For and Against Arguments for Jamaica Having Their Own Final Court of Appeal

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Benefits of Jamaica having its own final court of Appeal (For & Against)

The Privy Council based in Britain and serves as the final Court of Appeal for all of the countries of the region except Guyana and Barbados. Barbados and Guyana both accepted the Caribbean Court of Justice (CCJ) established in 2005, as their final Court of Appeal. Caricom governments established the Caribbean Court of Justice to replace the London based Privy Council as the regions final court and concerns such as the CCJ being open to political interference were raised by regional jurists but later dismissed by the Court. Retention of the Privy Council as the Final Court of Appeal is a long ongoing argument/debate amongst judges, practitioners as well as the general public

Lord Phillips, president of the New Supreme Court said that he would like to find measures to reduce the “disproportionate” time Senior Justices spend hearing legal appeals from Commonwealth countries to the Privy Council (PC) in London. He also questions whether some of the Privy Council cases ranging from Jamaican death row appeals to fights over needed to be heard by a panel of five of Britain’s most senior judges. In an ‘ideal world’ former Commonwealth Countries would forego using the Privy Council and set up their own final court of appeal.

Security it affords the PC, the geographic location (removed from the Caribbean) it is untainted by local pressure of politics of patronage.The Privy Councils freedom from political pressure allows its decisions especially in times of political controversy easier. The political distance of the Privy Council allows for decisions to be fair and objective (impartial) while having our own final court such as the CCJ might not be as impartial with justice or the decisions made.

We get the same quality of justice as the United Kingdom and corruption of the judges is highly unlikely. The Privy Council as it is, is uninfluenced by political or social factors of the...
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