The Caribbean Court of Justice: A Leap of Hope
CARIBBEAN COURT OF JUSTICE
CARIBBEAN COURT OF JUSTICE
• The fear of cutting the umbilical cord ... the relevance of the Privy Council in Post
Independent West Indian Nation States
CCJ
What are the fear of cutting the umbilical cord of the
Privy Council
Bahamas said consistently that they will not replace appeals from the Committee of the PC to the CCJ
Constraint on access to justice are inherent in retaining the Judicial Committee as final court of appeal.
Huge expense
Visa requirement to enter the all are real and very serious
CCJ
• The Privy Council originated at the Norman Conquest with the premise that the King is the fountain of all justice throughout his dominions and exercises jurisdiction in his council, which acts an advisory capacity to the Crown.
• This Council or Court was the first Curia Regis from which sprung the entire British Judicial system
• Subjects with grievance submit their petition to the King with the discovery of the new world and the growth of the
British empire, the Appellate business of the King’s Council increased dramatically and the judicial committee emerged as the highest court of civil and criminal appeals for British empire. CCJ
It was in 1966 that the Privy Council was permitted to give dissenting opinions prior to then it was inappropriate to give the Crown conflicting bits of advice.
Today 13 independent state will send their final appeal to the PC
Caribbean administration system had no say in the composition of the judges or their tenure or the role of procedure of the court.
CCJ
• Justice Malachlins stated in an article “ If the judges who comprise a nation final court are entirely detached from an intimate understanding of that nations realities there will always be present a risk, a danger of a disconnect between the jurisprudence they fashion and the need and aspiration and goal and value of the people for whom the jurisprudence is fashioned. This is not just true for the Caribbean but for any other
CARIBBEAN COURT OF JUSTICE
• The fear of cutting the umbilical cord ... the relevance of the Privy Council in Post
Independent West Indian Nation States
CCJ
What are the fear of cutting the umbilical cord of the
Privy Council
Bahamas said consistently that they will not replace appeals from the Committee of the PC to the CCJ
Constraint on access to justice are inherent in retaining the Judicial Committee as final court of appeal.
Huge expense
Visa requirement to enter the all are real and very serious
CCJ
• The Privy Council originated at the Norman Conquest with the premise that the King is the fountain of all justice throughout his dominions and exercises jurisdiction in his council, which acts an advisory capacity to the Crown.
• This Council or Court was the first Curia Regis from which sprung the entire British Judicial system
• Subjects with grievance submit their petition to the King with the discovery of the new world and the growth of the
British empire, the Appellate business of the King’s Council increased dramatically and the judicial committee emerged as the highest court of civil and criminal appeals for British empire. CCJ
It was in 1966 that the Privy Council was permitted to give dissenting opinions prior to then it was inappropriate to give the Crown conflicting bits of advice.
Today 13 independent state will send their final appeal to the PC
Caribbean administration system had no say in the composition of the judges or their tenure or the role of procedure of the court.
CCJ
• Justice Malachlins stated in an article “ If the judges who comprise a nation final court are entirely detached from an intimate understanding of that nations realities there will always be present a risk, a danger of a disconnect between the jurisprudence they fashion and the need and aspiration and goal and value of the people for whom the jurisprudence is fashioned. This is not just true for the Caribbean but for any other