Caribbean court of justice

Caribbean court of justice vs privy council

The actual number of judges eligible for JCPC at any given time is actually difficult to determine with one estimate having ninety-five jurists, of which only three were Caribbean judges. These are the types of questions that need to be discussed by an indigenous tribunal By contrast, under the JCPC, civil appeals have never outnumbered criminal appeals. In the five years that followed immediate after the switch to the CCJ, twelve appeals were heard from Barbados. He also added that in an ideal world former Commonwealth countries would stop utilizing the Privy Council and instead set up their own final courts of appeal. CARICOM is probably the only integration movement where judges are not appointed by the political directorate to interpret and apply the instrument establishing the movement. No other judgments or opinions are permitted to be given or delivered. Belize saw appeals roughly twice per year to the JCPC before switching to the CCJ in [20] and subsequently saw 12 appeals in the four years since the first appeal to the CCJ from Belize in mid Though headquartered in Trinidad and Tobago, in the exercise of its original jurisdiction, it is an iterant court, sitting in any of the Member States, as required. This follows a review of the situation conducted by the government after a commitment given at the last Caricom heads of government conference in Suriname in July The wide body of law between these categories, has often been left mainly to small domestic courts in the Caribbean. Lord Gifford noted that the CCJ would be more accessible, affordable and provide a better quality of justice for Jamaicans and other former British colonies in the Caribbean than the Privy Council. This Commission comprises nine members, many of whom are selected by institutions of civil society, and independent of governments.

The single market replacing the original Common Market aspect of the group. The CCJ is the final authority on disputes concerning the interpretation and application of the Revised Treaty, through the exercise of its original jurisdiction and, in this context, a critical component in the way the Single Market functions.

Again in Jamaica, in Aprilat the Sixth Commonwealth Caribbean Heads of Government, [4] the Jamaican delegation tabled a proposal on setting up a regional Court of Appeal [5] and the heads further agreed to take action on relinquishing the Privy Council as the Anglophone Caribbean's final appeal court and mandated a committee of CARICOM attorneys-general to further explore the question of the establishment of what was then being called a "Caribbean Court of Appeal".

The Caribbean Court of Justice is intended to be such an authoritative institution.

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The reform was debated by the Jamaican Senate, however, the government needed the support of at least one opposition senator for the measures to be approved by the required two-thirds majority. When travelling to another country in its jurisdiction the costs are paid for by the CCJ itself including airfare, accommodations and any other expenses.

Caribbean court of justice decisions

Until the ruling, radio station licences had only been issued to members of the prime minister's family. Under the revised Treaty of Chaguaramas, and typical of similar international integrationist movements, the CARICOM has restructured itself to include such elements as are characteristic of the modern democratic state, viz. The JCPC functions as a final appellate court in very restricted manner. Unfortunately, however, the arbitral procedure was never used and serious disputes were never settled, thereby causing the integration movement to be hampered. This was announced by Dominica's Prime Minister, Roosevelt Skerrit and follows on the formal approval received in from the British government that was required in order for Dominica to delink from the Privy Council. Lord Browne-Wilkinson also advocated for the establishment of a regional Caribbean court of last resort. The possible combinations of judges available means that different decisions can be rendered for very similar fact patterns in cases. By contrast, under the JCPC, civil appeals have never outnumbered criminal appeals. The bills would have established the CCJ as the final court of appeal in Jamaica.

Lord Gifford also said that his arguments in support of the CCJ were strictly practical and not based on the Privy Council's composition or being a "colonial relic".

Appellate jurisdiction[ edit ] The birth of the CCJ came after a long and arduous period of planning.

caribbean court of justice cases

In fact, the Privy Council has often been willing to accept findings by Caribbean courts on local matters because they recognize that such courts are more familiar with Caribbean matters. Unfortunately, however, the arbitral procedure was never used and serious disputes were never settled, thereby causing the integration movement to be hampered.

Caribbean court of justice

This Commission comprises nine members, many of whom are selected by institutions of civil society, and independent of governments.

Lucia and St. For the JCPC has no explicit limit on the number of eligible jurists, while for the CCJ the initial limit is nine judges other than the president though this limit may be increased by the agreement of all the member states.

Caribbean court of justice judgments

The CCJ Trust Fund is administered by a Board of Trustees drawn from various regional bodies including the following persons or their nominees: the secretary-general of the Caribbean Community; the vice-chancellor of the University of the West Indies; the president of the Insurance Association of the Caribbean; the chairman of the Association of Indigenous Banks of the Caribbean; the president of the Caribbean Institute of Chartered Accountants; the president of the Organisation of Commonwealth Caribbean Bar Associations; the chairman of the Conference of Heads of the Judiciary of Member States of the Caribbean Community; the president of the Caribbean Association of Industry and Commerce; and the president of the Caribbean Congress of Labour. The second main issue was a case in Antigua and Barbuda , Observer Publications v Matthew, where the Privy Council ruled that the government had acted unlawfully in refusing to consider an application for a broadcast radio station licence. The CCJ is the final authority on disputes concerning the interpretation and application of the Revised Treaty, through the exercise of its original jurisdiction and, in this context, a critical component in the way the Single Market functions. They are appointed by the Commission and can only be dismissed on the recommendation of the Commission acting on the advice of a tribunal established for the purpose. Although the announcement had the general support of the Opposition leader Dr Keith Rowley, [59] he expressed disappointment that the government was "only going halfway" by planning to adopt the CCJ for criminal appeals only [60] while retaining the Privy Council for civil matters and cautioned that the move may not be legally possible under the relevant treaties. Lord Gifford also said that his arguments in support of the CCJ were strictly practical and not based on the Privy Council's composition or being a "colonial relic". The first case heard by the CCJ was in August [8] and was to settle a "decade-long" libel court case from Barbados.

The income from the Fund is expected to finance the expenditures of the Court remuneration of judges and other employees, operation of the court in perpetuity.

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The Caribbean Court of Justice (CCJ)