Judicial Committee of the Privy Council
The Judicial Committee of the Privy Council (JCPC), founded in 1833, is the supreme appellate court for the crown possessions and overseas territories of the United Kingdom of Great Britain and Northern Ireland , the Commonwealth countries that have left the highest appellate body to the British Crown, and several others domestic courts.
The Judicial Committee moved on August 13, 2009 and has since been located, together with the Supreme Court , in the Supreme Court Building in Parliament Square , London . The procedure is based on its own provisions.
Role and structure
Up until the end of August 2009, the role of the Supreme Court in the UK was carried out by two separate bodies: within the UK the Appellate Committee of The House of Lords and outside the Judicial Committee of the Privy Council. Since October 1, 2009, the role of the Supreme Court of Appeals in the United Kingdom has been performed by the Supreme Court. This eliminated the role of the Appellate Committee of The House of Lords as the highest court.
The responsibilities of the Judicial Committee of the Privy Council, however, remained largely in place and are structured as follows:
Appeal process in the UK
The Judicial Committee of the Privy Council is responsible:
- in appeal proceedings by the Court of Honor of the Royal College of Veterinary Surgeons (professional organization of veterinarians),
- in appeal proceedings against plans by church commissioners (who manage the property of the Church of England),
- in appeals to the Arches Court of Canterbury and the Chancery Court of York in non-doctrinal cases,
- in appeal proceedings of the Court of Chivalry (court for the improper use of coats of arms),
- in appeal proceedings of the Court of Admiralty (court of the Admiralty) responsible for the Cinque Ports (union of port cities),
- in appeal proceedings of the Prize Court (in relation to ships captured in wars),
- in disputes under the House of Commons Disqualification Act (relating to members of the House of Commons ).
- In addition, the King or Queen has the authority, in accordance with Section 4 of the Judicial Committee Act 1833, to refer any matter to the Judicial Committee of the Privy Council for discussion and reporting.
According to the Constitutional Reform Act 2005 (Constitutional Reform Act of 2005), devolution ( transfer of political competence of the United Kingdom in the regions now heard by the Supreme Court).
Crown possessions of the British Crown
The Judicial Committee of the Privy Council is responsible for the Crown dependencies of the British Crown :
Overseas territories
The Judicial Committee of the Privy Council is following 14 overseas territories (overseas territories) responsible:
- Akrotiri and Dhekelia , military bases in Cyprus
- Anguilla ( Eastern Caribbean Supreme Court , ECSC)
- Bermuda
- British Antarctic Territory
- British Indian Ocean Territory
- British Virgin Islands (ECSC)
- Cayman Islands
- Falkland Islands
- Gibraltar
- Montserrat (ECSC)
- Pitcairn Islands
- St. Helena, Ascension and Tristan da Cunha
- South Georgia and the South Sandwich Islands
- Turks and Caicos Islands
Commonwealth
The Judicial Committee of the Privy Council is the following, in personal union affiliated with the British Crown Commonwealth -Staaten ( Commonwealth realm ) in charge:
- Antigua and Barbuda (ECSC)
- Bahamas
- Cook Islands (associated with New Zealand)
- Grenada
- Jamaica
- Niue (associated with New Zealand)
- St. Kitts and Nevis (ECSC)
- St. Lucia (ECSC)
- St. Vincent and the Grenadines (ECSC)
- Tuvalu
With the establishment of its own Supreme Court , New Zealand abolished the Privy Council in London in 2004, which was previously responsible for itself . However, this change did not affect the jurisdiction of the Judicial Committee of the Privy Council for the associated countries Cook Islands and Niue.
The Judicial Committee of the Privy Council is also responsible for the following Commonwealth countries:
Former area of responsibility
Formerly the area of responsibility included numerous other areas, including:
- Irish Free State (until 1933)
- Canada (1949)
- India (1950)
- Pakistan (1950)
- South African Union (1950)
- Nigeria (1963)
- Australia (1968/1986)
- Guyana (1970; now Caribbean Court of Justice , CCJ)
- Lesotho (1970)
- Ceylon (1972)
- Malaysia (1985)
- Singapore (1994)
- Hong Kong (1997)
- Gambia (1998)
- New Zealand (2004)
- Barbados (2005; CCJ)
- Belize (2010; CCJ)
- Dominica (2015; CCJ)
literature
- William Francis Finlason: The History, Constitution, and Character, of the Judicial Committee of the Privy Council . Ed .: Stevens and Sons, and George Bell and Sons. London 1878 (English, full text in Google Book Search).
