Subject: Social Studies Type of Lesson: Impromptu debate, web search,

cooperative learning

Grade: 10 CSEC OBJ: Describe the structure of Government

(Section A, # 22)

Term: 2 Unit Number # 1 Government

and Title:

Duration: 70 minutes Week Number: 7

Lesson Number # 23 Functions of the Privy Council

and Title: and the Caribbean Court of Justice

Objectives
As a result of this lesson, the student will be able to:
1) explain the purpose of a final appellate court.
2) outline the context of the emergence and or use of the Caribbean
Court of Justice and the Privy Council.
3) appreciate the importance of the functions of the Privy Council.
4) appreciate the importance of an independent appellate court in a
democratic country.

Prerequisite Student Knowledge

The student should be familiar with:
1) the importance of the Judiciary in Jamaica.
2) the composition, structure and function of the Judiciary.
3) the Structure of the Jamaican Court System.
4) the Privy Council as the highest court of appeal for members of the
British Commonwealth.

Important Points
1) The Privy Council is an English based court in the House of Lords
which hears final appeals for countries in the British
Commonwealth. Like other appeal courts, it has the power to
amend or return judgements made by courts lower than itself
within the British Commonwealth, including Jamaicas court
system.
2) Only cases which have critical financial and or legal implications
are normally granted hearings in the Privy Council.
3) An independent appellate court provides an objective check on the
local judicial system. The Privy Council was the logical option as

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 our model of government is the same as the United Kingdoms, our
judiciary is very similar to theirs and the British Monarch was kept
as our Head of State when we gained independence.
4) The Caribbean Court of Justice emerged out of the need to support
the CSME with the appropriate legal institutions.
5) The CSME is an extension of CARICOM which should see
CARICOM members more intensely integrated through means
such as a common currency, common institutions, common
economic plans and policies and common terms of trade; sharing
of labour force and even common or supportive political planning.
a. The CCJ would therefore be responsible for enforcing
laws and terms of conduct for the CSME as an
economic/political body as well as acting as a final
court of appeal in civil and criminal matters in the
member countries when implemented in its full
jurisdiction.
b. It is expected to operate in two jurisdictions:
i. Original to ensure the full and proper
application of the revised treaty of
Chaguaramas.
ii. Final court of appeal ensure justice throughout
its member countries.

Key Terms

Appellate Court British Caribbean Court of

Commonwealth Justice

CARICOM CSME Privy Council

Challenge Areas
Write and seek publication for an article explaining and justifying your
informed view about the proposal to adopt the CCJ as our final
appellate court in Jamaica. Your article must reflect knowledge of the
origin and purpose of each appellate court and the advantages and
disadvantages of using either court in Jamaica.

OR
Many argue that commissioned enquiries into cases involving the
government are just for show and are a waste of money. In an essay:
1. Give your views on this argument; and
2. Explain the possible roles that the Caribbean Court of Justice
can play in regulating our governments activities.

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Equipment/Materials Needed
Computer with internet connectivity, multimedia projector

Note to Teacher
It is likely that some students will find this lesson a bit difficult as it
means that they must have an early introduction to regional integration
via the CSME. Many probably have heard about it but do not fully
understand it. Keep your coverage of the issue simple and avoid
unnecessary details. Also, ensure that students remain objective in
their contributions especially as we consider the proposal for complete
independence from Britain and our relationship with other countries in
the Caribbean.

Teachers Lesson Notes

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Introduction
1) Introductory Activity
Why do we need to be sure about the decisions of our courts?

Figure 23.1: Types of sentences handed down by the Courts

a. Begin by asking students for some of the sentences that are

given for very serious offences.
Project the image in Figure 23.1 for the students. Ask them
to identify the types of sentences shown in the picture.
Expected answers: The first three pertain to the death
penalty (electric chair, hanging and lethal injection). The
fourth is life imprisonment. All are reserved for crimes that
are thought to be particularly serious and harmful such as
rape, murder and treason.

b. Explain that these two sentences are reserved for the most
serious crimes such as treason, murder and rape.
Ask them what they think about these sentences:
i. How effective do you think each is?
Possible answer: Answers here should speak to
how well they deter prospective criminals as well as
prevent convicted criminals from repeating their
crimes.
ii. In what situations do you think it is morally
acceptable to administer these kinds of punishment?
Possible answer: Consider carefully the answers
given. Students may be influenced by their
religious views, their parents and other factors.
They may or may not believe that the death penalty
is suitable at any time at all. Their answers must
however, go beyond the value of tax dollars used to
keep prisoners in prison or to perform the death
penalty.
iii. What alternatives can we consider for the death
penalty?

