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.



Regional Court Establishment

The association of the practice of law across international borders with that of traditional international tribunals such as the International Court of Justice (ICJ) is now undergoing change with the emergence of regional courts. This is as a result of the thrust of globalisation, which has changed not only the financial landscape of the planet, but has increasingly modified the legal parameters of the traditional forms of justice at the international level and access thereto. At the regional level, the challenges are indeed assuming an energy of their own, and in some respects are in the process of developing regional jurisprudence as a hybrid form of international law within the general body of international law itself.


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