Showing posts with label Grenada. Show all posts
Showing posts with label Grenada. Show all posts

February 16, 2016

ABEC begins preparations for referendum on CCJ

The Antigua & Barbuda Electoral Commission (ABEC) said it is making preparations to facilitate the vote which will determine whether or not the Caribbean Court of Justice (CCJ) replaces the Privy Council as the nation’s final court of appeal.

To replace the Privy Council with the CCJ, however, would require a constitutional change, which would have to be approved by voters in a referendum.

Said referendum is expected to be conducted later this year.

Chairman of ABEC, Nathaniel Paddy James said a constitutional expert from Grenada is currently drafting the rules for the referendum which will be conducted similarly to a general election.

There is a provision in the Referendum Act which allows for the making of rules by the minister, which is the prime minister,” James said. “They are being drafted and will be looked at and will eventually go to Parliament for ratification.”

James said this is expected to be done in “short order”.

In the meantime, the National Coordinating Committee (NCC) will spearhead a public education campaign aimed at sensitising residents about the Trinidad-based CCJ.

Source:http://antiguaobserver.com/abec-begins-preparations-for-referendum-on-ccj/

Published February 15, 2016

January 28, 2011

Jamaica’s position on CCJ scorned

Jamaica’s position on CCJ scorned
Published: Friday, January 28, 2011

ST GEORGE’S, Grenada (CMC) – Prime Minister Tillman Thomas has scoffed at a suggestion by the Government of Jamaica to opt for its own final Court of Appeal instead of going the route of the Caribbean Court Of Justice (CCJ).

Thomas, who is the current chairman of Caricom, said Jamaica’s argument that there would be political interference in the CCJ did not make sense.

“What I find a bit strange about Jamaica’s position is that the argument against the CCJ is that there would be political interference. Domestically, it makes it easier for political interference,” he said.

Late last year a debate in Jamaica’s Parliament, over whether to sever ties with the British Privy Council as its final Court of Appeal, revealed that the government while agreeing to move away from the Privy Council, was proffering a Jamaica Court of Appeal over the Caribbean Court of Justice (CCJ).

This idea was sharply shot down by the opposition which called for a referendum on the issue.

Thomas said there is a need for more collective confidence in the ability of regional judges to hand down unbiased judgments.

“We in the region have competent and capable judges to man our courts,” he said.

“As a matter of fact, one of the best Courts of Appeal we have experienced in the region is the Court of Appeal in Grenada during the revolution and the revolution had its problems; but that Court of Appeal which was in Grenada was one of the most distinguished and outstanding courts in the region.”

One of the judges who served in that court is Sir Nicholas Liverpool, Dominica’s President. He served as Justice of Appeal in the Grenada Court of Appeal from 1979 to 1991.

Grenada is a signatory to the CCJ and Thomas said he believes it’s just a matter of time before the country takes steps to adopt it as its final appellate court



Read more: http://www.jamaicaobserver.com/news/Jamaica-s-position-on-CCJ-scorned#ixzz1CLUt2nnt

November 24, 2009

Jamaica and the Caribbean Court of Justice and regional integration

Commentary: Jamaica and the Caribbean Court of Justice and regional integrationPublished on Tuesday, November 24, 2009
By Oscar Ramjeet
Source: C
aribbeannetnews.com

Dr Oswald Harding, who was the attorney general of Jamaica when the Caribbean Court of Justice (CCJ) was first touted in the late 1980s and the early 1990s, has explained to me why Jamaica has not yet abolished appeals to the Privy Council and joined the CCJ as the final court.

The former Jamaica Attorney General and his Trinidad and counterpart, Selwyn Richardson, were moving from island to island encouraging governments to join the regional court, but after 20 years these two countries are still to accept the CCJ as the final Court.

Dr Harding, who is now the President of the Senate, in an exclusive interview with me said that the Jamaica Labour Party (JLP) has always been in favour of the regional Court, but said that there were a few distractions in the 1990s: Richardson was murdered and the JLP lost the government among others.