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 c. Explain to the students that despite human rights ideals,
many constitutions make provision for use of the death
penalty and most for life sentences. These clearly can have
a significant impact on the convicted person and his/her
family.

d. However, it is believed that these sentences have their place

in the legal justice system as means of deterring serious
crimes and preserving social order.

2) Why do we need an independent and external appellate court?

a. Explain that one wants to be sure that the person who

receives any of the sentences above is actually guilty. But as
was learned in the previous lesson, the justice system is far
from perfect; enough loopholes exist to facilitate the guilty
escaping justice and vice versa.

b. Ask the students to recall and state some of the weaknesses

in our judiciary that can lead to uncertain or problematic
judgements in our courts.

c. Note that additionally, there is the belief that not all

Jamaicans are equal before the law. Below is an image
which highlights some of the factors which might result in
favour or lack of favour in our legal system.

i. Ask the students to examine the image and identify

those factors.
ii. Ask them to name any other factor they think can
affect the course of justice in the Jamaican court
system.

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 Figure 23.2: Factors influencing the course of justice in Jamaica

Expected answers: The factors in order of

appearance are: Wealth, Race and ethnicity,
Gender, Appearance (dress), Social status, Age.

d. After discussing the above, ask the students to explain:

i. The importance of independence of the appellate
court;
Expected answer: The Appellate Court can help in
this regard especially if it is an independent court
having no reason to impose any biases on the
persons involved. Given the general attitude to our
court systems as well, there is some assurance given
when detached foreign intervention is given. They
provide objective assessments.
ii. The importance of an accessible appellate court.
Expected answer: Such a court is important for
preventing abuses of power and influence,
corruption and unfair treatment of citizens before
the law. It extends the right of every citizen to
fairness or justice before the law.

Body of Lesson
1) What are our options for appellate courts?

a. Ask the students to state the name of our final court of

appeal.

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 i. Have them relate all they know about the Privy
Council based on previous lessons.

b. The students might be aware of the ongoing issue of using

the Caribbean court of justice as our final court of appeal.
Ask the students:
i. What do you know about the Caribbean Court of
Justice?
ii. What are the implications (both positive and
negative) of relinquishing the Privy Council as our
final court of appeal?
Expected answer: Answers here should include the
implications for the structure of government, as
concomitant to the change, is the renouncing of the
Queen as our Head of State. It also means that we
would be placing final appellate powers into the
hands of our Caribbean neighbours. This means
that our answers should consider the nature of our
relationship with them. Answers can also consider
the cost involved and how accessible justice would
be, given the change.

c. Now direct the students to the following websites. Here

they will work in groups of four. Instruct them to scan
through the websites and record information about the
following aspects of each court:
i. Origin;
ii. Purpose;
iii. Location;
iv. Jamaicas relationship with it.

Privy Council
http://www.jcpc.gov.uk/
http://www.parliament.uk/documents/commons/lib/researc
h/briefings/snpc-3708.pdf

Caribbean Court of Justice

http://www.caribbeancourtofjustice.org/
http://www.jis.gov.jm/special_sections/CARICOMNew/ccj
.html

d. Students should write their answers down.

