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Topic: Judicial Committee of the Privy Council


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In the News (Tue 24 Nov 09)

  
  Judicial Committee of the Privy Council - Wikipedia, the free encyclopedia
The Judicial Committee of the Privy Council is one of the highest courts in the United Kingdom.
The judicial system of the United Kingdom is unusual in having no single highest national court; the Judicial Committee is the highest court of appeal in some cases, while in most others the highest court of appeal is the House of Lords.
Privy Councillors who are or were judges of the Court of Appeal of England, the Inner House of the Court of Session in Scotland or the Court of Appeal in Northern Ireland
en.wikipedia.org /wiki/Judicial_Committee_of_the_Privy_Council   (1458 words)

  
 Privy council - Wikipedia, the free encyclopedia
A privy council is a body that advises the head of state of a nation, especially in a monarchy.
The Irish Privy Council was abolished in 1922, when the Irish Free State separated from the United Kingdom; it was succeeded by the Privy Council for Northern Ireland, which became dormant after the suspension of the Parliament of Northern Ireland in 1972.
Privy Council decisions are not binding on courts in England and Wales, but as the judges are usually the same judges who sit in the House of Lords, the decisions are considered highly persuasive.
en.wikipedia.org /wiki/Privy_Council   (363 words)

  
 Judicial Committee of the Privy Council   (Site not responding. Last check: 2007-10-21)
Judicial Committee of the Privy Council, a board of the British Privy Council which, until 1949, served as a court of final appeal for Canada.
In 1926 the Privy Council ruled that this limitation was invalid since the Canadian law on which it was based conflicted with the 1844 British statute expressly extending the Judicial Committee's jurisdiction to Canada.
In 1947 the Judicial Committee held that the Parliament of Canada was competent to abolish appeals in civil cases.
www.thecanadianencyclopedia.com /PrinterFriendly.cfm?ArticleId=A0004187   (421 words)

  
 Encyclopedia: Judicial Committee of the Privy Council   (Site not responding. Last check: 2007-10-21)
The Judicial Committee of the Privy Council and the Canadian Constitution - Studies on the Canadian Constitution and...
A significant study by G.P. Browne (The Judicial Committee and the British North America Act) sustained that the Court was consistent in interpreting the Act and that a careful analysis of sections 91 and 92 would indicate that they were given a proper judicial interpretation.
The Judicial Committee of the Privy Council is the court of final appeal for the UK overseas territories and Crown dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.
www.nationmaster.com /encyclopedia/Judicial-Committee-of-the-Privy-Council   (561 words)

  
 Politik di Brunei - Wikipedia
There are also three Councils appointed by the Sultan: a Religious Council, which advises on religious matters; a Privy Council, dealing with constitutional matters; and the Council of Succession that determines the succession to the throne should the need arise.
Final appeal can be made to the Judicial Committee of the Privy Council in London in civil but not criminal cases.
In 1970 the Council was changed to an appointed body by decree of the Sultan; an elected Legislative Council is being considered as part of constitutional reform, but elections are unlikely for several years.
ms.wikipedia.org /wiki/Politik_di_Brunei   (334 words)

  
 The Judicial Committee of the Privy Council
"The Judicial Committee of the Privy Council is the court of final appeal for those Commonwealth countries which have retained the appeal to Her Majesty in Council or, in the case of Republics, to the Judicial Committee.
The judicial jurisdiction of the Privy Council rests on the ancient prerogative of the Sovereign as the fountain of justice throughout Her dominions.
In the hundred years or so from 1833 to the end of the Second World War the Judicial Committeeís caseload was increasingly heavy, reflecting the size of the Crownís overseas possessions and dominions during that period and necessitating the Committeeís sitting in up to three divisions at a time.
www.peterjepson.com /law/privy_council.htm   (570 words)

  
 Constitutional Keywords – Judicial Committee of the Privy Council   (Site not responding. Last check: 2007-10-21)
From 1867 until 1949 the ‘Judicial Committee of the Privy Counsel’ (JCPC), a British institution, served as Canada's highest court of appeal.
Ottawa abolished appeals to the JCPC in 1949.
The JCPC's interpretation of the division of powers disappointed the champions of a centralized federation and delighted those who wanted the provinces to be Ottawa's equals.
www.law.ualberta.ca /ccskeywords/judicial_comte.html   (366 words)