He explained that the Peoples National Party government under P.J. Patterson then started to railroad activities in a move to remove the Privy Council as the final court by passing legislation without consulting the JLP, which was later struck down by the London-based Privy Council.

He added that the Jamaican government is contributing 27% of the costs to run and administer the Court and has not been getting any benefit whatsoever since it has not joined the Appellate Division because the Privy Council is still the final Court and he referred to the attitude of the CCJ Judges.

The Senior Counsel said that he is not happy with the composition of the Court and pointed out that seven highly qualified and experienced Jamaican lawyers had applied for a position in the Court, but they were all turned down in favour of less experienced candidates.

Touching on talks and discussions about Caribbean integration, the President of the Senate referred to a publication "integrate or perish". He said that there is too much talk and less action in this regard and referred to the stand taken by some regional governments on the question of freedom of movement.

He said that some governments change the goal post when it is convenient to them and there must be a change of attitude.

Meanwhile, Jamaican Attorney General, Dorothy Lightbourne, indicated to me that her country is about to take steps to remove the Privy Council as the final Court, and Belize Prime Minister Dean Barrow has already tabled a Motion in Parliament to amend the Constitution to facilitate the CCJ as the final Court.

In fact the Belize Government, although there is no need for a referendum to effect the change, has launched public aware consultations throughout the country to sensitise constituents on the proposed constitutional changes.

A few other countries, including Grenada, St Lucia and St Vincent and the Grenadines, have signalled their interest in joining the regional Appellate Court as well.

The Trinidad and Tobago Government is willing to go on board, but before it can do so it has to get the sanction of the Opposition since it requires two thirds majority in order to secure the amendment.

Only two countries, Guyana and Barbados, are members of the Appellate Jurisdiction of the Court, which was established more than four years ago.

October 06, 2009

Commentary: Law and Politics: Progress and change must go together
Published on Tuesday, October 6, 2009
By Lloyd Noel
Source: Caribbean Net News


Progress is not a movement from some bad place where you think you are, to some perfect place you would like to be. Progress is about the development of oneself and by extension that of the society as a whole.

And in our situation in Grenada today, change is not just a promise, it is an absolute necessity that we must change the society as a whole.

To do otherwise is like saying to those coming thereafter, that if Tom Dick and Harry, could get away with the wrong-doing in public office then so can you; and the need for genuine change to bring about real progress, will remain a hopeless dream and pie in the sky wishful thinking, that will always take us backwards and never forward.

There is absolutely no doubt whatsoever, that the society we are struggling under, for the majority to make a living of survival now-a-days, must be changed, turned around or upside down, taken or removed from the state or feeling of stagnation or hopelessness and pushed, or prodded, or whatever it may take, to bring about some measure of progress and peaceful living and genuine survival.

The lawlessness in too many areas are becoming the order of the day, whether it is simply walking into people’s yard or areas around the houses, and taking away any and everything they can carry; or going into gardens and farmlands and either stealing crops to go and sell, as though they planted and cared them for market; or maliciously chopping up and rooting up fruits and plants and leaving the poor farmer in economic distress; and even cruelly damaging animals and poultry for pure spite, because the culprits have some grudge or axe to grind with the owners, all these and those are now common place all over the country side.

Some people are behaving as though they have no regard, or respect, or concern for lawful authority and the consequences that would flow from being caught and prosecuted.

And to make bad matters even worse when they are caught and found guilty, and the magistrate impose the penalty provided by the law, others misguidedly take it upon themselves to protest, and complain and accuse the magistrate for being too harsh and draconian in enforcing the law. We need more such judicial officers, like the very fearless one we have in the Western district.

We are hearing about violent incidents with knives and cutlasses now-a-day, as though the law pertaining to offensive weapons has been abolished.

The police force have to be much more proactive with their presence and operations all over the country and not just for Marijuana plants detection.

The rise in criminal activities is escalating far too rapidly and remedial action must be taken without further delay to curb this menace, or else we will soon join our neighbours to the North and South in terms of their frightening reputation for uncontrollable violent crimes.

