Is There Legal Recourse Following the Adoption of the CCJ?
The question as to whether or not Grenada or any other country has legal recourse after the adoption of the Caribbean Court of Justice (CCJ) as the final appellate court, is hanging over the heads of some concerned citizens.
The Barnacle spoke to Attorney at Law, Jerry Edwin, who shares the above sentiments. “If Grenada adopts the Court and the Heads of Government decide to change something about the constitution or the administration of justice in that court, do we have legal recourse to say we don’t want to be part of this anymore?”
Edwin proceeded to say that in the CCJ’s founding document, the Heads of Government have the right to change aspects of the Court without coming back to the countries that have adopted it. So, what would happen if something changes later on down the road? This, he said, needs to be fully disclosed and brought forth to the public domain. “This campaign to adopt the highest court and the lack of full disclosure of the campaigners, is of a farcical nature.” The thought that the Heads of Government can make changes to the internal operations of the Court and not be held accountable by citizens who have voted for the adoption of the Court, is something that should be of grave concern to voters. One is left to wonder if there is any ground for new constitutional redress if something about the internal operations of the Court changes.
Although Mr. Edwin admitted that he is in support of the CCJ, he is disturbed about the obvious lack of full disclosure provided by those who are pushing the ‘yes agenda’.
Another issue raised is that of the countries who have used the Court and those who have adopted it. According to Mr. Edwin, Barbados, Dominica, Guyana and Belize did not have to have a constitutional referendum to adopt the CCJ. However, Grenada and Antigua & Barbuda must have a constitutional referendum in order for the CCJ to be adopted. These two countries, notably, are scheduled to have their citizens cast their votes on the same day, 6th November 2018.
Edwin went on to note that Jamaica, which is one of the countries that has used the Court, has not passed any law, and neither has Trinidad. This in itself, should speak volumes to voters. Additionally, he believes that this is the perfect opportunity for Grenadians to voice their concerns about the operations and implications of the Court.
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