The debate over whether to replace the Privy Council with the Caribbean Court of Justice (CCJ) as the highest court of appeal for Caribbean countries is a complex and contentious issue.

While some argue that the CCJ would better represent the interests of the region and promote a sense of Caribbean identity, others believe the Privy Council’s long-standing tradition of independence and expertise in interpreting Caribbean law makes it the better choice.

Calling for a national referendum to decide this issue is a democratic approach that would allow the people of the Caribbean to have a direct say in the matter. However, there are several factors that should be considered before such a referendum is held.

Firstly, it is important to ensure that people have access to accurate and unbiased information about both the Privy Council and CCJ. This would require a comprehensive education campaign to inform the public about the implications of the decision and potential impacts on the legal system.

Secondly, the referendum should be conducted in a fair and transparent manner to ensure the outcome accurately reflects the will of the people. This would require appropriate oversight and monitoring to prevent manipulation or interference.

Finally, it is important to consider the practical implications of the decision. Switching to the CCJ would require significant changes to the legal system and could have wide-ranging effects on the Judiciary, legal profession and overall legal landscape of the Caribbean.

While a national referendum is a democratic way to decide on replacing the Privy Council, it is important to approach it carefully and consider all relevant factors to ensure the outcome is in the best interest of the Caribbean people.

Gordon Laughlin Westmoorings