The Caribbean Court of Justice: A Leap of Hope

Topics: Law, Appeal, Judge Pages: 26 (1916 words) Published: February 18, 2016
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
civilization.

CCJ
• It is now essential that judges possess deep
sensitivity to a broad range of social concerns
• She further stated: Judges must possess a keen
appreciation of the importance and individual
and group interests and rights and they must be
in touch with the society in which they work,
understanding its values and its tensions.
• The judicial committee’s self acknowledged
imperviousness to local pressure is always
characterized as one of its great virtues.

CCJ
Judicial accountability is compromised by the
existence of a final municipal court that
functions thousands of miles away whose
judges do not live and have never lived in the
municipality they serve and therefore whose
experience of the consequences of the
decisions they make is not shared by the
people of that municipality.

CCJ
Extra judicial comments from the Privy Council is 1828.
It is obvious that, from the mere distance of those colonies and the immense variety of matters arising in them, foreign to our habits and beyond the scope of our knowledge any judicial tribunal in this country must of necessity be an extremely inadequate court of reddress.

Lord Hoffman “ A court of your own is necessary if you are going to have the hill benefit of what a final court can do to transform society in partnership with the other two branches of government.

In the case of Johnson v Johnson of the Cayman Islands Lord Griffith noted that “ the Local Court with their knowledge of local conditions are far better equipped to embark on the analysis of facts and the evaluation of the needs of the parties and their children which are essential to arriving at a fair decision. These matters must be left to the local court working under the guidance of the local court of appeal.

CCJ
In the assessment of damages the Judicial
Committee of the Privy Council often deters to
the judgment and experience of the local
court.
In the case of See...
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