Are the Judges of the CCJ vulnerable to political manipulation?
A. It is generally accepted in our societies that independence of the judiciary is a vital and essential ingredient of the rule of law, a basic principle of social engineering in CARICOM member states. To ensure independence of the members of the Court, appropriate provisions have been elaborated in the Agreement Establishing the CCJ to provide for credible institutional arrangements. First, unlike the situation with the European Court of Justice, where Judges are appointed by the Ministers of Government, Judges of the CCJ are appointed by a Regional Judicial and Legal Services Commission, whose composition should offer a reasonable degree of comfort to the Court’s detractors. Its eleven members include: • the Court President, who is the Chairman of the Commission; • two persons appointed jointly by the Organisation of the Commonwealth Bar Association and the Organisation of Eastern Caribbean States Bar Association; • one chairman of the Judicial & Legal Service Commission of a Contrac
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- Why do you assume that judges decide cases based on their political or ideological preferences? Dont judges make decisions based on the applicable law in each case?
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