Expected answers:

Privy Council CCJ

Origin Began before the Began formerly in the

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 14th century Was a 1990s
political executive Born out of the need
The king or Queen to establish the CSME
simply appointed 2001, Most
his her advisors to CARICOM members
the council signed agreement to
Now peopled by establish the court.
distinguished 2003 saw the first
lawyers and meeting of its regional
administrators Judicial and Legal
Services Commission
It was inaugurated in
2004 in T&T.
Purpose Hears appeals from To function as a
The United Caribbean Supreme
Kingdom Court
British Overseas
Territories Hear appeals in civil
Most current and and criminal matters
some former from member
members of the countries
British Guide the
Commonwealth development of the
CARICOM and the
CSME along a rule
bound path
Original jurisdiction
consider the laws of
the country from
which it hears appeals
Appellate jurisdiction
functions as an
international court
(guided by
international law)
Location United Kingdom Trinidad and Tobago
Jamaicas One of several Signed the
relationship Caribbean 2001agreement
with the countries which establishing the court
court used the court as
final court of Is still debating
appeal whether or not make
Due to our political the court its final
and economic court of appeal
relationship with
Britain

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 Origin: Students should be able to associate the CCJ with the
CSME, which is an extension of CARICOM. Explain that this
is an organisation of Caribbean states which aims at improving
the economic conditions of its member countries through
cooperation in several areas.

The CSME is designed to intensify these efforts by so

coordinating the activities of member countries so that they
operate as if they constitute a single country having a single
economy. Of course, common institutions such as a common
court are needed to support its operation. This is similar to a
single country having a single unified court system.

2) What are the functions of the Privy Council?

http://www.jcpc.gov.uk/about/role-of-the-jcpc.html

a. Allow students to continue working in their groups as they

explore the website above. Instruct them to read the
contents of the page in order to identify the main functions
of the Privy Council in its service to the different countries.
i. Instruct them to discuss the answers and record
them.
ii. Next they should conduct a web search to find
factual examples of the court performing the named
functions in relation to the Jamaican government or
Jamaican citizens.

Some helpful websites are included below:

http://jamaica-
gleaner.com/gleaner/20120628/lead/lead92.html

http://www.jamaicaobserver.com/news/NTCS-case-
going-back-to-UK-based-Privy-Council_11674404

http://www.jamaicaobserver.com/westernnews/Family-
seeks-UK-justice---Wants-hijacker-s-conviction-
overturned_11765087

http://www.jamaicaobserver.com/news/Privy-Council-
hits-Digicel_7347055

http://www.jcpc.gov.uk/about/role-of-the-jcpc.html

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 http://search.justice.gov.uk/kbroker/justice/jcpc/search.l
sim?qt=jamaica&sr=0&nh=10&cs=ISO-8859-
&sb=0&hs=0&sc=jcpc&ha=2320

Possible answers:
1. Donald Phipps appealed convictions and
sentences for double murder on the basis of
insufficient evidence (Criminal case)
2. Government and the NTCS. Pertains to termination
0f licence issued the NTCS in order to reinforce the
JUTC (Industrial matter )
3. Stephen Frays Family Reconsider the guilty
ruling of their son who Hijacked a plane. The
appeal is on the grounds that Stephen Fray is a
paranoid schizophrenic.
4. Digicel and the OUR Regarding ministerial
direction in telecommunications market and the
OURs support thereof.
5. Commissioner of Taxpayer Audit and Assessment
versus the Cigarette Company of Jamaica

3) Would the Caribbean Court of Justice make a difference in the

Jamaican justice system?

a. Tell students to recall that the Caribbean Court of Justice is

being considered as an alternative to the Privy Council.
Recall from the introductory activity the origin of the CCJ
and its anticipated purpose.

b. Instruct the students to continue working with their partners

for this task. They will read the contents of the websites
below to determine
i. The positive effects of the CCJ in countries where it
is used;
ii. The negative effects of the CCJ in countries where
it is used;
iii. Anticipated advantages to Jamaica from replacing
the Privy Council with the CCJ.

http://jamaica-
gleaner.com/gleaner/20120701/focus/focus2.html

http://iml.jou.ufl.edu/projects/spring06/watson/privycouncil
.html notes why there is increased desire for the CCJ

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 http://www.jamaicaobserver.com/video/Caribbean-Court-
of-Justice-and-The-Jamaican-Republic

Possible answers could include:

1. The court is being used in Guyana, Belize and
Barbados as a final court of appeal;
2. It is being used to hear trade related cases;
3. Secured justice for Monique Myrie; a Jamaica who
was abused in Barbados;
4. Where it is used, there are more cases brought
against the government than in countries using the
Privy Council bringing justice in the reach of
ordinary people;
5. Part of the desire to sever ties with the Privy
Council stems from the limitations it places on the
Jamaican government regarding the use of the death
penalty.
6. It is expected that using the CCJ would make justice
cheaper and easier for Jamaicans to access than
continuing with the Privy Council.

c. Now discuss the answers that the students come up with. In

asking them to share their answers, encourage them to say
how likely it is for Jamaica to experience the same
advantages and disadvantages experienced by the other
Caribbean countries. Allow each group to present one
effect or anticipated effect of the CCJ.

