ARGUMENTS CONCERNING ABOLOTION OF PRIVY COUNCIL

Arguments for and against:

Abolition of P.C.
P.C not designed to be a full appellate court., but extraordinary court of appeal, nor is it easily accessible: Baughman v R. (1999) 56 WIR 199 P.C. judges do not have the kind of legal reasoning required to interpret written constitutions because of Parliamentary sovereignty illustrated by adherence to rigid common law principles. P.C. lacks familiarity with W.I. life. This might be reflected in adequacy of damages, which is related to economic conditions, devalued $. Selvanayagan v UWI (1983) 34 WIR 267 , Gleaner Co v Abrahams (2003) 63WIR 197

Abolition of P.C. contd.

P.C. has no real knowledge of sociological conditions of region and cannot give informed judicial decisions, eg. P.C. swayed by UN Human Rights Committee in capital punishment cases which does not reflect norm in W.I. Pratt & Morgan (1993) 43 WIR 340 Political distance of P.C. may be disadvantageous. P.C. is not apolitical. There may be conservative, imperialist, racist thinking brought to bear on cases: Mazimbuto v Burke [1969] AC 645

Abolition of P.C
Lack of familiarity of W.I. life eg peculiarities of matrifocal societies, common law marriages and children born out of wedlock. Caribbean counsel has to educate the court as to uniqueness of W.I. life. Argument that P.C judges are better quality rooted in lack of self confidence and anything foreign is better

Abolition of P.C.
Caribbean judges have created precedents in our jurisdiction although they seldom get the credit. It is P.C. judgments that we cite. Caribbean justices have contributed to collective wisdom of P.C. eg. Constitutional matters: Thornhill v AG (1981) AC 61 Judicial imperialism.

Abolition of P.C. conts.

Arguments in favour of P.C. are rooted largely in dependency syndrome. Arguments that replacing P.C. would be cutting off great body of common law is misplaced considering increased communication. Arguments that judges not sufficient qualified or competent ignores regional universities. Between 1983-1993 63% of decisions upheld by P.C.

Abolition of P.C. contd.

Argument in relation to costs is merely evidence of freeness mentality. Cost of going to P.C.. Is extremely high. CCJ is symbolic value of sovereignty and independence providing court of final determination of legal disputes. We have no say in membership of P.C. CCJ will give room to develop our own jurisprudence and help to mature as jurists and legal thinkers. Liberation from restrictive centuries old British doctrine.

ARGUMENTS AGAINST ABOLITION OF P.C.

CCJ will be costly for region. Qualified judges will cost. Regionalism has not been successful thus far, likelihood of success of CCJ is small. Political distance of P.C. allows decisions to be adjudicated more fairly and objectively- impartial. If Judges are chosen by quota smaller jurisdictions will have smaller quotas; if by merit some jurisdictions will be left out.

Arguments for P.C.

Political interference will be present. P.C. has already demonstrated its competency to adjudicate on W.I. matters even constitutional matters eg. Bills of Right. P.C. does not compromise sovereignty or independent status, it is a convenient cheap arrangement.

Arguments for P.C. cond.

P.C. has high quality judges, and we get same quality of justice as U.K. P.C. judges have demonstrated a willingness to give liberal interpretation to our constitution. Corruption of judges less likely.

 Marcia C. Robinson (Mrs.) LLB; MBA; BSc. (Hons.) Attorney-at-Law/Lecturer