Beyond the Privy Council: A Constitutional Scholar’s Case for Caribbean Judicial Sovereignty
As the Caribbean Court of Justice (CCJ) marked its 20th anniversary, one of the region’s foremost legal scholars presented a compelling case for why Caribbean nations should move away from the UK’s Judicial Committee of the Privy Council and fully embrace the CCJ as their final court of appeal.
Delivering the Norman Manley Distinguished Lecture by the Norman Manley Law School, Professor Tracy Robinson argued that the region’s continued reliance on the Privy Council weakens Caribbean self-determination and ignores the maturity of its own legal institutions.
She described the belief that regional courts lack the impartiality or credibility of their British counterparts as rooted in colonial-era thinking, stating that it reflects a lingering hesitation to fully trust Caribbean institutions.
She quoted CCJ President Justice Adrian Saunders, who described the architecture supporting the CCJ’s independence as “second to none” and dismissed repeated claims that it is more vulnerable to political pressure than the Privy Council.
Referencing a recent judicial conference in Malta, Saunders , she said, felt compelled to respond when a senior Privy Council judge repeated the assertion that the UK body is immune to political interference.
Saunders criticised what he described as a persistent and baseless narrative that undermines Caribbean judicial integrity, particularly when similar concerns are never raised about other small jurisdictions such as Malta or New Zealand.
Robinson emphasised that the CCJ is not only a symbol of regional autonomy, but an institution with a growing body of decisions that affirm its role in safeguarding democracy and the rule of law.
She pointed to high-profile interventions in electoral and constitutional disputes—such as the 2020 Guyana elections—as examples of how the court has upheld democratic principles under pressure.
While only five CARICOM member states have adopted the CCJ as their final court of appeal, others have faced setbacks due to failed referenda and constitutional constraints. Saunders noted that efforts in countries like Grenada and Antigua and Barbuda were blocked not by public disapproval, but by unusually high thresholds for constitutional change.
Robinson described the CCJ as a “formed institution ”—no longer a theoretical ideal, but a proven and functioning regional court.
She again referenced Saunders who urged Caribbean people to move beyond what Barbadian writer George Lamming once called “the terror of the mind”—the inherited doubt in our own capacities—and to stop repeating what he called a “self-mutilating mantra” that Caribbean courts are less capable.
For the audience of law students, legal professionals, and policymakers, the message was clear: full judicial sovereignty is not only possible, but necessary if the region is to move forward with confidence.
Editor’s Note: A previous version of this article gave the impression that Justice Adrian Saunders spoke at the Norman Manley Distinguished Lecture. The article has been corrected to reflect that his remarks were cited by Professor Tracy Robinson during her lecture.
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Nobody ever said the Judges on the Court are not capable, there is just the belief that some can be influenced by certain political leaders, whether you all like it or not it’s a genuine concern and will always be. I for one do not fully trust them, people think when a match is being played it should be adjudicated by someone who doesn’t have a stake in the outcome
The entire lecture was a insult to The Eastern Caribbean people.
First starting with the statement of the CCJ President Justice Adrian Saunders, who described the architecture supporting the CCJ’s independence as “second to none”. That is not a fact, but an insult.
I’d want to ask Justice Saunders has he surveyed the public as to why they choose the Privy Council’s costly appeal which most Caribbean citizens can not afford. What are the mechanics and mechanisms that exist in the judicial system for justice to be served when judges chooses Court processes and or make decisions that are favored to influential parties?
Is there an Inspector General or equivalent that investigates and uphold the integrity of the Court?
I’d say to Justice Saunders that he is chief if a deeply fraud system. Until he and the lecturer and others upgrade the courts and bring integrity to judicial proceeding, rather than insulting the public then the people if the Caribbean will keep the Privy Council as costly as it is.
Tracy Robinson chooses to insult the Caribbean people with the contents of this lecture in do many ways it’s unbelievable. All of her arguments are simplistic as well as insulting.
First it’s BS to think that not approving the CCJ as the final court weakens Caribbean self-determination and ignores the maturity of its own legal institutions.
Malta and New Zealand took such a step because their people were not afraid that their lower abd appeal courts are corrupt.
It is the act of not approving a currupt judicial system is the mark of maturity, not immaturity
There are some many things that was wrong with that lecture. But I’ll conclude with: To the lecturer, Professor Tracy Robinson and Mr. Saunders, the head of the Court.
When those who practice Lawfare are restrained, or there is a system of fairness and balance in public discourse, then it will be one small step towards accepting the CCJ
We cyaan talk bout true independence and still holding on to UK courts. I believe its time to stand on our own.
The CCJ is ours. Let’s support it and build trust in our own systems.
Only if the CCJ stays truly independent. We cyaan trade British bias for political bias here.
