159480205-The-Privy-Council-v-the-CCJ-for-the-final-appellate-court-for-the-Caribbean.pdf - Some arguments for the Continuation of Appeals to the Privy


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Some arguments for the Continuation of Appeals to the Privy Council/ Against the Establishment of the Caribbean Court of Justice (‘CCJ”) “If it isn’t broken don’t try to fix it”- Proponents of this argument are of the view that the Privy Council is properly and satisfactorily functioning as the final court of appeal for the Commonwealth Caribbean territories and there is therefore no need to consider a move to a new judicial system in this regard. There may not be available in the Commonwealth Caribbean sufficient judges of the level of erudition and skill to enable them to function effectively at the level of the judges of the Privy Council. The decisions of those judges may not be of the quality we have come to expect of a final appellate court No adequate or sustainable funding available for the running and maintenance of the CCJ. On the other hand the British Monarch presently funds the Privy Council’s administrative process at no cost to peoples of the commonwealth Caribbean states. The Judges of the Privy Council operate above the fray and have no personal interest or nationalistic sentiments in respect of any matters over which they adjudicate. They are therefore less susceptible to corruption, bias, and political manipulation territories of the Commonwealth Caribbean Cost - It is estimated that the construction of the CCJ could cost upwards of US$100 million. Critics are alarmed at expenses of this level and have condemned any suggestion of a Caribbean Court of Appeal at this cost. They have instead recommended that these monies ought to be/have been spent to facilitate growth and development of essential infrastructure and institutions of greater importance, which are capable of providing an economic return and better health and education for their countries’ citizens. “He who pays the piper calls the tune." - In other words critics are fearful that the more wealthy Caricom members may influence the CCJ by manipulating the entire judicial system and ultimately result in corruption and thereby compromise the impartiality of the Court. Of course, not attendant risks are involved in the Privy Council’s process. Wholly in contrast the independence, impartiality and integrity of Her Majesty’s Privy Council has remained without question for centuries.
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