Date: February 13th 2013
Topic: The Privy Council vs. Caribbean Court of Justice
The Privy Council vs. Caribbean Court of Justice
At the center of the judicial system in the Commonwealth Caribbean lies the English Judicial Committee of the Privy Council. "The Judicial Committee of the Privy Council is primarily the final Court of Appeal for those Commonwealth territories which have retained the appeal to Her Majesty in other matters."' The Privy Council is an institution that became established as the final court for the individual countries during the era of colonialism. The Privy Council is the British Crown's private council. It is composed of more than three hundred members, including cabinet members, distinguished scholars, judges, and legislators. It is the oldest form of legislative assembly still functioning in the UK, responsible for a number of responsibilities. The Queen is the Head of the Privy Council and is advised by a formal body of advisers made up of senior politicians who are (or have been) members of either the House of Commons or the House of Lords. The Caribbean Court of Justice is the judicial institution of the Caribbean Community (CARICOM) which was established in 2001 and based in Port of Spain, Trinidad and Tobago. It also serves as the highest court of appeals on civil and criminal matters for the member states. In 1973, the Treaty of Chaguaramas, establishing the Caribbean Community and the Common Market (CARICOM) came into being. This Treaty has since been revised to take into account changes in the global trading environment and the establishment of the CARICOM Single Market and Economy (CSME). Since disputes will inevitably arise under the revised Treaty establishing the CSME, CARICOM Member States saw the importance of establishing a competent entity to resolve those disputes and develop a body of community law. The Organisation of Commonwealth Caribbean Bar Association (OCCBA), based on a study it...
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