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,…show more content… The members of the Council are collectively known as "The Lords of Her Majesty's Most Honourable Privy Council". The Sovereign appoints Privy Counselors on the advice of the government and generally consists of senior members of Parliament, the church and judiciary. The Privy Council shows a more complex structure than the CCJ. The CCJ is the highest appellate court for Barbados Guyana and Belize however all the other islands retain the Privy Council as their final appellate court. Another distinguishing feature is that the CCJ can interpret the Treaty and apply it to our legal systems only where possible. This limitation means that it has to be done within the confines of the different laws of the islands. This feature is unlike to the EU system where the EU court could make direct laws which would affect member states. The Privy Council would be interpreting Caribbean laws based on the examples they have had with the Single European Community. On the other hand the Caribbean Court of Justice would have an active role in resolving trade disputes and trade integration based on the laws relating to the Caribbean community.
References Davila, Isabela C., Replacing the Privy Council with the Caribbean Court of Justice in the OECS Countries. Pdf. Feb 2013. The Privy Council. The Judicial Committee of the Privy Council. London, England. Feb