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...
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