And should that situation ever be reached in these Isles, it would be worse than a hurricane disaster, because the one attribute we have and it remained intact after Ivan and Emily, is that all our visitors from wherever are always commenting with confidence how peaceful and safe and fearless they feel on the streets and other night spots when in Grenada.

True enough one or two ugly incidents have occurred in the recent past involving a few visitors, but those few have been isolated instances that must be kept that way.

We cannot afford to pretend, that we do not know or not hearing about the wrong-doing taking place around the country, and getting worse and more tragic with every other incident and close our eyes and ears to the reality.

Because if we continue to maintain that position, and always feeling the problem is for those in authority to solve and nothing to do with us the shock waves will be much harder to cope with when it reaches our door steps, as it most certainly will in one way or another.

We have to be our brothers and sisters keeper and share their grief; we have to co-operate with the law enforcement officers, and those in control and authority, to help bring about the changes that are necessary if we truly want to see progress for our people.

And in talking about change and progress at this time, and about what is taking place around the Island of Grenada especially – in connection with the increasing incidents of criminal activities and lawlessness in general – the topic of our final Court of Appeal at the Privy Council in London, for all our English speaking CARICOM states except Barbados and Guyana, has again raised its troublesome head for further discussion and decision among other states.

All the CARICOM states upon gaining their Independence from the early nineteen sixties continued to use the Privy Council as their Final Court of Appeal.

Among all the other reasons, it was a free service to all Commonwealth countries from the motherland and the Head of State in Her Majesty.

And even when many of the bigger states opted for Republican status with their local Head of State, they still kept the Privy Council as their Final Court of Appeal. Trinidad and Tobago is a good example right next door.

In our cases in the OECS, we had no choice because we simply could not afford to finance a Final Court of Appeal, in addition to the first Court of Appeal we were already sharing as the Associated States Supreme Court.

Guyana dropped the Privy council when it went Republic and the Barbados government was peeved over a decision against it from the Privy Council and decided to go its own way, although it kept the Queen as the Head of State, and continued to be called or known as little England.

The Privy Council is staffed by Law Lords from the Former House of Lords – or Upper House of the British Parliament in England. And that in itself was a very peculiar arrangement that could perhaps only operate in England where so many things, and systems, and ways of life, have for centuries functioned on the basis and strengths of convention.

In effect those Law Lords – very distinguished and learned lawyers, who became judges and later elevated to the highest level of the Court of Appeal – were sitting in Parliament where the laws are made, and later on sitting in a court as judges to rule on the very laws.

Now from the first of October, 2009, that peculiar system is no more in existence. From that date the Supreme Court of England has taken over the role of the House of Lords as the Final Appellate Court in England, Ireland, Scotland and Wales (The British Isles).

Under the new law passed through Parliament, eleven of those Law Lords who form that court, have moved out of Parliament and into their own independent Supreme Court Building, to sit only as Appeal Court Judges.

And going with them into that new setting is the long standing portfolio of the Final Appellate Court of Her Majesty’s Privy Council, for those Commonwealth Countries which still maintain that judicial linkage.

And with that change in the British Legal system that has been in existence for many, many centuries, and has served us with distinction, integrity, and enduring confidence since independence, the hue and cry has already started, that we in the CARICOM region must see this move as the beginning of the end, and make haste to find our own Caribbean Final Appellate Court.

This call to cut our ties with England as the final Appellate Court is not new.

In fact our CARICOM leaders some years ago amended the Treaty of Chaguaramas, to bring into force the Caribbean Single Market and Economy (CSME), and in that amended treaty that ALL the region’s leaders at the time signed, provision is made therein for the (CCJ) Caribbean Court of Justice, which is expected to perform a dual role as our highest court in the region.

The first role deals with disputes among or between states, over the interpretation of the CSME. Rules and Procedures, and that came into operation as a matter of course.

The bigger problem concerns the second role of the CCJ, as the Final Appellate Court for those states in CARICOM which have been using the Privy Council as such, from the time of their Independence.