4) How do we make a decision?

a. Explain that while both political parties agree to embrace

the CCJ, they disagree on how the issue should be
approached. The Jamaica Labour Party is insisting on a
national referendum but the Peoples National Party thinks
it is unnecessary.
Have the students read the content of the websites below.

Applying the correct procedure in a parliamentary

democracy
http://www.jis.gov.jm/special_sections/Bills%20&%20Act
s/pdf/constit.pdf - Focus on the section Amendment of the
Constitution.

http://www.jamaicaobserver.com/news/Six-reasons-why-
there-s-no-need-for-Privy-Council--CCJ-
referendum_11790305

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 http://www.jamaicaobserver.com/news/Opposition-insists-
on-CCJ-referendum_11823877

i. Now conduct a brief impromptu debate session.

Divide the class at its physical centre if possible.
Ensure that the number of groups on either side of
the room is equal if possible.
ii. Randomly select which side will propose and which
will oppose.
1. Begin by randomly picking a group on
the proposing side to provide a point
pertaining to the moot. Then randomly
pick a group from the opposing side to
counter the point offered. Continue to do
this and ensure that all groups are
allowed an opportunity to participate.
2. You may reverse the process by also
allowing those on the opposing side to
offer points for the proposing side to
counter
3. Reinforce the class rules during the
process and ensure that the discussion
remains as objective as possible.
4. Also ensure that a record is kept of the
points as they are discussed and
evaluated after the debate is finished.

Moot: A referendum is the more appropriate and

efficient better method to use to determine if we
should replace the Privy Council with the CCJ.
Expected points:
Points in the debate should pertain to cost,
accessibility, personnel (training and selection),
biases and objectivity, room for corruption,
economic benefits from and the status of regional
integration and the level of political autonomy and
independence of the Jamaican Government.

b. After the debate is through, assess students learning with a

brief question and answer session. Some questions are
suggested below:
i. What is a referendum?
Expected answer: A referendum allows an entire
electorate or population to vote on an issue.

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 ii. What is the reason for the JLPs insistence on a
referendum?
Expected answer: The JLP is being mindful to the
constitutional requirements for a major or critical
change in the constitution especially considering the
countrys status as a democracy.
iii. Give two reasons the PNP believe a referendum is
unnecessary or inexpedient.
Expected answer: According to Minister ____, a
referendum would be costly; the constitution does
not insist on a referendum for a change in appellate
court; the Judicial Committee if the Privy Council is
in support of our use of the CCJ and it would be
wasted money if the people chose to remain with
the Privy Council.
iv. What is the alternative to a referendum when
making changes to the constitution?
Expected answer: The Constitution may be
amended by a vote of two thirds of the members of
both houses in the legislature.
v. Give one reason it may be less suitable than a
referendum.
Expected answer: The decision would reflect the
majority of the members of government but may not
necessarily reflect the publics desire. Also, the
governing party is guaranteed favour for its decision
because it already has a majority in both houses and
is affected by collective principles.
vi. How would our removal of the Privy Council as our
final court of appeal affect the structure of our:
1. Judiciary
2. Executive
Expected answer: The judiciary would keep five
levels. However the CCJ would sit at the highest
level of the five tiered system. The executive is
likely to include a president rather than a Head of
state. The selection process for our representation in
the Privy Council would be changed.

Closure
In Class Assignment
1) Have the students complete the task below in their groups:
a. Write an essay of maximum 250 words explaining the
role of an appellate court and your main reasons for

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 choosing either the Privy Council OR the Caribbean
Court of Justice most suitable for Jamaica.

