Basic Reasons why CCj should Replace the JCPC
UNIVERSITY OF TECHNOLOGY, JAMAICA
INSTITUTE OF LAW & ECONOMICS
PUBLIC LAW
DUE DATE: 24TH NOVERMBER, 2013
DATE OF SUBMISSION: 27TH NOVEMBER, 2013
NAME: DELANDO R. MORRIS
TEACHER’S NAME: MRS. HEMMINGS-ALLISON
Page | 1
IINTRODUCTION
Gaining sovereignty as a nation State is overwhelming to the point of being able to sustaining one’s country in the best possible way that reflects good governance that will be of mutual benefits to citizens, permanent residents and to all. In the Commonwealth Caribbean, our written
Constitution declares such sovereignty and it also sets out other laws, rights and freedoms that are to be demonstrated as our general guidance in carrying our nation forward.
Contrary to this, it also dictated, to us, as independent nations, as to how our legal system is to be managed, in specific, the procedure of making an appeal to a matter that was ruled by the highest court of that country. This final appeal, in most cases, appeals are made to “Her Majesty in
Council” who then refers the matter to be heard in the Judicial Committee of the Privy Council
(JCPC or the Privy Council) consisting of a panel of judges (five judges) known as “the Board”.
Coming out of colonisation and gaining independency, this is conflicting with our sovereignty whereas, it shows a masked control of judicial power by the British Monarch.
In this paper, I will exposit a small number of reasons as to why the Caribbean Court of Justice
(CCJ or the Court) should replace the Privy Council demonstrating sovereignty as
Commonwealth Caribbean States.
Page | 2
WHAT IS THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL (JCPC)?
The JCPC is the final Court of Appeal or Court of Last Resort for the Commonwealth Caribbean
States, in both the original and appellate jurisdictions of a court system with the exception of the
Republic of Guyana and Barbados. It is “the apex of the court system in most of the jurisdictions in the Commonwealth Caribbean.”1 The Privy
INSTITUTE OF LAW & ECONOMICS
PUBLIC LAW
DUE DATE: 24TH NOVERMBER, 2013
DATE OF SUBMISSION: 27TH NOVEMBER, 2013
NAME: DELANDO R. MORRIS
TEACHER’S NAME: MRS. HEMMINGS-ALLISON
Page | 1
IINTRODUCTION
Gaining sovereignty as a nation State is overwhelming to the point of being able to sustaining one’s country in the best possible way that reflects good governance that will be of mutual benefits to citizens, permanent residents and to all. In the Commonwealth Caribbean, our written
Constitution declares such sovereignty and it also sets out other laws, rights and freedoms that are to be demonstrated as our general guidance in carrying our nation forward.
Contrary to this, it also dictated, to us, as independent nations, as to how our legal system is to be managed, in specific, the procedure of making an appeal to a matter that was ruled by the highest court of that country. This final appeal, in most cases, appeals are made to “Her Majesty in
Council” who then refers the matter to be heard in the Judicial Committee of the Privy Council
(JCPC or the Privy Council) consisting of a panel of judges (five judges) known as “the Board”.
Coming out of colonisation and gaining independency, this is conflicting with our sovereignty whereas, it shows a masked control of judicial power by the British Monarch.
In this paper, I will exposit a small number of reasons as to why the Caribbean Court of Justice
(CCJ or the Court) should replace the Privy Council demonstrating sovereignty as
Commonwealth Caribbean States.
Page | 2
WHAT IS THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL (JCPC)?
The JCPC is the final Court of Appeal or Court of Last Resort for the Commonwealth Caribbean
States, in both the original and appellate jurisdictions of a court system with the exception of the
Republic of Guyana and Barbados. It is “the apex of the court system in most of the jurisdictions in the Commonwealth Caribbean.”1 The Privy
Bibliography: Antoine, Rose-Marie Belle. Commonwealth Caribbean Law and Legal Systems, (2nd Ed.), London: Routledge-Cavendish, 2008, Print and Industry, 2006, Print. Chambers, 2012, Print CASES: , 26 Nov, 2013, Web. 15 Feb, 2008, Web.