Gov't renews push for CCJ as appellate court
January 20, 2007
The Government is planning to introduce legislation this calendar year, removing Jamaica from the jurisdiction of the United Kingdom-based Privy Council and subscribing to the appellate jurisdiction of the Caribbean Court of Justice (CCJ).
News of this came yesterday from Attorney-General A.J. Nicholson during an address to the Senate.
But, immediately upon hearing this announcement, the Opposition signalled its intention to resist the path being chosen by the Government towards achieving its long-cherished goal.
Senator Nicholson announced that two bills would be tabled: one to amend Section 110 of the Constitution so as to establish the appellate jurisdiction of the CCJ as part of the Jamaican Constitution; the other to amend Section 40 of the Constitution so as to include the new Section 110 in the list of ordinarily entrenched sections.
This renewed attempt follows a ruling by the Privy Council three years ago that the approach adopted by the Jamaican government to establish the CCJ as its final appellate court was unconstitutional.
In announcing the Govern-ment's plan in the Senate yesterday, Mr. Nicholson said after the bills were approved by Parliament, the provisions in these two pieces of legislation will be put to the people for their support in a referendum.
But Opposition member, Dorothy Lightbourne, expressed strong reservations about the path outlined by the Attorney-General.
She asserted that the Opposition wanted members of the electorate to be asked first, in an indicative referendum, whether they want these constitutional changes to be implemented.
"What you have proposed to us is that the Opposition go along with you to pass these pieces of legislation and then, having done so, we put to the people a fait accompli. The Opposition does not agree with that," she stated.
Majority support
Only if the majority of the people support the initiative would the Opposition give its own support to the proposed legislation, she noted....
Author: Earl Moxam
Source: Jamaica Gleaner
