Advantage and disadvantage of ccj and privy council

In the Commonwealth Caribbean, our written Constitution declares such sovereignty and it also sets out other laws, rights and freedoms that are to be demonstrated as our general guidance in carrying our nation forward.

Advantage and disadvantage of ccj and privy council

Search Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal The ongoing debate about the establishment of the Caribbean Court of Justice CCJand whether or not it would benefit the people of the Caribbean or should be the final appellant court continues.

The objective of the CCJ was to provide for the Caribbean community an accessible, fair, efficient, innovative and impartial justice system built on jurisprudence reflective of our history, values and traditions while maintaining an inspirational, independent institution worthy of emulation by the courts of the region and the trust and confidence of its people.

However, like any other objective, there are both advantages and disadvantages that accompanies it. After careful analysis on this matter, there are a number of advantages that can be explored.

Pfmlures.com | Forum: CCJ v Privy Council

Having an established CCJ is seen as a better alternative to the Privy Council because the judicial personnel of the CCJ would be more aware of the legal and social landscape of the Caribbean and would be in a better position to rule more effectively on legal matters.

Do you think that the Lords of the Privy Council would actually know the present situation of your country better? They would just base their decisions excluding the constitution precepts of the nation in question. Lord Griffin was quoted as saying: Additionally, a statement was made by Lord Bingham in which he admitted that the local courts would be better off in dealing with these matters, and he stated: Many Caribbean islands are no longer British colonies, but it is strange that they still feel comfortable being dependant on an institution of the same colony from which they became independent, to administer final steps of justice.

According to Douglas Mendes: Let us draw our attention to the financial aspect of this matter. If the CCJ is to be put to use, it would be funded by its own Caribbean people.

Six reasons why there’s no need for Privy Council, CCJ referendum

We would not have to depend on the funds of other nations that may later withdraw and enforce bias decision making in our court. Furthermore, just imagine having to pay an enormous amount of money just to travel to the UK for settlement to a case. What is the sense when the case could have been settled in the CCJ?

The whole point of the matter is that trying a case in the CCJ would never amount to the price of the Privy Council. Moreover, the CCJ will give us a sense of well being. It is seen as a pathway for our future generation.

It would also be a necessary institution for our upcoming potential lawyers because it would provide recognition and success.

Additionally, we are living in an era where youths are no longer comfortable swallowing the status quo, and they constantly question the actions of these high positions.

Consequently, it is critical that in this juncture of our development as a Caribbean people, we establish practicable institutions that would provide opportunities for the future generation. On the other hand, although there are a number of advantages in making the CCJ a final appellant court for Caribbean nations, there are also equal disadvantages.

The stance on this matter includes: It is postulated that the long term financing of the CCJ may be very problematic.

Advantage and disadvantage of ccj and privy council

Furthermore, it is in the minds of people, that with the present political atmosphere in our region, the replacement of the Privy Council by the CCJ is only a recipe for destruction. They fear that if the CCJ stands as the final court of appeal in this region, that there may and will be political interference in our courts.

It is of the belief that it will not be easy for the judges, being as human as they are, to ignore their political stance when reaching the final verdict in a case. This may result not only to a bad or an unjust ruling but chaos may also arise in the region.

There is also an atmosphere of bias where the CCJ is concerned. As humans, we are entitled to our own beliefs. This may arise from different Caribbean countries feeling that they are better than some or it may arise from the revenge that countries may want to distribute on other neighboring islands for some reason or the other.

Whereas if the Privy Council was the final court of appeal instead of the CCJ, the Lords in the Privy Council will be free from all bias whatsoever, reason being that they only arrive at a verdict with the evidence they were shown.

In closing we see the advantages in having the CCJ as a final appellant court as oppose to the Privy Council with reference to the legal and social landscape of the Caribbean, our independence, the comparatively cheaper expense of the CCJ as oppose to the Privy Council and leaving a legacy for our future generation.

Advantage and disadvantage of ccj and privy council

On the other hand, some may argue that it is seen as a disadvantage because of the cost involved in the establishing and operating another bureaucracy, the bias in the CCJ courts, the political interference as well as the unjust rulings.Sir Richard Cheltenham of Medical Benefits inquiry fame here in Antigua and Barbuda is in Antigua again, this time to argue for a transition from Privy Council to Caribbean Court of Justice (CCJ).

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.

FOREIGN Affairs and Trade Minister A J Nicholson has given six reasons to rule out a referendum on replacing the United Kingdom Privy Council with the Caribbean Court of Justice (CCJ) as Jamaica's. The ongoing debate about the establishment of the Caribbean Court of Justice (CCJ), and whether or not it would benefit the people of the Caribbean or should be the final appellant court continues.

Sir Richard Cheltenham summarizes advantages of the CCJ

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Six reasons why there’s no need for Privy Council, CCJ referendum If the people vote to remain with the Privy Council, the power to enforce that vote lies not in Kingston, but in Whitehall.

Six reasons why there’s no need for Privy Council, CCJ referendum