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Bringing Justice Home

The Road to Final Appellate and Regional Court Establishment

image of Bringing Justice Home
Until recent times many smaller Commonwealth jurisdictions have turned to the Judicial Committee of the Privy Council in London as their final court of appeal. Now more and more countries have amended their constitutional arrangements to bring the final court of appeal closer to home.



Cheryl Thompson-Barrow charts the experience of a number of countries and looks at the different ways in which alternative appeals processes have been set up, comparing the approach taken by countries like Australia and New Zealand with that taken in parts of the Caribbean. She makes recommendations for future good practice in the establishment and administration of final courts of appeal, based on discussions by Commonwealth law ministers and senior officials over the period 2003 to 2007.

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Introduction

The examination that this book seeks to undertake relates to the manner in which the judicial evolution throughout various parts of the Commonwealth has been occurring over time. It will investigate the concomitant political independence of former British colonies and, in particular, the imperatives that were given expression through the establishment of a final appellate court on their own soil. Further, along with independence, there emerged the awareness of these states to look beyond colonial associations as component entities of regions – regions that often have the legacies of not just the British, but other colonial imperialists as well. Global trends had added to the dictates of seeking regional integration to enable countries to, at the very least, exert more leverage and, at the extreme, survive. This regionalism has heralded the formation of regional court establishment, yet another expression – and a more advanced one – of political and judicial independence.

English

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