From left to right: Justice Marva Mcintosh, Ms Michelle Brown, Dr Aldo Zammit Borda and Professor Rose-Marie Belle Antoine who all spoke at the seminar held in Jamaica on 28 May 2008. Justice Duke Pollard (not pictured) was another speaker at the event.
Legal experts debate court of appeal for the Caribbean
25 June 2008
Commonwealth-organised seminar brings together academics and legal practitioners to examine constitutional and administrative law in the region
The pros and cons of the final court of appeal currently used by the majority of Caribbean countries were addressed at a recent seminar held in Kingston, Jamaica, on 28 May 2008.
Discussions addressed the question of whether countries in the region should continue using the Judicial Committee of the Privy Council (JCPC) which is based in London, UK, or make better use of the Caribbean Court of Justice (CCJ) as their final court of appeal.
“There are mixed views as to whether the decisions of the JCPC adequately reflect the current social ethos of the region,” said Aldo Zammit Borda, Legal Editor at the Commonwealth Secretariat.
“Some argue that the JCPC is a better option for a regional court of appeal because they believe its decisions remain more objective, while others feel the new court – with regionally appointed judges – will give the Caribbean greater judicial independence from Europe.”
Legal practitioners, including judges and public and private sector lawyers, as well as academics attended the seminar, which was opened by Justice Marva Mcintosh, from the Supreme Court of Jamaica.
Independence from crown
When Commonwealth countries in the Caribbean took independence from the British crown – mainly between the 1960s and 1970s – they formed independent governments and parliaments. Many, however, were reluctant to break away from the JCPC.
Appellate jurisdiction
An appellate jurisdiction simply refers to an appeal court.
However, in 2005 the CCJ was inaugurated with two main purposes, the first of which is to ensure the principles of CARICOM – the Caribbean Community and Common Market – are upheld and to decide on infringements of its founding treaties. These cases are heard by courts of first instance such as a magistrate’s court.
The second purpose is to act as a final appeals court, which would replace the need for the JCPC – its ‘appellate’ jurisdiction.
Signing on
Supporters of this new court argue that the JCPC is not ideally placed to deal with regional cases while based in London.
However, currently, support for this new court is limited. In fact, only Barbados and Guyana have signed on to its appellate jurisdiction, thereby cutting their judicial dependence from JCPC. For the other CARICOM states, the JCPC remains the final court of appeal.
Further information
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