Does The Caribbean Have An Independent Judiciary?

1376 words - 6 pages

Is there an independent judiciary in the Commonwealth Caribbean? The answer for this question is 'yes'. First we define an independent judiciary. The independence of the judiciary refers to the constitutional arrangements which have been put in place to certify that the judiciary, as an institution, is independent of all those who might wish to wield influences over or control over it. Next, we state the countries in the Commonwealth Caribbean and they are twelve independent countries:- Antigua and Barbuda, the Bahamas, Barbados, Belize, Dominica, Grenada, Guyana, Jamaica, St. Lucia, St. Kitts-Nevis, St. Vincent and the Grenadines, and Trinidad and Tobago.In the Commonwealth Caribbean ...view middle of the document...

In the Constitution of Belize the requirements with respect to the selection of justices of the Supreme Court are in some respects similar to those of Guyana and Trinidad & Tobago. The Chief Justice is appointed by the Governor-General of Belize who, however, is mandatory to act in accordance with the suggestion of the Prime Minister given after consultation with the Leader of the Opposition. By contrast with the corresponding provisions of the constitutions of Trinidad & Tobago and Jamaica, under which the Presidents make the appointment after consultation, the Belize prerequisite appears, at least in theory, to give the Prime Minister of that country a better say in the selection of a Chief Justice.Grenada was the first Associated State to become independent but before their independence in 1974, they participated in a court system called, 'West Indies Associated States Supreme Court Order' although after their independence the court continued to have effect as part law in Grenada; and the Supreme Court established by this order was for the purpose of their Constitution. The arrangement whereby an independent country participates in a courts system on equal terms with non-independent territories appears to be somewhat odd and even more strange is with respect of appointing a judge to the court:-The Chief Justice shall be appointed by Her Majesty by Letters Patent and Justices of Appeal and the Puisne Judges shall be appointed on behalf of Her Majesty by the Judicial and Legal Services Commission.The remaining judges of the Court are to be appointed by an self-governing commission completed up of the President of the Court as chairperson and a number of other individuals, such as the Secretary General of CARICOM (Caribbean Community), an representative of the University of the West Indies, appointees of the Caribbean Bar Association and such like. . It is so to keep out interferences from potential litigants and Government.With respect to the judiciary, since 1957 a large number of Commonwealth countries have adopted a regime for the Legal Sub-committee of the Standing Federation Committee of which Albert Fiadjoe was in, set up to finalise the draft of a constitution for the Federal Government of the West Indies. Security of the tenure ship of a judge is of great importance as an objective condition of independence. A judge, whose selection may be determined at the urge of someone else, worse a member of the executive, could not be said to be sheltered by any objective condition of independence. The most robust and courageous judges can not help being affected, even without knowing it, that is, subconsciously, by the fact that they know a decision they make could affect the powers-that-be would lead to his/her occupation being lost.Hence why Caribbean Constitutions go out of their way to supply for the termination of judges on the grounds of misconduct or failure to execute the functions of the office, and institute cumbersome...

Other Essays On Does The Caribbean Have An Independent Judiciary?

An essay on why the pledge does or does not help students' education and the educational system. - Woodland Hills Academy / English - Essay

448 words - 2 pages Amaya, Clelia Period 1 5/22/2017 To Pledge or Not to Pledge Students in American public schools should not be required to recite the “Pledge of Allegiance” everyday. First of all, repeating the “Pledge of Allegiance” on a daily basis does not signify that the values within the pledge are true or genuine. Dale Kennedy, an eighth grade teacher at Thomas Law Reed School, argues that not reciting the “Pledge of Allegiance” each day can cause “… our

Identify the external forces that have an impact on the financial viability of healthcare providers - franklin university/ HCM300 - Essay

994 words - 4 pages people. Some people feel like there are people who have public health insurance that should not have been approved. Others feel like everyone should have free public health insurance. Since public health insurance comes from the tax payers pockets it is an issue that is wildly discussed by every social group. Buchbinder and Shanks (2017), “Over time, these public programs have been expanded to bring more eligible individuals into coverage, have

Australian National Identity - What does it mean to be an australian. the characteristics of an australian that came out of the 2002 bali bombings

405 words - 2 pages What does it mean to be an Australian?A major event in my lifetime was the Bali bombing where Australia was targeted in an act of terrorism. This event happened on October 12 2002, and at the time it was the first direct act of terrorism against Australians, we were targeted for the reason being that we had helped the United States of America in the pursuit of Osama bin laden in Iraq. This was exposed when an audio cassette was aired from Osama

What does Lenin mean when he says the state is an instrument of class rule - Newcastle, Politics - Essay

544 words - 3 pages What does Lenin mean when he says the state is an instrument of class rule. Unlike Bernstein who believes that the capitalist state will adapt and change, to protect the interests of the working class. Lenin disagrees with his suggestion that it would in theory be possible for the state to put measures in place for this to happen through socialist democratic reform. He thinks that it is the state itself which perpetuates the oppression of the

How does Homer portray the human propensity to succumb to temptations as an obstacle? - Yale Nus - Essay

1174 words - 5 pages How does Homer portray the human propensity to succumb to temptations as an obstacle?  ‘So headstrong —why? Why rile the beast again?’        ‘That rock he flung in the sea just now, hurling our ship      to shore once more —we thought we’d die on the spot!’        ‘If he’d caught a sound from one of us, just a moan,      he would have crushed our heads and ship timbers      with one heave of another flashing, jagged rock!’        ‘Good god, the

