‘Will the Caribbean Court of Justice replace the Privy Council?’

“Logic suggests that replacing the Privy Council with the Caribbean Court of Justice (the CCJ) is not a question of whether – but when. Since the Norman Conquest the Privy Council has been the cabinet through which the monarch governed England. Its jurisdiction was based on the idea that ‘the King is the fountain of all justice throughout his dominions and exercises jurisdiction in his Council, which acts in an advisory capacity to the Crown’: see F Safford and G Wheeler, The Practice of the Privy Council in Judicial Matters (1901) 699-707. In 1900 the Privy Council exercised jurisdiction over one fifth of the globe and a quarter of its population. Now it is an appellate court for 0.1% of the world’s population – retained by 14 Commonwealth countries and 10 British Overseas Territories …” (more)

[Richard Clayton QC, UKCLA, 27 September]

First posted 2021-09-28 10:00:22

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