Subscribe Login
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
Jamaica Observer
ePaper
The Edge 105 FM Radio Fyah 105 FM
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
    • Home
    • News
      • Latest News
      • Cartoon
      • International News
      • Central
      • North & East
      • Western
      • Environment
      • Health
      • #
    • Business
      • Social Love
    • Sports
      • Football
      • Basketball
      • Cricket
      • Horse Racing
      • World Champs
      • Commonwealth Games
      • FIFA World Cup 2022
      • Olympics
      • #
    • Entertainment
      • Music
      • Movies
      • Art & Culture
      • Bookends
      • #
    • Lifestyle
      • Page2
      • Food
      • Tuesday Style
      • Food Awards
      • JOL Takes Style Out
      • Design Week JA
      • Black Friday
      • #
    • All Woman
      • Home
      • Relationships
      • Features
      • Fashion
      • Fitness
      • Rights
      • Parenting
      • Advice
      • #
    • Obituaries
    • Classifieds
      • Employment
      • Property
      • Motor Vehicles
      • Place an Ad
      • Obituaries
    • More
      • Games
      • Elections
      • Jobs & Careers
      • Study Centre
      • Jnr Study Centre
      • Letters
      • Columns
      • Advertorial
      • Editorial
      • Supplements
      • Webinars
  • Home
  • News
    • International News
  • Latest
  • Business
  • Cartoon
  • Games
  • Food Awards
  • Health
  • Entertainment
    • Bookends
  • Regional
  • Sports
    • Sports
    • World Cup
    • World Champs
    • Olympics
  • All Woman
  • Career & Education
  • Environment
  • Webinars
  • More
    • Football
    • Elections
    • Letters
    • Advertorial
    • Columns
    • Editorial
    • Supplements
  • Epaper
  • Classifieds
  • Design Week
Privy Council vs CCJ
MALAHOO FORTE... we are going to have to talk about the final court because views are deeply divided on it right now (Photo: Philp Lemonte)
News, Regional, Western
Horace Hines | Observer Writer  
April 28, 2023

Privy Council vs CCJ

MONTEGO BAY, St James – As strides on the journey towards a republic gain momentum, Minister of Legal and Constitutional Affairs Marlene Malahoo Forte says the decision on whether to sever ties with the Privy Council as the final court of appeal will have to be taken shortly after replacement of the British monarch.

“There seems to be consensus on abolishing the monarchy, those who have had their say. But we don’t really have a consensus yet [and] there is no getting around making a decision which court should be the final court. Many are saying CCJ, the Caribbean Court of Justice. The Opposition’s position is clear and strong and the others are saying consider a final court. When that matter comes up we are going to have to weigh the arguments because there won’t be any putting off of it. It’s just that if we don’t get this [severing ties with the monarchy] done, we cannot get to it,” Malahoo Forte told the audience in attendance at the first Road to Republic Town Hall meeting which was held at the Montego Bay Civic Centre in the historic Sam Sharpe Square in St James on Wednesday evening.

She noted that “we are going to have to talk about the final court because views are deeply divided on it right now”.

She emphasised, however, that the focus now is to first hurdle the stumbling blocks associated with changing of the constitution, which requires a referendum, such as the abolition of the monarchy.

HYLTON.. access to justice, we contend, must be one of the values to this whole constitution process (Photo: Philp Lemonte)

“The final court is not really open to consideration right now but the process to change the court is not a process that requires a referendum. And my good friend, Anthony [Hylton] here has reminded at every opportunity that we can’t do this work without considering what the final court is,” Malahoo Forte stated.

For his part, Constitutional Reform Committee [CRC] member Anthony Hylton contended that “for people to practically consider this issue, I think more information is to be put out into the public”.

“So consider this as part of that process and the reason why the Opposition feels very strongly about it,” Hylton stated.

He added that the financial cost to the Privy Council in Britain is very prohibitive.

“The truth also is that in the current situation we heard of a businessman today. His perspective is that the cost of litigating, of getting a decision from the Privy Council, was prohibitive. Not only that the length of time that it takes [but] he recognises that for commercial matters this is a problem as well,” Hylton, an attorney-at-law, said.

Hylton further underscored the financial and other constraints to access to justice in the Privy Council.

“I want to suggest that where you have these kinds of issues and concerns what actually happens in the law. Those of us who are in the law or practise know that what you get are compromises very often, because the decisions are so difficult, so expensive, that instead of vindicating your rights in contract or in law, you tend to then compromise cases. That’s not the best way to develop the law in the jurisprudence. That’s not the best way. So access to justice, we contend, must be one of the values to this whole constitution process; access to justice,” said the Opposition party representative on the CRC.

Malahoo Forte conceded that there are financial and visa issues to access the Privy Council, which “have to be taken seriously”.