Of course, Guyana and Barbados had opted out of that arrangement before the CSME came into being, so they are the only two states now using the CCJ as their Final Court of Appeal.

Needless to emphasize the point that the whole exercise towards bringing the remaining states into readiness to adopt the new court as their Final Appellate Court is fully tied up or entangled in politics between opposition groups in the respective states.

The governments in power either have to go to the people by way of a referendum for authority, or must have a certain level of the majority seats in Parliament to be able to pass the enabling legislation.

And therein lays the dilemma towards any formal movement. Even those who signed the CSME Treaty when they were in power are now in opposition with second thoughts.

St Vincent and the Grenadines have taken the lead and I believe Belize have also published its intention to move ahead by year end.

Elsewhere in the region, it is all lip service and grave un-certainty about where we going and how we plan to get there.

Loads of doubt about that change is very prevalent among a very wide cross section of our people.

And the major question remains large and looming among the many doubters on this matter are we ready and prepared to make that drastic change, at this or anytime soon?

And from my own perspective, I cannot help or resist the query, would that change go together with the progress we are currently aiming to achieve?

Only time and coming events will fully answer those questions.

October 02, 2009

Caribbean Constitutions Compromised By Changes To British House Of Lords
Source: CaribbeanWorldNews.com
Published: Fri. Oct. 2, 2009

Constitutions of independent Caribbean countries, which still send appeals to the Judicial Committee of the Privy Council in London, will be compromised by the abolition of the judicial jurisdiction of the House of Lords.

So says Grenada-born attorney, Dr. Francis Alexis. Alexis said the October 1, 2009 dissolution of the judicial jurisdiction of the House of Lords and the substitution of the UK Supreme Court, inaugurated Thursday, means that there will no longer be law lords to constitute the main bench of the Privy Council.

This compromises the fundamental premise on which Caribbean constitutions continued the Privy Council into independence, said Alexis, adding that it will humiliate and embarrasses independent Caribbean nations.

It means that decisions taken in London as of Thursday will seriously impact constitutionally on independent Caribbean countries which retain appeals to the Privy Council, emphasizing how untenable it is for the Caribbean to continue sending appeals to the Privy Council, said Alexis.

He said the least the Caribbean can do now to redeem nationhood is to pull out of the Privy Council as quickly as possible. This would answer the wake-up call to get out early from the Privy Council , sounded recently by the president of the UK Supreme Court Lord Phillips, said Alexis.

Fortunately, Alexis notes, the Caribbean has available, as a regional final appellate court, the Caribbean Court of Justice. This facility of the CCJ, Alexis advises , should be utilised urgently by the Caribbean, following the shining examples of Barbados and Guyana.

British legal history was yesterday made with the new Supreme Court taking over from the House of Lords as the highest court in the UK. The Supreme Court is the result of the Constitutional Reform Act of 2005, aimed at separating the highest appeal court from the upper house of Parliament, and removing the Law Lords from the legislature.

September 10, 2008

Future of the CCJ?

Commentary: What is the future of the Caribbean Court of Justice?
By Oscar Ramjeet
Published on Tuesday, September 9, 2008

Source : Caribbean Net News
Print Version

It seems to me that the Caribbean Court of Justice (CCJ), which was on the back-burner for more than three years is no longer there, since it has been completely removed from the stove and is tucked away in some corner. At least the leaders of Trinidad and Tobago, Grenada, St Lucia and St Vincent and the Grenadines are more concerned about OECS unity with the twin island republic, than to initiate steps to remove the Privy Council as the final court.

