THE EDITOR, Sir:
I am appalled by the absurdity of the assertion made by Senator A.J. Nicholson, QC Minister of Justice and Attorney-General that the decision by Tony Blair's Administration to disband the office of Lord High Chancellor and replace it with the Department for Constitutional Affairs (DCA) serves as 'a wake-up call' for the expedition of outstanding procedures to establish the Caribbean Court of Justice (CCJ). What the Honourable Minister is attempting to do is to link the changes being implemented at the moment with the changes being promulgated by the PNP Administration.
I must say that this is one of the times that I am in agreement with the Leader of the Opposition. There is no correlation with what just happened in Britain and the current proposals that exist in the Caribbean, particularly Jamaica. What has happened in Britain is that the Government has put the current relationship between the Executive, Legislature and Judiciary on a modern footing. As I am sure, the learned Attorney-General is aware of the principle of Separation of Powers as espoused by the French Jurist Montesquieu and later built upon by the English Professor AV Dicey, and of the anomaly that exists with the former office of the Lord High Chancellor and this principle.
The Lord High Chancellor was a member of the Cabinet, Speaker of the House of Lords (the Upper Chamber) and is entitled to sit and has sat on the Judicial Committee of the House (court referred to as the House of Lords which incidentally also sits when it hears appeals from the Commonwealth as the Judicial Committee of the Privy Council). The former Lord Chancellor was a government Minister, a judge and a lawmaker. The UK was the last country which has such an anomaly.
The creation of a new Supreme Court to replace the existing system of Law Lords operating as a committee of the House of Lords is a modern step and is in line with current trends that exist elsewhere in the world. The Supreme Court, it has been said, will be modelled off that of the Americans.
The move by Tony Blair's Administration is not in line with the present thinking in Jamaica. Unless it's in the field of constitutional reform. What has happened is clarification has taken place. The change is welcomed by both the English and Welsh Bar and by constitutional enthusiasts alike. If this move serves to spur on the movement for change, then let that be said. The impression that is given is that the Judicial Committee of the Privy Council has been affected and it hasn't. Both administrations are trying to achieve differing objectives. The only link is "constitutional change".
If what the minister meant was that we should be inspired by Britain moving forward then I am in agreement. Change is good and healthy. The Minster ought to be clearer and as his words are open to interpretation by all. The changes that have just taken place has in no way impacted upon the present functions of the various committees. Namely the House of Lords as a Court nor the Judicial Committee of the Privy Council.
I am, etc.,
LEO MORRIS
leotaylor1@hotmail.com
London
Via Go-Jamaica
