Dominica amends Constitution for CCJ

 On Tuesday 1st July 2014 Dominica’s   Parliament passed a Bill to amend the Constitution of Dominica  to facilitate the establishment of the CCJ as the  country’s final court of Appeal .

  Section 106 of the Constitution  – Of  particular importance is the repeal and replacement of  section 106 of the Constitution to provide  the circumstances in which an Appeal lies to the CCJ of right and with the leave of the Court of Appeal.

Appeals will lie as of right in

•  civil proceedings where the matter in dispute or the claim or question respecting a property right is of the prescribed value;
•  proceedings for dissolution or nullity of marriage
•  decisions relating to the interpretation of the Constitution;
• final decisions of the High Court relating to redress for contravention of the provisions of the Constitution;
• final decisions relating to the determination of the right of access to the High Court where this is expressly provided for by the Constitution
• such other cases as may be prescribed by Parliament.

 Proponents of the  CCJ  argue until the Caribbean has its own Appellate Court the region  cannot be truly independent. Another  argument in favour of the CCJ is the prohibitive cost of appealing to the Privy Council.

 Law, like language,is always evolving and it must do so against the common back ground & experiences of   those to whom it applies. As such it was inevitable that  the CCJ would prevail.