One wonders why so much time is being spent by Trinidad and Tobago Prime Minister, Patrick Manning to jet to Jamaica, Bahamas, Belize and OECS to sensitise the leaders on his wider OECS initiative rather than to move to join the CCJ as the final court and encourage the OECS states to do likewise. Moreover, more attention is being paid on the implications of the European Partnership Agreement (EPA) as to whether or not Caribbean countries should sign.
It was Trinidad and Tobago as well as Jamaica, the two largest Engllish speaking countries in the region, which were in the forefront for the regional court and both countries now seem to have little or no interest.
I recall in 1990, while I was Solicitor General of St VIncent and the Grenadines, the late Selwyn Richardson, who was the Attorney General of the twin island republic, and Bryn Pollard, former Legal Advisor to CARICOM, journeyed to St Vncent and the Grenadines to woo the James Mitchell government to join the court.
Now, after nearly 18 years, only two countries, Barbados and Guyana, enjoy the benefits of the Appellate Division of the CCJ.
Why? Is it that the governments are reluctant to take steps to put the mechanism in place to remove the Privy Council as the final court, be it by way of referenda or two thirds or three-fourths of parliamentary votes as the case may be, or they do not want to confront the electorates?
It seems to me that the governments will have to woo the opposition to support the move, but they are hesitant to do so. It should be noted that there have been changes in the administration of most countries in the region since the idea of setting up of the court was conceived.
Besides David Thompson of Barbados, there are at least four other Prime Ministers who are lawyers, Herbert Ingraham of Bahamas, Ralph Gonsalves of St VIncent and the Grenadnes and the two new leaders, Dean Barrow of Belize and Tillman Thomas of Grenada, and they should work assidiously to rid the Privy Council as the final court. The region does not only need political independence, but it is high time the Caribbean adopt a parochial approach to the development of Caribbean jurisprudence.
Caribbean jurisprudence and its promotion is not just about civil and criminal disputes and matters of public law, but the CCJ also exercises an original jurisdiction since the court is charged with the resolving disputes between Caribbean countries that are parties to the Revised Treaty of Chaguaramas.
The Jamaica Labour Party was in government when the idea was mooted for the CCJ and they are back in power after more than a fifteen years and they are not taking taking steps to do so. Mr Manning is now busy switching his attention to greater heights, maybe to be the leader for the wider OECS, and is not pushing for his country to join the CCJ, although the regional court is based in Port of Spain.
The Attorney General of Antigua and Barbuda, Dominica-born Justin Simon is advocating a joint referendum of the OECS states to determine if they should adopt the appellate jurisdiction. But this cannot be done since a decision has to be taken by each country. It might be a good idea for Simon to advise his Prime Minister, Baldwin Spencer, who is now the Chairman of Caricom, to try to convince member states to join, and perhaps try to woo the Prime Minister of the country of his birth to do likewise.
In fact, Spencer told an interviewer on Observer Radio's Voice in Antigua that he does not think Antigua and Barbuda is entirely opposed to the Manning initiative. He added, "Our level of functional cooperation in the OECS is very, very high and good. As a matter of fact we have been applauded all over the world for what we have been able to accomplish at that level."
The CCJ was inaugurated in April 2005, more than three years and three months ago, with only two countries joinng, Barbados and Guyana, and there is no indication of any other 10 countries are taking steps to do so.
Besides the experienced and well qualified judges, the CCJ has an excellent support staff and top class facilties where audio files of court proceedings can be obtained hours after.
It is very unfortunate that the remaining 10 countries are not making use of the full facilities of the court, despite calls from several quarters, including the president of the CCJ, for the other countries to join, since the court is being under utililized.
I have written several articles about the CCJ, and even suggested that the authorities consider a lobbyist, perhaps an influential regionalist like Sir Shridath Ramphal, former Commonwealth Secretary General, to woo the governments as well as the opposition parties to accept the CCJ as the final court of appeal in the region.

September 01, 2008

The Poltical Union dance


This political union dance
Manning goes on defensive after "flying consultations"
Source: Jamaica Observer
RICKY SINGH
Publication date: Sunday, August 31, 2008

As Prime Minister Patrick Manning spearheads official celebratory activities marking today's 46th Independence anniversary of Trinidad and Tobago, he would most likely be quietly reflecting on the clear disinterest by some of his Caribbean Community colleagues in any form of regional political integration.In his assumed high-profile jet-shuttle initiatives to spread the message in favour of regional and political integration, to which his government and three others in the Eastern Caribbean have committed themselves, in principle, Manning returned home last week knowing that, at best, he could count a so-called "coalition of the willing" on just one hand.