  
 Department for Constitutional Affairs - Consultation Paper - A New Supreme Court for the United Kingdom
The Judicial Committee of the Privy Council, in addition to its overseas and ecclesiastical jurisdiction, considers questions as to whether the devolved administrations, the Scottish Parliament, the National Assembly for Wales and the Northern Ireland Assembly are acting within their legal powers.
The Judicial Committee of the Privy Council was established under the Judicial Committee Act of 1833.
Other Privy Counsellors who are or have been senior judges of courts within the United Kingdom are also members; this includes past and present members of the Courts of Appeal of England and Wales and Northern Ireland and of the Inner House of the Court of Session in Scotland.
www.dca.gov.uk /consult/supremecourt/index.htm   (11189 words)

  
 Judicial Committee of the Privy ...
The Judicial Committee sat in London and was composed of senior British judges.
Text from a 1927 decision by the Judicial Committee of the Privy Council that fortified the boundary between Labrador and Quebec.
The Judicial Committee of the Privy Council and the Canadian...
www.jointctr.org /?Category=Judicial%20Committee%20of%20the%20Privy%20...   (1954 words)

  
 [No title]
That the report of the sub-committee thereon was approved by Order of His Excellency in Council on the 29th day of December, 1892, and the 21st day of January, 1893, was then fixed as the day on which the parties concerned should be heard, with regard to the appeal.
In the opinion of the sub-committee, the application is not to be dealt with at present as a matter of a political character or involving political action on the part of Your Excellency's advisers.
Their Lordships have decided that the Governor General in Council has jurisdiction and that the appeal is well founded, but the particular course to be pursued must be determined by the authorities, to whom it has been committed by the statute.
alsandor.net /these/remedial.html   (2754 words)

  
 Canada in the Making - Specific Events & Topics
The Judicial Committee of the Privy Council (JCPC) is a board of the British Privy Council made up of prominent jurists in Britain.
The JCPC rejected the legislation on the grounds that the "peace, order and good government" clause of Section 91 was only to be used in dire circumstances.
Critics argue that the JCPC was unfamiliar with the conditions and circumstances in Canada.
www.canadiana.org /citm/specifique/jcpc_e.html   (1061 words)

  
 Communications Nos. 226-1987 and 256-1987
Committee of the Privy Council on 8 October 1987 and dismissed.
13.5 As to the merits, the Committee first addresses the authors' claim that the judge's instructions to the jury were inadequate, in the light of the contradictory evidence that was put before the jury and which it was for the jury to accept or reject.
It is not in principle for the Committee to review specific instructions to the jury by the judge in a trial by jury, unless it can be ascertained that the instructions to the jury were clearly arbitrary or amounted to a denial of justice, or that the judge manifestly violated his obligation of impartiality.
hei.unige.ch /humanrts/undocs/newscans/226-1987.html   (3447 words)

  
 Geological Errors Flawed EIA For Belize HydroPlant: News from Chartered Institute of Building [CIOB]   (Site not responding. Last check: 2007-10-21)
Judicial Committee of the Privy Council sitting in London decided not to intervene in the controversy over the proposed Chalillo hydro-electric plant on the Macal River in the former British colony.
The Belize Conservation Alliance appealed to the Privy Council on the grounds that the decision of the Government of Belize to build the dam was unlawful.
But in her affidavit submitted to the Privy Council hearing, the Belize Inspector of Mines Evadne Wade stated that the company was taking into account alterations in the dam design which would need to be made.
www.buildingtalk.com /news/cte/cte103.html   (1361 words)