- Geoffrey Rivlin: Understanding the Law . 6th edition. Oxford University Press, Oxford 2012, ISBN 978-0-19-960880-5 , pp. 164–165 (English, full text in Google Book Search).
Web links
- Official website. Judicial Committee of the Privy Council, accessed February 9, 2016 .
- Charlotte Smith: The Judicial Committee - An introduction to the Judicial Committee of the Privy Council. Privy Council Papers - Online, archived from the original on December 26, 2014 ; accessed on February 9, 2016 (English, original website no longer available).
Individual evidence
- ^ A b Judicial Committee Act 1833. The National Archives, accessed September 23, 2012 .
- ↑ a b Judicial Committee - Overview. Privy Council Office, accessed September 23, 2012 .
- ^ The Judicial Committee (Appellate Jurisdiction) Rules Order 2009 , SI 2009/224 , 2013/246 , Schedule
- ↑ a b c d e Role of the JCPC. Judicial Committee of the Privy Council, accessed February 9, 2016 .
- ^ Veterinary Surgeons Act 1966 , section 17
- ^ Mission and Pastoral Measure 2011 , section 12, Schedule 2
- ^ Ecclesiastical Jurisdiction and Care of Churches Measure 2018 , section 21
- ^ Naval Prize Act 1864 , section 6
- ^ House of Commons Disqualification Act 1975 , section 7
- ^ A b Order in Council regulating appeals to His Majesty in Council from Jersey and Guernsey (1835) , SR & O. 1835/715
- ^ The Sovereign Base Areas of Akrotiri and Dhekelia (Appeals to Privy Council) Order in Council 1961 , SI 1961/59
- ^ The Anguilla (Appeals to Privy Council) Order 1983 , SI 1983/1109
- ^ The British Antarctic Territory Court of Appeal (Appeal to Privy Council) Order 1965 , SI 1965/592
- ^ The British Indian Ocean Territory (Appeals to Privy Council) Order 1983 , SI 1983/1888
- ^ The Virgin Islands (Appeals to Privy Council) Order 1967 , SI 1967/234 , 1983/1108
- ^ The Cayman Islands (Appeals to Privy Council) Order 1984 , SI 1984/1151
- ^ The Falkland Islands (Appeals to Privy Council) Order 1985 , SI 1985/445
- ^ The Gibraltar (Appeals to Privy Council) Order 1985 , SI 1985/1199
- ^ The Montserrat (Appeals to Privy Council) Order 1967 , SI 1967/233 , 1983/1108
- ^ The Pitcairn (Appeals to Privy Council) Order 2000 , SI 2000/1816
- ^ The St. Helena Court of Appeal (Appeal to Privy Council) Order 1964 , SI 1964/1846 , 1990/991
- ^ The South Georgia and South Sandwich Islands (Appeals to Privy Council) Order 1985 , SI 1985/450
- ^ The Turks and Caicos Islands (Appeals to Privy Council) Order 1965 , SI 1965/1863
- ^ Antigua and Barbuda Constitution Order 1981 , SI 1981/1106 , Schedule 1, section 122
- ^ Bahamas Independence Order 1973 , SI 1973/1080 , Schedule, Articles 104 (2) and 105
- ^ Jamaica (Constitution) Order in Council 1962 , SI 1962/1550 , Schedule 2, section 110
- ^ St. Christopher and Nevis Constitution Order 1983 , SI 1983/881 , Schedule 1, section 99
- ^ St. Lucia Constitution Order 1978 , SI 1978/1901 , Schedule 1, section 108
- ^ The St. Vincent Constitution Order 1979 , SI 1979/916 , Schedule 1, section 99
- ^ The Tuvalu Independence Order 1978 , Schedule, section 84
- ^ Brunei (Appeals) Order 1989 , SI 1989/2396 , 1998/255
- ^ The Kiribati Appeals to Judicial Committee Order 1979 , SI 1979/720
- ^ The Mauritius Appeals to Judicial Committee Order 1992 , SI 1992/1716
- ^ The Trinidad and Tobago Appeals to Judicial Committee Order 1976 , SI 1976/1915
- ↑ cf. JCPC Jurisdiction Map , 1937 jurisdiction