More likely perhaps no more than three. They would include his colleagues from St Vincent and the Grenadines (Ralph Gonsalves) and Grenada (Tilman Thomas). St Lucia's Prime Minister, Stephenson King, had participated in the August 14 meeting in Port-of-Spain hosted and chaired by Manning but it is doubtful that, given the precarious nature of his administration, he could be considered a serious partner in a political union initiative with Trinidad and Tobago.

Neither Haiti nor Suriname, with their different political history and culture was ever viewed as potential allies in a political integration process-except in a distant long term.

For its part, The Bahamas has remained under successive governments on the periphery of Caricom. It operates more as a partner in functional cooperation, with limited interest in the single market, but no interest in the single-economy dimension.

The two countries whose new governments are also yet to commit themselves in any serious way to the creation of Caricom's single economy, are Jamaica (under the leadership of Prime Minister Bruce Golding) and Belize (led by Prime Minister Dean Barrow). It was, therefore, quite puzzling that Manning should have extended his jet-flying visits to meet with his counterparts in Kingston and Belmopan. The situation became less puzzling when he finally felt obliged to explain why he had included Haiti, Suriname and The Bahamas in the process.

After much criticism by political opponents and comments in the region's media, the result of a poor, if not contemptuous effort to communicate with the public, Manning was doing some explaining late last week.

He had extended, out of courtesy, his "consultations" with Caricom counterparts outside of the trio of OECS heads of government that had signed with him a "Joint Declaration" (the text remained a secret at the time of writing) on regional economic and political integration. He never requested ANYONE, he insists, to join the Port-of-Spain initiative by four prime ministers for a limited political union projected for 2013.
JAMAICA AND BELIZE
Those who were aware of the disinterest by both Jamaica's Golding and Belize's Barrow in any form of political union, should now be more concerned in ascertaining the extent of the commitment of both to encouraging the transformation of Caricom into a seamless regional economy.

Such a course would, inevitably, involve a more centrally driven governance system, located in a proposed Single Caricom Act, and realised with a new administrative mechanism armed with executive authority to ensure effective management of the Community's affairs.

In the present circumstances, a Community whose members cannot get their acts together to advance arrangements for a single economy by 2015; nor (except for Barbados and Guyana) abolish the Privy Council in preference for the Caribbean Court of Justice (CCJ) as their court of last resort, seem to be "spinning top in mud", to borrow an expression of our Trini cousins, with the flow of "talks" about even a limited political union by 2013.

These days we are being exposed to strong negative vibes about the future of a once enthusiastically promised CSME (Caricom Single Market and Economy), the target dates for which have kept shifting and remains elusive, even as the political rhetoric continues to capture headlines.

The region's people are being kept largely in the dark about the defaults by politicians and technocrats that have resulted, to date, in delivering only about one-third of approximately 330 of required "implementation actions" to make a reality of the single economy.

In relation to the CCJ, all of our governments dutifully spend taxpayers' money annually to maintain but, shockingly, they fail to have it as their final court. Now, the new game in town is prime minister Manning's jetting around to talk about limited forms of economic and political union, without any road map made known publicly on the steps towards such a goal; and no move to promote national consultations on this vital issue.

Little wonder the deepening disenchantment and cynicism about Caricom's future as the viable economic integration movement which it was conceptualised and launched to be by its visionary architects.

October 01, 2007

'The CCJ and the Legal Profession'

Firmly stands the CCJ Analysis
by Rickey Singh
Sunday, September 30, 2007
Source: Jamaica Observer

A West Indian jurist of the Caribbean Court of Justice (CCJ) has made a strong plea for the region's legal fraternity to help in maintaining "the integrity" of the Port-of-Spain- based institution.

For Vincentian-born Adrian Saunders, former acting chief justice of the Eastern Caribbean Supreme Court, the CCJ "must be able, at all times, to command support and receive encouragement from the legal profession".In delivering the feature address at a conference of the Bar Association of the Organisation of Eastern Caribbean States (OECS) in Grenada last weekend, Justice Saunders argued that the region's legal profession was, after all, "the natural constituency" of the CCJ.

