Hon. Justice Anderson: “We Need To Have A Court In The Region That Can Interpret Our Constitutions”

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NASSAU, BAHAMAS – The Caribbean Court of Justice (CCJ) is marking 20 years of existence with a strong track record, having delivered over 400 judgments, 48 of which have been cited in Bahamian courts. Despite its success, successive Bahamian governments have resisted making the CCJ the country’s final appellate court.

The Honourable Justice Winston Anderson, a current CCJ judge and President-Designate, acknowledges the valuable role the London-based Privy Council has played in the region’s judicial affairs. However, he believes the time has come to begin what he calls “indigenizing our judicial system.”

The Bahamas remains one of several CARICOM member states that has not adopted the CCJ as its final appellate court, maintaining the Privy Council in London as the highest legal authority. Still, Justice Anderson notes that The Bahamas has shown support for the CCJ, pointing to endorsements from former chief justices and the country’s financial contributions to the court.

There is also growing evidence fueling arguments for a shift. One key example is the UK’s recent decision requiring Trinidadians to obtain a visa to enter the UK. This means, in effect, that access to the Privy Council now comes with immigration barriers, an added complication for countries that rely on it as their final court. Trinidad is notably not a member of the CCJ.

While The Bahamas is not expected to reconsider its reliance on the Privy Council any time soon, opposition to its status continues to gain traction, both regionally and at home.