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The Debate

The issue of whether Caribbean courts should retain the Privy Council as their final appellate court continues to permeate debates among judges, jurist and legal practitioners. De La Bastide describes it as ‘almost impossible to win the argument’ and the feasibility of such implementation is always being questioned. This section examines the arguments proposed by many retentionists for the Pricy Council and how its short comings enforce the need for the CCJ.

Judicial Independence

One major factor for retention of the Privy Council is the notion that the CCJ will not dispense independence and impartiality in administering justice in its decisions. Confidence in the Privy Council’s independence and integrity is predominately due to its geographic location. Situated far away from the Caribbean has facilitated them to remain unadulterated by our local politics. Their “Olympian aloofness” has also been welcomed by Commonwealth countries as it has allowed their decision making in times of political pressure to bring a calming influence to constitutional problems. Retentionists avouch that the CCJ is too close to our local circumstances and may become influenced by pre-trial publicity, political pressures and removes us from an effective pool of case law. Rose-Marie Antoine’s stated that, “The Privy Council gives us the opportunity to benefit from, and contribute to, a common pool of case law and to keep in touch with a variety of similar legal systems”.

Although these arguments can be convincing, the idea that the CCJ will be tainted by political intrusion has been overstated and cannot be evidentially supported. The establishment of an independent Judicial Legal Commission ensures the security of the independence of the ...

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...s incurred by the court. The CCJ’s trust fund is controlled by an independent Board of Trustees to ensure that there is no financial intrusion by the government.

A point that should be considered is which cost is of paramount concern; the state’s cost to implement the court or the cost to individuals seeking a higher level of litigation? It is a poor reflection on our judiciary as their main justification for the retention of the Privy Council is because it is free. What does the judicial system have to show for saving years of money by appealing to the Privy Council? Is it under-resourced court systems which lack the necessary staff and technology? Caribbean jurist, Professor Telford Georges who sat as a member of the Privy Council shares similar views. This notion indubitably manifests the low priority we accord to the administration of justice in our region.