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History Forum / General / British History / January 2004Privy council ?????
There was recently an appeal to the privy council by an environmental group trying to stop construction of a dam in Belize. The privy council (I believe) ruled in favour of the Belize government and allowed them to continue construction. I know that appeals to the privy council is something that commonwealth countries can "opt in or out". But what I'm trying to find out is, what is the privy council and where does it stand in relationship to appeals to the house of Lords. Also what was it's original purpose, who instigated it, and what is it's current function and who can appeal to it. Thanks, William MacDouglas. > There was recently an appeal to the privy council by an environmental >group trying to stop construction of a dam in Belize. The privy council [quoted text clipped - 6 lines] >original purpose, who instigated it, and what is it's current function >and who can appeal to it. The Privy Council has always had a miscellany of functions which didn't fit in neatly elsewhere. The judicial function was inherited from the old Star Chamber; the conciliar courts were prohibited from hearing cases cognisable by the ordinary courts in England in the 1640s, and since then the jurisdiction has been limited to matters arising overseas (including the Channel Islands and the Isle of Man) plus a few oddments like the ecclesistical courts and the GMC. The Judicial Committee Act 1833 created a committee to act as a general-purpose court of appeal from courts in the colonies. The Committee has the right to grant "special leave" to appeal, which cannot be abrogated by a colony, although it can, of course, by an independent country. There is some information about how it works, plus a list of the countries which use it, at http://www.privy-council.org.uk/output/Page32.asp The judges who sit in the Judicial Committee are, very often, the same people who comprise the judicial House of Lords, but there is no formal connection between the two bodies.  SignatureDon Aitken Mail to the addresses given in the headers is no longer being read. To mail me, substitute "clara.co.uk" for "freeuk.com". |
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