The caribbean court of justice or the judicial committee of the privy council over the past few years, this question ascended to the realms of intense regional debate most recently, the parliament of jamaica discussed this matter on april 28th, 2015 while in dominica , that country decided to settle with the caribbean court of justice (ccj. The caribbean court of justice (ccj) is exploring all available options to get more caricom member states to make it their final court of appeal, according to recently-appointed president justice adri. The caribbean court of justice (ccj) is envisioned as a final court of appeal for the esc that will replace the privy council as the court of final appellate jurisdiction for the decision of crhninal and civil matters it will also function as a new international court for the region, designed as a court of original jurisdiction to. Of caricom to establish a caribbean court of justice (ccj), which was inaugurated in 2005 civil and criminal cases that were heard in the court of appeal were brought before the judicial committee of the privy council, while cases regarding caricom treaties were appealed in the ccj in 2009.
Revised opinion- antigua and barbuda context it is in my view that the criteria to be considered in our quest to dispose of the judicial committee of the privy council (privy council) should be: whether the abolition of our right to appeal to the privy council will be beneficial to antigua and barbuda and if so, are we prepared for such a move. I agree that the ccj has excellent jurists and is to be credited for well reasoned decisions yes, we must remove ourselves from the privy council, but that doesn't. Member states who have acceded to it as their final court as of 2011 are barbados, belize and guyana( prior to the ccj, belize's final court was the british privy council) in 2009, a constitutional amendment was introduced in the legislature of belize providing for its accession to the appellate jurisdiction of the ccj with effect from june 1. •the creation of a new court is one of the most important decisions for jamaica jamaican citizens have the right to appeal to the privy council in criminal, civil or.
Arguments raised for retaining the privy council versus arguments to implement the ccj as the final appellate court. Simmons explained that to take a criminal case to the privy council the state's bill was in the region of over £50,000 ,while it was way less for the ccj, whose judgment takes into consideration the realities of the caribbean. 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. The recent ruling against presidential term limits in guyana by the caribbean court of justice (ccj) is revealing the ccj is the final court of appeal, replacing the privy council guyana is not the only country to be proud of the ccj other caricom nations — barbados, belize and dominica- have. Reginald armour, sc, says he cannot think of any logical reason for splitting the jurisdictions of the privy council and the caribbean court of justice (ccj.
6 the caribbean court of justice the third period, from 1989 to 1993, was undoubtedly the most dynamic phase because of the important initiatives which were taken towards the goal of realizing the institution of a caribbean court of justice. Recently, i was meeting with an attorney-at-law and member of the jamaican privy council, an encounter which gave me an idea of how we could have a caribbean court of justice (ccj)-judicial committee of the privy council compromise. The judges of the ccj are, at the very least, the equals of the british privy council and, as the facts bear out, the ccj is the caribbean people's court as much for the poor as the rich. While no direct cost to maintain the privy council is incurred by the government of jamaica , there is a cost attached to accessing the court which would either be lessened or not exist at all if the caribbean court of justice were our final court.
Ccj debate without the noise (arguments for and against retaining the privy council as jamaica's final court of appeal. So far only two countries - barbados and guyana - have signed up fully to the ccj, which is intended to replace the privy council in london as the final appeal court for caricom's english-speaking. The essence of what was being said is that parliament would not allow any rout under the pretense of 'judicial interpretation', inside jamaica or overseas, to trespass on the sovereign competence of parliament to legislate on matters of national policy. Table 20 opinions regarding the ccj and privy council as final court of appeal 89 v list of appendices appendix i questions asked of the honourable patrick manning.
Below is a simplified summary of the arguments for and against adopting the ccj as jamaica's final court of appeal, contributed to the gleaner by the gleaner company's legal advisor, shena stubbs-gibson. Barbados joined the ccj in 2004 and stuart said even while in opposition in the senate, he championed the cause of the court and urged the break from the privy council in england. Antigua and barbuda will hold a referendum on november 6 to decide whether or not to replace the london-based privy council with the ccj as the island's final court.