Essay on Privy Council vs . Caribbean Court of Justice

817 Words Feb 23rd, 2013 4 Pages
Course: HM323

Date: February 13th 2013

Topic: The Privy Council vs. Caribbean Court of Justice

The Privy Council vs. Caribbean Court of Justice At the center of the judicial system in the Commonwealth Caribbean lies the English Judicial Committee of the Privy Council. "The Judicial Committee of the Privy Council is primarily the final Court of Appeal for those Commonwealth territories which have retained the appeal to Her Majesty in other matters."' The Privy Council is an institution that became established as the final court for the individual countries during the era of colonialism. The Privy Council is the British Crown's private council. It is composed of more than three hundred members, including cabinet members,
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The report stated that the Court was a necessary institution for Caribbean independence and the development of an indigenous jurisprudence. It was agreed that "A Caribbean Court of Appeal should be established to replace the Judicial Committee of the Privy Council as the final appellate court for the Commonwealth Caribbean." A decision later made resulted in the renaming of the institution to the Caribbean Court of Justice (CCJ). The CCJ will be the final court of appeal from civil and criminal decisions of the Courts of Appeal of those Member States of the Caribbean Community (CARICOM) which presently send appeals to the Judicial Committee of the Privy Council. The Court will function in two jurisdictions - an original jurisdiction and an appellate jurisdiction. The CCJ in its appellate jurisdiction will apply the laws of the Member States from which they are hearing appeals. In the exercise of its original jurisdiction, the CCJ will be performing the role of an international Court, applying rules of international law in interpreting and applying the revised Treaty of Chaguaramas- a jurisdiction that the Privy Council does not have. This is the main distinguishing feature of the CCJ to the Privy Council.
Unlike the Privy Council with the Queen at the Head, the CCJ is headed by the President and then nine other members who all make up the Judges of the Court. Under The Privy Council, the Judicial Committee consists of senior judges appointed as

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