THE EDITOR, Sir:
There seems to be some misleading opinions floating in the air, that Parliament cannot abolish the Judicial Committee of the Privy Council as the final Court of Appeal.
In the Privy Council case from Canada, A.G. Ontario v A.G. Canada (1947) I All England Reports 137 at 145, the Privy Council states as follows:-
"The regulation of appeals is, to use the words of LORD SANKEY in the Coal Corpo-ration case (3), a "prime element in Canadian sovereignty," which would be impaired if, at the will of its citizens, recourse could be had to a tribunal in the constitution of which it had no voice."
There also seems to be some misleading opinions floating in the air that the Supreme Courts can breach the Constitution by ordering Parliament to suspend the debate of a Bill. The Courts cannot do this. All Bills must be debated. Section 55(1) of the Constitution states as follows:-
"Subject to the provisions of this Constitution and of the standing Orders of the House, any member of either House may introduce any Bill or propose any motion for debate in or may present any petition to that House, and the same SHALL BE DEBATED and disposed of according to the Standing Orders of that House."
There further seems to be some misleading opinions floating in the air that Parliament cannot establish a Court possessing the same powers as the Supreme Court unless such a Court is entrenched and or a prior referendum is held.
In the Privy Council case from Jamaica, Hinds v the Queen [1975] 13 Jam. L.R. 262, the Privy Council stated as follows:-
"Their Lordships accept that there is nothing in the Consti-tution to prohibit Parliament from establishing by an ORDINARY LAW a court under a new name...... to exercise part of the jurisdiction that was being exercised by members of the higher judiciary ........ at the time when the Constitution came into force....."
If any Jamaican jurist can refer to any authority whatever supporting those opinions floating in the air, then I will have to go back to Law School to re-read my Constitutional Law. But I doubt it.
To plagiarise the late Professor Hayek of the Hungarian Law School, "law is a fact, it is not what you wish it to be".
I am, etc.,
BERTRAN MACAULAY,
Q.C.
Kingston