Speaking on the topic, 'The Caribbean Court of Justice and the Legal Profession', the former chairman of the Judicial Education Institute of the Eastern Caribbean Supreme Court recalled that the region's legal fraternity was foremost in its principled advocacy of Caricom substituting the Judicial Committee of the Privy Council with a Caribbean Court of Appeal.

In his assessment, from that early period of commendable support by the legal profession for such a regional appeal court to the inauguration in April 2005 of the CCJ, greater has become the necessity for the legal fraternity to demonstrate such encouragement for the court.

The CCJ, with its panel of seven eminent jurists from the Caribbean, United Kingdom and The Netherlands, stands unique in having original jurisdiction for settlement of disputes arising from the Caricom Treaty on trade and investment matters, while serving as a final appellate court for civil and criminal cases.The court's ceremonial inauguration that had coincided with the initial impeachment proceeding against Trinidad and Tobago's Chief Justice Satnarine Sharma by Prime Minister Patrick Manning, underscored a battle won with the support received from the region's legal fraternity against any political involvement in the appointment or removal of its judges.

No 'Hangman's court'
Saunders dismissed as false and without any merit, attempts by some critics to caricature the CCJ as a so-called "hangman's court" in defence of their own anxieties to retain access to the Privy Council.

Speaking also with some 19 years of experience in private practice as an attorney, Saunders told the participants at the OECS Bar Association meeting that it was important for the CCJ and development of Caribbean jurisprudence for there to be the widest possible access to the regional court as a final appellate institution, instead of a continuing dependence on the Privy Council.

Currently, only Barbados and Guyana have the CCJ as their final appellate court. The Bahamas, Suriname and Haiti have, for different reasons, shown no interest in the CCJ.The Eastern Caribbean states have been rationalising their seeming lack of enthusiasm to delink from the Privy Council by pointing to constitutional hurdles to be overcome, but none has so far initiated any move for the CCJ to replace the Privy Council.

The new Jamaica Labour Party administration has pledged to let the people of Jamaica decide on this issue by way of a national referendum. The Opposition People's National Party has always been in favour of the CCJ but ran into problem of implementation by a Privy Council judgment.

In Trinidad and Tobago, both the People's National Movement and the United National Congress have been doing the 'twist' by their on-and-off approaches to membership of the CCJ. Latest signal from Prime Minister Manning is that access of the CCJ would be a priority issue once his party is returned to power following the new general elections.

Our jurisprudence
In his articulation on Caribbean jurisprudence, Justice Saunders noted that its promotion was "not just about civil and criminal matters, there is also the original jurisdiction of the CCJ to consider." There is no Privy Council or other international precedents here to adopt, discard or massage. Our CSME (Caricom Single Market and Economy) jurisprudence starts with a blank slate. "There is, of course, a considerable body of case law of the ECJ (European Court of Justice). The reality is that the ECJ, in many ways, made the European Community what it is today..."

He reminded his audience that the "broad platform" on which Caribbean jurisprudence rests "is the common, historic, political, economic and cultural experiences we enjoy in this region; our mutual history of slavery, indenture, displacement, resistance and struggle..."

"Colonialism", he said, "has bequeathed us a legacy of democratic structures and traditions premised on those that exist in the United Kingdom. With few exceptions, we boast the same limitations of the Westminster parliamentary system, a comparable body of pre-independence law and written constitutions modelled along the same lines..."

It was on "the solid edifice" of a shared body of law and judicial decision-making, said Saunders, that Caribbean jurisprudence was being strengthened with the CCJ."It is an authentic jurisprudence," he said, "that exists and that has contributed and continues to contribute to an enrichment of the common law."

Saunders, therefore, could not think of a more fitting description than to label this jurisprudence as "Caribbean" and to declare that "there is no better-suited entity to promote it than a Caribbean Court of Justice - with the support of the region's legal fraternity."