“But here’s the problem: The court is in London, it says it will come to Jamaica to sit; it hasn’t come. But we need a visa to go to England and there are issues around the cost and the process to justice. Those are issues that we will have to take seriously. So because that is not a matter that is going to require referendum, that’s the next phase of the reform, right after we abolish the monarchy,” she argued.

{"website":"website"}{"jamaica-observer":"Jamaica Observer"}
img img
0 Comments · Make a comment

ALSO ON JAMAICA OBSERVER

Swiss train derails, injuring five
International News, Latest News
Swiss train derails, injuring five
February 16, 2026
GOPPENSTEIN, Switzerland (AFP)—A regional train derailed early on Monday in southern Switzerland, police said, injuring five people with more than two...
{"jamaica-observer":"Jamaica Observer"}
Montego Bay edge Cavalier, Mt Pleasant hammer Dunbeholden
Latest News, Sports
Montego Bay edge Cavalier, Mt Pleasant hammer Dunbeholden
February 16, 2026
Montego Bay United maintained their seven-point lead in the Jamaica Premier League after holding off defending champions Cavalier 1-0 while former cha...
{"jamaica-observer":"Jamaica Observer"}
Jamaica’s Likkle More Chocolate cops five international awards
Latest News, Lifestyle
Jamaica’s Likkle More Chocolate cops five international awards
February 15, 2026
Jamaica's Likkle More Chocolate , crafted by award-winning fine pastry chef and artisan chocolatier Nadine Burie, is a big winner in the UK-based Acad...
{"jamaica-observer":"Jamaica Observer"}
A night of British reggae
Entertainment, Latest News
A night of British reggae
February 15, 2026
Amid the racial turmoil in Britain's West Indian communities during the late 1970s, a mellow sound called lovers' rock emerged in that country. It exp...
{"jamaica-observer":"Jamaica Observer"}
SIGMA Run exceeds $150m target for western Jamaica beneficiaries,
Latest News, News
SIGMA Run exceeds $150m target for western Jamaica beneficiaries,
February 15, 2026
KINGSTON, Jamaica — The 2026 staging of the Sagicor SIGMA Corporate Run raised more than J$152 million, exceeding its ambitious J$150 million target f...
{"jamaica-observer":"Jamaica Observer"}
Quadruple chasing Arsenal rout Wigan to reach FA Cup fifth round
Latest News, Sports
Quadruple chasing Arsenal rout Wigan to reach FA Cup fifth round
February 15, 2026
LONDON, United Kingdom (AFP) —  Arsenal powered into the FA Cup fifth round for the first time in six years as the quadruple chasers crushed Wigan 4-0...
{"jamaica-observer":"Jamaica Observer"}
Former state ward appeals for funding to support law school dreams
Latest News, News
Former state ward appeals for funding to support law school dreams
February 15, 2026
KINGSTON, Jamaica — A high-achieving former ward of the state is appealing for public assistance to continue her journey to become an attorney. Vaness...
{"jamaica-observer":"Jamaica Observer"}
Shell apartments an answer to Jamaica’s housing affordability crisis?
Business, Latest News
Shell apartments an answer to Jamaica’s housing affordability crisis?
JULIAN RICHARDSON, Online content manager, richardsonj@jamaicaobserver.com 
February 15, 2026
Are shell apartments an answer to the affordability crisis in Jamaica’s housing market? Kingston-based real estate firm Spark FDI (name being changed ...
{"jamaica-observer":"Jamaica Observer"}
❮ ❯

Polls

HOUSE RULES

  1. We welcome reader comments on the top stories of the day. Some comments may be republished on the website or in the newspaper; email addresses will not be published.
  2. Please understand that comments are moderated and it is not always possible to publish all that have been submitted. We will, however, try to publish comments that are representative of all received.
  3. We ask that comments are civil and free of libellous or hateful material. Also please stick to the topic under discussion.
  4. Please do not write in block capitals since this makes your comment hard to read.
  5. Please don't use the comments to advertise. However, our advertising department can be more than accommodating if emailed: advertising@jamaicaobserver.com.
  6. If readers wish to report offensive comments, suggest a correction or share a story then please email: community@jamaicaobserver.com.
  7. Lastly, read our Terms and Conditions and Privacy Policy

Recent Posts

Archives

Facebook
Twitter
Instagram
Tweets

Polls

Recent Posts

Archives

Logo Jamaica Observer
Breaking news from the premier Jamaican newspaper, the Jamaica Observer. Follow Jamaican news online for free and stay informed on what's happening in the Caribbean
Featured Tags
  • Editorial
  • Columns
  • Health
  • Auto
  • Business
  • Letters
  • Page2
  • Football
Categories
  • Business
  • Politics
  • Entertainment
  • Page2
  • Business
  • Politics
  • Entertainment
  • Page2
Ads
img
Jamaica Observer, © All Rights Reserved
  • Home
  • Contact Us
  • RSS Feeds
  • Feedback
  • Privacy Policy
  • Editorial Code of Conduct