  
 JUDICIAL COMMITTEE OF THE PRIVY COUNCIL
The highest court of appeal is the judicial committee of the Privy Council of England.
Cases may be appealed to the Eastern Caribbean Court of Appeals and, ultimately, to the Judicial Committee of the Privy Council in London.
The Constitution allows the Court of Appeal and the Parliament, as well as defendants in civil and criminal cases, and plaintiffs in civil cases, to refer cases to the Judicial Committee of the Privy Council in the United Kingdom as a final court of appeal.
www.websters-online-dictionary.org /definition/JUDICIAL+COMMITTEE+OF+THE+PRIVY+COUNCIL   (954 words)

  
 Judicial Committee of the Privy Council --  Encyclopædia Britannica
He is a cabinet minister and has control of all judicial appointments in the country except those reserved to the prime minister.
This consists of an appeals court and a high court, while the final court of appeal remains the judicial committee of the privy council.
The final court of appeal is the Judicial Committee of the Privy Council, located in Britain.
www.britannica.com /eb/article-9044088   (924 words)

  
 Evolving Constitutional Protection in the Caribbean Commonwealth and the Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council retains jurisdiction in eleven of the independent English-speaking Caribbean countries and has handed down a number of judgments which frustrate the reintroduction of the death penalty in many countries.
An example of such a decision is that of Pratt v Attorney-General of Jamaica [1994] 2 AC 1 (PC) in which the Privy Council held that the holding of prisoners for an inordinate amount of time on death row, in addition to execution, could amount to inhuman and degrading punishment.
The article examines the way in which the Privy Council has given life to existing constitutional protections thereby ensuring that the application of the death penalty in the Caribbean walks in tandem with the evolving standards of decency.
www.hartjournals.co.uk /ouclj/volumes/4/issues/1/534.html   (166 words)

  
 The Judicial Committee of the Privy Council and the Canadian Constitution - Studies on the Canadian Constitution and ...   (Site not responding. Last check: 2007-10-21)
The Judicial Committee of the Privy Council and the Canadian Constitution - Studies on the Canadian Constitution and Canadian Federalism - Quebec History
The J.C.P.C. was a statutory body dispensing justice established in 1833 by an act of the Parliament of Great Britain.
As Alan C. Cairns (in the "The Judicial Committee and its critics," Canadian Journal of Political Science, 1971, pp.
www2.marianopolis.edu /quebechistory/federal/judicial.htm   (506 words)

  
 Judicial Committee of the Privy Council   (Site not responding. Last check: 2007-10-21)
The Judicial Committee of the Privy Council is a panel of legal experts in Britain.
It was the highest court of appeal for Canada until 1949.
Many people felt that Canada, as an independent country, should have complete control over its own courts, and in 1949 appeals from Canada to the Committee were abolished.
thecanadianencyclopedia.com /PrinterFriendly.cfm?Params=J1ARTJ0004187   (75 words)

  
 Judicial Committee of the Privy Council - Mauritius - Equal Employment Opportunities
Judicial Committee of the Privy Council - Mauritius
Appeals to the Judicial Committee from decisions of the Court of Appeal or the Supreme Court is as of right or with the leave of the Court, as set out in section 81 of the Constitution and section 70A of the Courts Act.
The Judicial Committee may also grant special leave to appeal from the decision of any court in any civil or criminal matter (s.
www.ilo.org /public/english/employment/gems/eeo/law/mauritiu/court1.htm   (122 words)

  
 University of Minnesota Human Rights Library
By decision of 21 September 1987, the Human Rights Committee transmitted the communication to the State party and requested it, under rule 86 of the rules of procedure, not to carry out the death sentence against the author while his communication was under consideration by the Committee.
Finally, he states that he is in the process of seeking counsel to petition the Judicial Committee of the Privy Council for special leave to appeal.
8.3 With regard to the requirement of exhaustion of domestic remedies, the Committee has taken note of the State party's contention that the communication is inadmissible because of the author's failure to petition the Judicial Committee of the Privy Council for special leave to appeal.
www1.umn.edu /humanrts/undocs/session40/254-1987.html   (855 words)