This is the final essay for the class. You have to write an essay over a specific word - English Composition II, Palm Beach Atlantic University - Final Essay

1735 words - 7 pages ​ ​have,​ ​often.​ ​Each​ ​man​ ​discusses​ ​how​ ​hard​ ​it​ ​is​ ​for​ ​people​ ​to​ ​be​ ​happy,​ ​and the​ ​effects​ ​that​ ​has​ ​on​ ​people​ ​in​ ​their​ ​lifetime.​ ​Each​ ​man​ ​spoke​ ​of​ ​suffering​ ​and​ ​why​ ​suffering happens,​ ​and​ ​ways​ ​to​ ​combat​ ​that.​ ​Each​ ​man​ ​made​ ​it​ ​very​ ​clear​ ​to​ ​the​ ​audience​ ​that​ ​oftentimes with​ ​great​ ​happiness​ ​comes​ ​great​ ​suffering,​ ​but​ ​the​ ​suffering​ ​does​ ​not

What are stakeholders? Why can they influence organisations? Do stakeholders always have the same amount of influence over an organisation? Why or why not?<Tab/>

427 words - 2 pages great influence on organisations.Stakeholders do always have the same amount of influence over an organisation and the organisation has to take into account when formulating its strategies. It is because stakeholders have a great influence in the organisation. They can simply just withdraw their support from the organisation. Stockholders may sells their shares, employees leave their job and customers but elsewhere. Besides that, suppliers are

Who Said You Can't Have It Both Ways?: The Double Standards Of Promisquity Analyze An Advertisement Using Feminist Theories About Sex, Race, And Class

986 words - 4 pages the same time. The caption can also be interpreted as "who said you can't have sex with a black women and a white woman at the same time? They're both women and therefore, they are both here for my pleasure as a man". The ad promotes safe sex, which is a positive thing, but also promotes promiscuous sex. The caption "...you can play it safe and have a great time doing it", suggests that sex is just an activity for men to do with no emotional

Book: Guadalupe, Mother Of The New Creation By Virgil Elizando - Answering The Question: How Does Elizando Present The Guadalupe Apparaiton As An Example Of "Conversion Within One's Own Tradition"?

1595 words - 7 pages "There is no doubt that everyone is called to repent and convert, but, practically speaking, conversion means totally different things to different people, depending on where they are within socio-cultural structures" (Elizando 2002: 81). In his book, Guadalupe: Mother of the New Creation, Virgil Elizando explores and illustrates the truth in the above statement, and how this change of heart, called conversion, is actually brought about. He does

An Essay On The Speech Of Martin Luther King, "I Have A Dream" And "The Ballot Or The Bullet" By Malcolm X. The Differences And Similiraties Of These Two Speeches

1734 words - 7 pages 1960's. One was a great peaceful man who spoke to all humanity, marched peacefully around, and wanted the blacks to achieve full equality with whites. His popular speech goes like this: "I have a dream, a dream that one day this nation will rise up and live out the true meaning of its creed... that all men are created equal." (Martin Luther King). The other man was Malcolm X, who spoke of a violent revolution, which would bring about essential

African slavery in the Caribbean - History - Assignment

1108 words - 5 pages themselves, knowing without slavery their high income would slowly drop. Whereas, the Abolitionists were selfless and would have done anything to stop the horrible acts of slavery. Bibliography Baptist, E. (2015). The Bittersweet Victory at Saint-Domingue. Retrieved from Slate Magazine: https://slate.com/human-interest/2015/08/the-most-successful-slave-rebellion-in-history-created-an-independent-haiti-and-secured-the-louisiana-purchase-and-the

Similar Papers

In 'tissue' How Does Louise Page Present The Political Elements And What Impact Do They Have On The Audience

1163 words - 5 pages Victorian period and this issue wouldn't have been so horrific if it was a male.Many of the scenes are resorting back to Sally's childhood and refer to how the female body is viewed from an early age. It demonstrates the pressures under girls to look right and lengths young girls will go through to fit this perfect image. Scene twelve shows two girls chanting over and over again "I must, I must, I must increase my bust" and talking about how

Does Organizational Management Theory Have The Answer To Managing Service Organizations And The People That Work There?

3440 words - 14 pages use theory that seems to be the nearest one applicable to certain situation in order to come up with an expected outcome. It is indispensable that we can not the same philosophical model to explain our modern society (Weyme 2004). Thus, theories have evolved from time to time in order toTheories can really help managers in learning to generalize from a certain specific experience and eventually apply it for future purposes that would regard the

Does Shakespeare Allow You To Have Sympathy For Shylock In The Play Of A Merchant From Venice? English Essay

879 words - 4 pages The Merchant of Venice – Exam Essay Act 4 Scene 1: Does Shakespeare make it possible for you to have any sympathy for Shylock at this moment in the play? The audience’s sympathy for the character of Shylock is likely to fluctuate during the course of the play. Whilst a modern audience would be shocked by the anti-Semitism evident throughout the play, Shylock’s stubborn pursuit of his “bond” can make him an unsympathetic character. Comment by St

"Suburban" And "Walking The Dog" Have Titles That Don't Give An Accurate Description Of The Poem

711 words - 3 pages The Commonalities of Crap.The Poems "Suburban" and "Walking the Dog" both have titles that don't quite give an accurate depiction of the poems subject. Which is an unexpected humor that involves dog shit and the dog owners involvement in it. The poems have many commonalities between them because of their similar topic, as well as the similarities in their common owners.At the beginning of both poems the reader realizes the setting is within a