For and against arguments for jamaica
Original jurisdiction issues turn primarily on international Law, and in the nature of things, it is not likely that there will be heavy traffic to the CCJ under original jurisdiction.
A bill presented last June by parliament member Juliet Cuthbert-Flynn of the majority Jamaica Labour Party to decriminalize abortion in the case of incest or rape is currently being debated by lawmakers.
Sovereignty One of the strongest arguments in favour of the CCJ is based on the idea of sovereignty.
Caribbean court of justice
This is a misconceived idea. After so many years of independence we should have the confidence and assurance to conduct our final appellate matters on our own. The Privy Council offers its cadre of judges and facilities free of cost to its former colonies. Many in the region view this influence as the reason judges of the Privy Council have, in recent times, in their rulings on death penalty appeals, invariably adopted an anti-death penalty stance, with the end result that the death penalty has effectively been abolished in Commonwealth Caribbean territories without legislative intervention as should have been the case. However, in the region, save for Guyana, the Judicial Committee of the Privy Council has been retained but not without much rancour. Sovereignty One of the strongest arguments in favour of the CCJ is based on the idea of sovereignty. The Minister of Finance, who presents the Budget and opens the debate, also has the privilege of speaking last, as he closes the Budget Debate. However, in the Lambert Watson case, the Privy Council said this approach amounted to inhumane or degrading punishment or treatment, as it required the sentencing judge to impose a sentence without regard to the individuality and individual circumstances of the guilty person. Indeed, when Jamaicans compete in international spheres in all endeavours, Caribbean people root for them as one of their own. Although the death penalty is still on the law books, there has not been an execution in Jamaica since the late s. The debate should not be left to wither away just because we have other pressing priorities. Anti-colonialism Under the broad heading of sovereignty, some supporters of the CCJ have also presented anti-colonial perspectives based on history. All other factors being equal, could a Shanique Myrie have afforded to take her appeal to the Privy Council and to retain a bevy of English advocates at prevailing rates? Throughout the Caribbean region, some independent states have retained the death penalty for murder, but as a result of the decision of the Judicial Committee of the Privy Council in Lambert Watson versus the Attorney General of Jamaica in , mandatory sentences of death are no longer allowed, as in each death penalty case, the sentencing judges are obliged to consider whether or not the person found guilty of murder should be executed.
All other factors being equal, could a Shanique Myrie have afforded to take her appeal to the Privy Council and to retain a bevy of English advocates at prevailing rates? However, in the Lambert Watson case, the Privy Council said this approach amounted to inhumane or degrading punishment or treatment, as it required the sentencing judge to impose a sentence without regard to the individuality and individual circumstances of the guilty person.
Arguments against the CCJ and Jamaican Final Court of Appeal Lack of political independence: There is a fear that while the judges of the Privy Council are dispassionate about regional politics, not being residents of the Caribbean, regional judges are less likely to be so and may become polarised, serving the interests of their individual governments.
The recurrent account also contains an estimate of the revenue expected from taxes, such as import duties, income taxes, property taxes, licences, and consumption duties. For more than 10 years we have been in a situation which falls short of equilibrium.
The ruling held that where the time period between the imposition of a sentence of death and execution exceeds five years, it shall be presumed that execution would amount to inhumane or degrading punishment or treatment, which is contrary to the Jamaican Constitution.
While, after the referendum in Jamaica, the West Indian goal of joint independence was shattered, the reality that none of the countries could survive alone remained and inspired the creation of CARICOM and CSME by Caribbean development economists, political scientists and historians.
based on 34 review