Countries that have a domestic final appellate court have established a judicial institution over which they have control as part of the policymaking governing structure and how they view other existing and emerging extraterritorial courts will be influenced by their perception of the court and the role it will play when the policies of the governing coalition are challenged. This book analyzes that phenomenon in terms of the broader construction and understanding of the state in the era of international law, legal tribunals, and globalization. By zooming in on the Judicial Committee of the Privy Council (JCPC), an ancient colonial court, Harold Young examines how the Caribbean Community, specifically, the 15 former British colonies comprising the Caribbean Basin are navigating their changing political environments and transitioning to its own extraterritorial court, the Caribbean Court of Justice. Using historical reviews, descriptive analyses, and statistical methodologies Young finds that the choice to retain the JCPC at independence is influenced by the colonial experience, the length of colonial rule, and how deeply embedded the JCPC is on the governing structures of the new state.

The Privy Council is a centuries-old institution - yet, for an entity with such extensive influence over Britain's history, we know relatively little about it. What exactly does it do? To whom is it accountable? Just how much power does it hold over us? Some say it has no power at all, although you might not agree if you'd been sentenced to death in a former British overseas territory that still used the Judicial Committee of the Privy Council as its court of appeal; or if you were a lecturer having a row with your college, where the University Chancellor was a member of the royal family. Or, indeed, if you were a Prime Minister trying to establish a Royal Charter to control the press. Traditionally an advisory body to the sovereign, the Privy Council's chequered past is full of scandals and secrecy, plots and counterplots - and while it may no longer have the authority to command a beheading, its reach continues to extend into both parliamentary and public life. In By Royal Appointment, David Rogers examines it all, taking us on a fascinating, anecdote-filled odyssey through the history of one of England's oldest and most secretive government bodies.

The Judicial Committee of the Privy Council was the final appellate court of the British Empire. In 1935 the Irish Free State was recognized as the first part of the empire to abolish the appeal to the Privy Council. This book examines the controversial Irish appeal to the Privy Council in the wider context of the history of the British Empire in the early 20th century. In particular, it analyses Irish resistance to the imposition of the appeal in 1922 and attempts to abolish it at the Imperial conferences of the 1920s and 1930s. The book also examines the various means by which the Oireachtas attempted to block appeals from the Irish Supreme Court. In addition, this work examines the contention that the Privy Council appeal offered a means of safeguarding the rights of the Protestant minority within the Irish Free State. Finally, it reveals British intentions that the Privy Council act as the guardian and enforcer of the integrity of the Anglo-Irish settlement embodied in the 1921 Treaty. The conclusion to this work explains why the Privy Council was unsuccessful in protecting this settlement. (Series: Irish Legal History Society, Vol. 25) [Subject: Legal History, 20th-Century History, Local & National Government, Ireland & Europe]

The Judicial Committee of the Privy Council (JCPC) is the court of final appeal for jurisdictions including the British Overseas Territories and Crown Dependencies, and for those Commonwealth countries that have retained the appeal to Her Majesty in Council. This volume aims to explain the JCPC's unique procedures, practices, and, where relevant, jurisprudence in a manner which is readily accessible, even to those unfamiliar with it. It will provide valuable guidance to practitioners considering whether to seek recourse to the JCPC and, if an appeal is pursued, throughout the appeal process. This comprehensive guide to the JCPC is the first work of its kind since 1937. It includes chapters on jurisdiction, conditions of appeal, precedent, and the JCPC's role in interpreting constitutions as part of a workload which still ranges from death row criminal cases to heavy commercial disputes. Importantly, the authors provide detailed commentary on the complex Rules and Practice Directions that underwent a significant overhaul in 2009, for which no dedicated volume currently exists. Emphasis is placed on topics of greatest practical importance to litigants, including timings, the form and content of written cases, issues of costs, and the role of the Registrar. This one-stop reference is essential for any practitioner in the countries for which the JCPC remains the final court of appeal, as well as for UK solicitors acting as local counsel and members of the UK Bar instructed in JCPC appeals. It also provides students and academics with chapters on the history, jurisprudence, and the sources of law considered by the JCPC, as well as on its interaction with other court systems. The release of this work is particularly timely given that in the judgment Willers v Gubayi [2016] UKSC 44 the UK Supreme Court explained for the first time the circumstances in which the JCPC may bind the Courts of England and Wales. With authoritative authorship and unique content, this is a must-have resource for all those pursuing a case before, or with an interest in, the JCPC.

In The Making of a Patriot, renowned Franklin historian Sheila Skemp presents a insightful, lively narrative that goes beyond the traditional Franklin biography--and behind the common myths--to demonstrate how Franklin's ultimate decision to support the colonists was by no means a foregone conclusion.