  
 Constitutional Keywords – Judicial Review   (Site not responding. Last check: 2007-10-21)
The purpose of this type of ‘judicial review’, also referred to as “constitutional review”, is to ensure that legislation conforms to the Constitution of Canada.
Second, while courts have the power to strike down legislation based on their reading of the constitution, in reality judicial decisions are not final, and legislatures have their ways to respond to a judicial decision with which they do not agree.
The constitutional mechanisms for such legislative action are judicial appointments, constitutional amendments, and in Canada, the use of the notwithstanding clause.
www.law.ualberta.ca /ccskeywords/judicial_rvw.html   (803 words)

  
 Jamaica Gleaner News - Appointing high judges - Monday | January 30, 2006
Thus, for the CCJ, judges are appointed by the Regional Judicial and Legal Services Commission, and a majority of the members of this commission owe no direct allegiance to the executive in the various countries that are party to the CCJ arrangements.
The current model for judicial appointments in Jamaica has recently been criticised on the basis that it does not allow direct applications to the Judicial Services Commission for appointment to the bench.
For instance, for appointments to the House of Lords (in its judicial incarnation), and hence to the Judicial Committee of the Privy Council, the selection involves consultations largely among senior lawyers and judges, with the final decision resting with the British Prime Minister.
www.jamaica-gleaner.com /gleaner/20060130/cleisure/cleisure2.html   (731 words)

  
 Guide to departments - The Privy Council Office
The Privy Council Office is the smallest autonomous Government department with fewer than 50 staff.
The Privy Council Office also provides the Registry to the Judicial Committee of the Privy Council, a judicial body consisting of the Law Lords and senior UK and Commonwealth judges.
It is a court of final appeal for some independent Commonwealth countries and for the UK overseas territories and Crown dependencies; also for cases arising within the UK in which issues are raised as to the functions and powers of the devolved legislative and executive authorities in Scotland, Wales and Northern Ireland.
www.number-10.gov.uk /output/Page1532.asp   (365 words)

  
 Northwestern Ontario - Wikipedia, the free encyclopedia
Its western boundary is the Canadian province of Manitoba, which disputed Ontario's claim to the western part of the region.
Ontario's right to Northwestern Ontario was determined by the Judicial Committee of the Privy Council in 1884 and confirmed by the Canada (Ontario Boundary) Act, 1889 of the Parliament of the United Kingdom.
In 1912 the Parliament of Canada by the Ontario Boundaries Extension Act gave jurisdiction over the District of Patricia to Ontario, thereby extending the northern boundary of the province to Hudson Bay.
www.wikipedia.org /wiki/Northwestern_Ontario   (197 words)

  
 Lords Hansard Written Answers text for 14 Jan 1997
Quota swaps were agreed immediately after the Council to mitigate the impact arising from use of Hague Preference by the Republic of Ireland, in particular on stocks of importance to the Northern Ireland industry.
The Council welcomed the progress that had been made in removing many of the problems from the Commission's proposal for new technical conservation measures but noted that further detailed work was necessary before the proposal would be ready for agreement.
The Council agreed by qualified majority, with Denmark voting against, a 10,000 tonne increase in the 1996 autonomous tariff quota for cod imported for salting and drying.
www.publications.parliament.uk /pa/ld199697/ldhansrd/vo970114/text/70114w01.htm   (1880 words)

  
 ipedia.com: Judicial Committee of the Privy Council Article   (Site not responding. Last check: 2007-10-21)
It is also the highest court of appeal for several independent Commonwealth countries, the UK overseas t...
Privy Counsellors who are judges of certain superior courts in Commonwealth nations
Canada created its Supreme Court in 1875, but appeals to the Privy Council were possible until 1949, bypassing the Supreme Court.
www.ipedia.com /judicial_committee_of_the_privy_council.html   (990 words)

  
 Clark, J.M., The Judicial Committee of the Privy Council
Clark, J.M., The Judicial Committee of the Privy Council
The role of the Judicial Committee of the Privy Council is closely examined, and several cases are cited.
The first Parliament of Upper Canada in 1792, with provided for appeals to the Privy Council, and what has been well called the sacred right of appeal ever since, carefully guarded.
www.empireclubfoundation.com /details.asp?SpeechID=2542&FT=yes   (427 words)

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