Colonization in the Commonwealth Caribbean
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Colonization in the Commonwealth Caribbean
The period of colonialism has been described as the period of intrusion by the British, the presence of England in countries of the Caribbean, the subjection to British rules, laws, values and norms which were interpreted and handed down to the colonies, as well as the absence of local social institutions of colonies. The Privy Council which is the highest court of appeal in Jamaica and other Commonwealth countries is a legacy of the period of colonialism. According to Vasciannie (1996), the Privy Council was viewed by the British as the cement that glued the British Empire together and it was also seen as the “bond of union” between the United Kingdom and the colonies.
It is interesting to note the fundamental role played by the Privy Council in the development of the socio-political and intellectual armor during colonization. The Privy Council ensured that the imposition of matters from the United Kingdom remained under British rule and that there was orderly development of the common law as well as the just application of these laws in the colonies.
Presently the Privy Council continues to be the final court of appeal for some countries in the Commonwealth Caribbean including Jamaica. However the jurisdiction of the Privy Council has been challenged due to the formation of the Caribbean Court of Justice (CCJ) in 2005.
CARICOM countries have proposed the replacement of the Privy Council with the CCJ so that the norms and values of the Caribbean community can also be interjected in the laws of the Caribbean. The CCJ is presently the sole interpreter for the Treaty of Chaguaramas which was established by CARICOM to deal with trade disputes within the Caribbean between member states of CARICOM. It has also been proposed by CARICOM that the CCJ become the final court of appeal within the Caribbean. However, the view that the Privy Council should remain as the final court of appeal for the Caribbean is well founded.
There are arguments that support the removal of the Privy Council from its present jurisdiction. Some of the arguments that support the removal are that this process will act as the final instrument of independence of the Caribbean countries from British colonial rule, it will allow for the development of the Caribbean jurisprudence, the cost of appeal will be reduced, the Caribbean judges will understand the socio-cultural realities of the Caribbean and as a result will synchronize their judgment while maintaining the opinion of the population, and there will be less opposition to capital punishment.
Although the arguments to support the removal of the Privy Council as the final court of appeal in the Caribbean are valuable, one also has to look at the arguments that support the maintenance of the Privy Council in its present jurisdiction. Firstly, let us look at the long period of service that the Privy Council has given to the Caribbean region, providing the Caribbean with representation on several cases pro bono which means free of charge. The Judges of the Privy Council have always based their findings on the laws before them, understanding the rights of human beings which are universal and not basing their judgment on the social mores of the Caribbean region allowing them to remain objective.
Another factor that has supported the maintenance of Privy Council is the possibility that local politics can affect the appointment of judges from the different countries in the Caribbean. This in turn can influence political bias in the high