These similarities are understandable considering the United Kingdom owned Jamaica until Jamaica gained its independence in 1962. But if one digs deeper into Jamaica's constitution, the many resemblances with the United States Constitution begin to surface.…

    • 1437 Words
    • 6 Pages
    Powerful Essays
  • Powerful Essays

    If you have read the story in the bible, explaining the lives of the Israelites , you can see some similarities in Jamaica’s history timeline. They have dealt with many rulers in their country’s era and still haven’t been able to fall back on a positive government. Their history holds horrifying massacres involving deaths of many innocent casualties. This once beautiful country now has become a struggle of survival. Jamaica had many hardships while Britain colonized the country, but now conditions have worsened and some Jamaicans are saying they would rather still be living under Britain’s rule.…

    • 1786 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Furthermore, the freedom of the judiciary brach to set precedents equal in importance to the law, especially on the controversial issues mentioned in the C.C.R.F., actually diminishes Canada’s democratic nature. Because they are not elected, judges do not have to be sensitive to the will of the…

    • 637 Words
    • 3 Pages
    Good Essays
  • Powerful Essays

    Some say that crime is increasing, while others argue that crime is decreasing, in any event, it is not stopping and the Criminal Court System plays a crucial part in ensuring the safety of the American people and the communities they live in. The purpose of this paper is to examine and evaluate the development of the different court systems, their purpose and how they interact with each other to keep law and order in America today. This is an explanation of how the early legal codes, common laws, precedents, rules of jurisdiction and interpretation of the law impact the courts of today. In addition, this article will explain the…

    • 1359 Words
    • 6 Pages
    Powerful Essays
  • Satisfactory Essays

    This section needs additional citations for verification. Please help improve this article by adding citations to reliable sources. Unsourced material may be challenged…

    • 245 Words
    • 1 Page
    Satisfactory Essays
  • Powerful Essays

    The judiciary plays a unique and pervasive role in American society because of its influence in establishing legal precedent, regulating industry, and crafting social policy. The judiciary is the arbitrator of disputes involving nearly every aspect of human experience, and in many cases these disputes cannot or will not be resolved by the executive, the legislative, and the electorate. Unlike the other branches, the judiciary has no choice but to make some type of decision on the presenting issues. Even a decision not to hear a case has significant repercussions on the relevant issues,…

    • 3787 Words
    • 16 Pages
    Powerful Essays
  • Good Essays

    The perpetrators were given the chance to legally advocate for pardon and have the chance to develop fine relations with the victims to basically reunite as a whole. This document refers directly to the job of the Gacaca Courts as an organization that advocates for the development of Rwanda a whole and wanted to make sure that the country succeeded without provoking more violence or the people taking the power in their hands to revenge what had been done to them. Precisely, to prevent a violent disaster such as the genocide, there was a law introduced a decade ago that procured perpetrators to ask for forgiveness. Readers of this document can infer that this law wanted to satisfy the Hutu perpetrators because by the time they asked for forgiveness.…

    • 1739 Words
    • 7 Pages
    Good Essays
  • Good Essays

    Essay On Circuit Courts

    • 499 Words
    • 2 Pages

    After viewing and hearing the briefs, oral arguments, and the transcripts, pleadings and exhibits from the previous trial, deciding, and writing its opinions the court determines the final say. The Court must decide the case based off the Constitution and laws of the state, regardless of the judge's personal preference, politics, and any other outside influence. (Y. M. Courts, About Your Courts)…

    • 499 Words
    • 2 Pages
    Good Essays