Bringing Justice Home. The Road to Final Appellate and Regional Court Establishment

Cheryl Thompson-Barrow
Commonwealth Secretariat, 2008

ISBN 978-1-84859-015-1

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Table of Contents

Sections

List of acronyms

Acknowledgments

Summary

Introduction

History of Appeals to the Judicial Committee of the Privy Council in London

Location of the Judicial Committee of the Privy Council Jurisdiction of the Privy Council The effect of monarchical and republican streams of independent states

Judicial Independence - Final Appellate Court Establishment

The decline of appeals to the Privy Council The case of Canada Australia's abolition New court in New Zealand The Caribbean's court challenge Decline of appeals and petitions to the Privy Council< The road to being Arguments of resistance The court in existence Access to justice - the Caribbean Court of Justice vs the Privy Council Independence and security of the Caribbean Court of Justice Some features of the Caribbean Court of Justice

Regional Court Establishment

Regional developing trends Regional courtsand their community law The Caribbean Court of Justice The court and its place in community law The COMESA Court of Justice Relationship between COMESA court and national courts The court and its place in community law The Community Court of Justice of ECOWAS The court and its place in community law

Some Results So Far

New Zealand Supreme Court Criminal Property (land) Family law Human rights Equity Environmental law Civil procedure - appeal rights Torts The Caribbean Court of Justice Leave to appeal, administrative law - damages Property (land) Criminal law The COMESA Court of Justice

Recommended Best Practices

Appellate jurisdiction General recommendations Judicial appointments Library and research facilities Amicus curiae Translation and interpretation services Adequate security Specific recommendations Public confidence/appointment and independence of judges Recommendations: Backlog and modernisation Recommendations: Continuing judicial education Recommendations: The regional and international law jurisdiction General recommendations Library facilities Infrastructure Funding Periodic meetings Spe...

References and Bibliography