Supplemental
Out-of-Class Assignment
1) Read one of the articles introduced on the page below.

http://gleanerblogs.com/haveyoursay/?tag=privy-council

a. After reading, participate in the associated blog by

giving your informed view on the issue.

Glossary of Terms

Appellate Court This is a court with the authority to amend the

decisions of lower courts in its jurisdiction. Its
purpose is to guarantee justice by offering
independent and objective judgment.

British This is a group of countries including the United

Commonwealth Kingdom and its former colonies which still pay
allegiance to the British Crown. The presence of
a Governor General in our government is
evidence of Jamaicas allegiance to the crown.

Caribbean Court This is the court established by the CSME in

of Justice (CCJ) order to hear appeals in both trade related cases
and civil and criminal cases from its member
countries.

CARICOM This is the result of the integration of several

Caribbean countries (based on the Treaty of
Chaguaramas) aimed at improving the
economies of its member countries.

CSME This is the result of deeper integration between

the member countries of CARICOM. This
organization aims to coordinate the activities of
its member countries so that they cooperate and
act as a single country having a single economy
which is able to enjoy the advantages of a large
thriving economy.

Privy Council The Privy Council is an English based court in

the House of Lords which hears final appeals for
countries in the British Commonwealth.

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CSEC (type) Questions
1)
a. Define the following terms:
i. Appellate court
ii. Appellate jurisdiction 4 marks
b. Explain ONE reason it might be beneficial for
Jamaicans to continue using the Privy Council as its
final Court of Appeal. 2 marks
c. Explain ONE reason it might be beneficial for
Jamaicans to use the Caribbean Court of Justice as its
final court of appeal. 2 marks
d. Suggest THREE strategies that the government may use
to ensure public participation in decision making
process regarding the CCJ in the absence of a
referendum. 6 marks
e. Explain why each of the suggestions you have made
will work. 6 marks
Total 20 marks

Recommended Materials
http://www.ziplaw.com/constitu/constitu.htm - Regarding the
constitution
http://www.caribbeancourtofjustice.org/

http://www.caricom.org/jsp/community/ccj.jsp

http://www.jcpc.gov.uk/

Bibliography
Brathwaite, S., Reynolds, P. (2004). Social Studies CSEC self study
and Distance Learning. Caribbean Examinations Council

Ruddock, L. C. and Robinson-Glanville, S. (1977). New Civics for

Young Jamaicans. Jamaica, Carlong Publishers.

Sandy, M. C., Grayson, S. C. (2004). Social Studies Essentials with

SBA, Study Guide and Exercises. Kingston: Carlong Publishers

Source:

Figure 23.1 Types of sentences handed down by the Courts

Teacher Instructional Material 15

http://t2.gstatic.com/images?q=tbn:ANd9GcSUsGE43ujIL25ImEtdjPL
Co5J1eLxc0nGqHEsu_G7bkEvfABmD
http://t2.gstatic.com/images?q=tbn:ANd9GcTJ8exFI7YANBnj_7lHhe
hGZ1jSrXJ922pzNZYYvpMrMMF0sACRig

http://3.bp.blogspot.com/_fElP1MMY2g8/S85VSNVivMI/AAAAAA
AAAEQ/S5PDfSGEBeE/s1600/lethal-injection.jpg
http://streetganglife.com/wp-
content/uploads/2011/02/LifeSentenceTN.jpg

Figure 23.2 Factors influencing the course of justice in Jamaica

http://www.cartoonstock.com/lowres/csl4800l.jpg

http://1.bp.blogspot.com/_vZAeynpJN1s/SwC1LM5iKrI/AAAAAAA
ABr8/9_onYEiYtgs/s1600/Richman2.jpg
http://www.osteoarthritisblog.com/wp-
content/uploads/2011/05/RacialDifferences.jpg
http://t1.gstatic.com/images?q=tbn:ANd9GcRQofn48bXDOSL47Hr7
OA6tsI6ImQfEJxJSANnfQ77bdj7fDV-m
http://www.officialpsds.com/images/thumbs/Cartoon-De-La-Ghetto-
psd74054.png

Web sites used in this Lesson

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