Advantages and Disadvantages of the Ccj as the Caribbean's Final Court of Appeal

1439 words 6 pages
What are the advantages and disadvantages of all Caribbean states having the CCJ as a finale appellate court?

The ongoing debate about the establishment of the Caribbean Court of Justice (CCJ), and whether or not it would benefit the people of the Caribbean or should be the final appellant court continues. The CCJ was established in 2001 and is based in Trinidad and Tobago. The objective of the CCJ was to provide for the Caribbean community an accessible, fair, efficient, innovative and impartial justice system built on jurisprudence reflective of our history, values and traditions while maintaining an inspirational, independent institution worthy of emulation by the courts of the region and the trust and confidence of its people.
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Many Caribbean islands are no longer British colonies, but it is strange that they still feel comfortable being dependant on an institution of the same colony from which they became independent, to administer final steps of justice. That is a slap in the face to our ‘independence’!
According to Douglas Mendes:
“You cannot…call yourselves independent if you go to a foreign court as your final court of appeal.” Similarly, Dr. Francis Alexis, Attorney General Of Grenada, stated that the CCJ:
“…would promote our sense of self confidence and would be a complement to the political independence for which we have fought.”
The whole aspect of the CCJ was to give Caribbean people a voice and a chance to embrace their independence, but how can this be accomplished if we keep giving it to the Privy Council?
Let us draw our attention to the financial aspect of this matter. If the CCJ is to be put to use, it would be funded by its own Caribbean people. We would not have to depend on the funds of other nations that may later withdraw and enforce bias decision making in our court.
Furthermore, just imagine having to pay an enormous amount of money just to travel to the UK for settlement to a case. What is the sense when the case could have been settled in the CCJ? The whole point of the matter is that trying a case in the CCJ would never amount to the price of the Privy Council.
Moreover, the CCJ will give us a sense of well being. It is seen as a pathway for our future