The Privy Council is, for many independent nations of the Commonwealth Caribbean, the final appellate Court. This is despite the fact that there is the Caribbean Court of Justice (CCJ) which possesses both an international and appellate jurisdiction under its establishing Revised Treaty of Chaguaramas. The debate has been ongoing, and most, if not all, arguments have already been advanced one way or the other on why the Privy Council or the CCJ should be the region’s final Court of Appeal. Unlike other research which discusses the well-traversed reasons for keeping the Privy Council or replacing it with the CCJ, this chapter will engage in a nuanced argument that the replacement of the Privy Council with the CCJ has less to do with the legal ability of either court and more to do with the relationship which the people of the region have with those in authority. To this end, the underlying themes of low levels of public trust and confidence in government and judges across the region flawed processes for referenda; politically perceived areas of national development and divergent case law from both courts will be explored as reasons for not replacing the PC with the CCJ.

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The Privy Council as the Final Appellate Court in the Caribbean: Ability or Perception?

  • Timothy A. Affonso

摘要

The Privy Council is, for many independent nations of the Commonwealth Caribbean, the final appellate Court. This is despite the fact that there is the Caribbean Court of Justice (CCJ) which possesses both an international and appellate jurisdiction under its establishing Revised Treaty of Chaguaramas. The debate has been ongoing, and most, if not all, arguments have already been advanced one way or the other on why the Privy Council or the CCJ should be the region’s final Court of Appeal. Unlike other research which discusses the well-traversed reasons for keeping the Privy Council or replacing it with the CCJ, this chapter will engage in a nuanced argument that the replacement of the Privy Council with the CCJ has less to do with the legal ability of either court and more to do with the relationship which the people of the region have with those in authority. To this end, the underlying themes of low levels of public trust and confidence in government and judges across the region flawed processes for referenda; politically perceived areas of national development and divergent case law from both courts will be explored as reasons for not replacing the PC with the CCJ.