Question: What safeguards are in place to make sure rulings remain fair and not influenced?
I hope when the occasion arises again for us to choose between the Privy Council and the CCJ we will eventually choose the CCJ. It is long overdue. Time to complete the circle of our sovereignty and sever ties with the Privy Council. It has served well but has outlived its relevance and necessity.
I say, get rid of the bastard’s privy court; in order to attain self introspection and Innovation: The looking back and not seeing anything–is of a blurred subjunctive reverie. It is a relic of a pastime forgone with contempt and benefits the challenge to relinquish the yoke that cries for redemption from the deeds done by mankind with
gunpowder, dogs, whipp.and chains. Still shackled! And clinging to the one inglorious spot steep in mental delay; slumbering to awaken and answer freedom’s calll to earn what we produce from ravage of the Colonial mantra. One Caribbean Nation Can’t Be Too Wrong With CCJ. Without Delay..
It doesn’t matter where justice is coming from, it only matters that true justice is served and impartial to all that ho before the courts, simple.
The privy council has being a credible jurisdiction from the time of its inception, it has nothing to do with competency.
If any body pick CCJ over Privy Council in this era, you would be an incompeyent fool. Privy Council has numerous watchdogs, court Ombudsman, inspector general and internationally monitored. Nobody in the world monitors or hear anything about CCJ. This is why CCJ rulings are all over the place and these folks here are saying these incompetent things.
Privy Council is a lot more independent, impartial, and are not likely to be corrupt in Caribbean matters as CCJ is.
Do not let people tell you that because you can own a car or house that you are a big man or ready at this moment for that car or house. Wait until you are ready. Wait until your gut tells you it is time. You need to feel it.
Do not let politicians manipulate you into thinking politicians are ready to select judges in which politicans can influence, bribe, and manipulate. You do not trust politicians, why on earth trust them to pick other leaders and systems?
Just like Cutie Benjamin hired a DPP and chooses not to name the individual. It’s reflection of the lack of respect as well as the weak institutional framework which enables him to do do.
@ My way of Helping write with which I agree
No watchdogs, No court Ombudsman, No Inspector General and not internationally monitored court
My message to this Constitutional Scholar And. Robinson
This was far from a compelling case, it was a high octane insult to Caribbean people.
Did it ever occur to the Tracy Robinson and those around her that so long as the institution with which she is affiliated is called UWI it’s a colonial name that is being held in too.
The people of the Caribbean has shed the West Indies bane and monikers. It is it’s institutions who are needed to the colonial mentality.
Saunders noted that efforts in countries like Grenada and Antigua and Barbuda were blocked not by public disapproval, but by unusually high thresholds for constitutional change.
What world is he living in? Antiguans and Barbudabs disapproved.
It this a reflection of the lack of integrity within the Eastern Caribbean Court system why these statements are being made that had no bearing with reality.
Where is the evidence?
What survey or data support the statements and references being made by Ms. Robinson and Mr. Saunders?
My guess: there are none. If there are then present the .
We no want um …. CCJ is a currupt judicial system. When will the lawyers who stand to benefit understand that fact.
How about reforming the courts first, and stop insulting those who have no faith in the CCJ with good reasons
Leave the Privy council for the rich caribbean Islands, whose citizens can afford to pay high legal fees and travel to merry old England to hear the law lords of the Privy council pontificate. With all our fancy language too many of us are still chained in mental slavery. Very few caribbean citizens can access the Privy council as the cost is prohibitive. Hats off to the countries that have embraced the CCJ as their final court
@Tabor, at el
She says “the maturity of its own legal institutions”. That’s being both disingenuous and ignorant of the fact the CCJ does not have the oversight and reporting mechanisms that gives the public the confidence to support such a program.
What maturity is she referring when the public want swift and equitable justice and they The Public are of the opinion the CCJ is the converse.
Robinson is insulting when suggesting we are tied to a Colonial group think. It’s simply that we the Antigua and Barbuda public is confident in getting our due at the Privy Council.
We experience lower courts that are horrendous. The Courts managers responsible for integrity and efficiency are asleep.
This lecture is so bad; that I’m ready to paint my face, tie a band around my head, and crawl through the mud to try to save our ability to show independent from the CCJ
I’d rather to travel to across the Atlantic and incurr the cost to get justice rather than be subjected to a dishonest court system of who you know in order to get justice.
This level of dishonesty exists at the head of the CCJ when President Justice Adrian Saunders, who described the architecture supporting the CCJ’s independence as “second to none” and dismissed repeated claims that it is more vulnerable to political pressure than the Privy Council.
How can we vote for the CCJ as the final court of justice as an institution when even the head of such institution makes a dishonest case for adopting the institution