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The
Government will draft a new Bill to establish the
Caribbean Court of Justice in its original jurisdiction.
Prime Minister P.J. Patterson made the disclosure
in his opening remarks at the two-day Cabinet retreat
which began on Monday (Feb. 21) at Jamaica House.
At
the recently concluded Inter-sessional Meeting in
Suriname, CARICOM Heads approved two amended Protocols
to the Revised Treaty of Chaguaramas including the
CARICOM Single Market and Economy, the first of which
concerns the Original Jurisdiction of the Caribbean
Court of Justice and the Constitution of States Parties.
The second instrument is a Protocol to the Agreement
establishing the Caribbean Court of Justice and refers
to the Relationship between Provisions on the Original
Jurisdiction and the Constitutions of States Parties.
The
provision regarding the Original Jurisdiction will
not require a Contracting Party to enact legislation
that is inconsistent with its Constitutional structure.
“As
the public is aware the Opposition has indicated its
general support for the original jurisdiction to be
conferred on the Court and the Attorney General will
discuss with Mr. Delroy Chuck, the proposed contents
of the new Bill priory to its tabling in Parliament
next week,” M. Patterson said.
“The
legal opinions available to the government from the
Solicitor General and other eminent counsel indicate
that the enabling legislation should allow Jamaica
to comply with its treaty obligations in a manner
consistent with our constitutional structure and the
nature of our legal system, “ the Prime minister
reported
The
Prime Minister stated that this Bill would require
priority legislative attention before prorogation
of Parliament, as April 16 2005 had been fixed for
the inauguration of the Caribbean Court of Justice
by Heads of Government.
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