The Caribbean Court of Justice and the Legal Profession: Promoting a Caribbean Jurisprudence*

Abstract

The author submits that the main purpose in the establishment of the Caribbean Court of Justice (CCJ) is to promote the development of a Caribbean jurisprudence, based on the Commonwealth Caribbean's common historic, political, economic and cultural experiences and mutual history. * This is an adaptation of an address given to the Eastern Caribbean Bar Association on 21 September 2007, in Grenada. ** Justice Adrian Saunders is a Judge of the newly established Caribbean Court of Justice. He is a graduate of the University of the West Indies and the Hugh Wooding Law School in Trinidad. He was called to the bar in St. Vincent and the Grenadines in 1977 and practiced in that country as a Barrister and solicitor. He was the senior partner in the firm of Saunders & Huggins when, in 1996 he was appointed a Judge of the Eastern Caribbean Supreme Court (ECSC). The article examines the role of final appellate courts, noting that judges of such courts must often choose between alternatives which are perfectly capable of being defended as rational, reasonable and consistent with ‘the law’. Factors such as life experiences, socialisation, and backgrounds all play a role in determining the choices that are ultimately made. This is why, the author underscores that ‘it is so important to have a diverse Bench, to have Judges from different backgrounds’. For judges to come close to steering the right course they must have an understanding of the society that gives rise to the legal disputes. They must be grounded in that society. In this respect, the author argues, it is remarkable that the evolution of certain landmark judgments relating to human rights, particularly capital punishment, have been rendered by British judges, sitting and residing in England. The article, which draws on a wealth of jurisprudence, proceeds to examine the original jurisdiction of the CCJ and the role of the Bar in defending the integrity of the Court and the justice system as well as in enhancing the quality of judgments. Finally, it emphasises the need to promote Caribbean jurisprudence and access to local judgments. In this regard, it is lamented that many truly outstanding judgments of Caribbean judges do not receive the recognition they should because, if there is an appeal, they become almost automatically buried beneath the judgments of the higher court.