Colonial Rule Of Independence And Independence

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At independence, all states have the option to retain or abolish appeal to the JCPC. Assuming that a colony’s goal at independence is to free itself from the colonial power’s control, why would a state decide to retain a colonial institution that is an important to the POGG of an independent state? I posit that states desire a final appellate court that is likely to uphold and legitimize the policies of the nation’s governing elite. The length and type of colonial rule influence the national governing elite’s decision about the final appellate court at independence. Some states that retain the right of appeal to an extraterritorial court at independence later abolish the right, while others continue to allow appeals to this extraterritorial court. This mutability raises two additional questions. First, why do we see variations in the length of time some states retained those ties after independence? Second, why do some states ultimately decide to abolish appeals to the JCPC and establish a domestic ultimate appeals court? I posit that states that retain appeals to the JCPC at independence may later decide to abolish appeals if they perceive a divergence between the state’s policies and the JCPC that reduces the likelihood that the JCPC will uphold and legitimize the state’s policies. A disconnect between the decisions of the JCPC and the state’s policies may emerge over time, leading the governing national coalition to take steps to abolish that right of appeal.

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