C. The Judicature

Courts of Judicature Acts 1964

The Judicature 43 68 23

The Judicature is autonomous and administered by an Act of Parliament.

Pre independence (1947) the High Court of judicature for the premises of Punjab and Delhi was established at Lahore and was called the High Court of Judicature at Lahore.

The laws, which are applied by the different courts, which form the Judicature, fall into three broad categories

The Supreme Court referred to its previous judgement in Antonios Kourris v. The Supreme Council of Judicature (1972) 3 CLR, 390.

The High Court forms one branch of the Supreme Court of judicature of Trinidad and Tobago. It exercises criminal and civil jurisdiction.

The Constitution provides for a republican State with three arms of Government, viz., Executive, Legislature and Judicature, each forming a separate and distinct organ of the State.

An application pursuant to section 29 (1) of the Judicature (Appellate Jurisdiction) Act therefore is not a remedy the author is required to exhaust for purposes of the Optional Protocol, in this particular communication.

Cyprus, which related to the decision of the Supreme Council of Judicature itself, a non judicial body, to reject the appointment of an applicant from outside the judiciary to the post of District Court judge.

The amended Acts will come into force at the same time as the amendments to the Criminal Procedure Code, Subordinate Courts Act 1948 and the Courts of Judicature Acts 1964 which are scheduled to be tabled at the next Parliamentary session.

8.2 Concerning a re hearing of the author apos s case under section 29 (1) of the Judicature (Appellate Jurisdiction) Act, the Committee notes that although the author was not assigned legal aid for the purpose, he secured legal representation for it.

He observes that the Government of Jamaica has not made available legal aid to Mr. Hamilton to pursue his application to the Governor General pursuant to section 29 (1) of the Judicature (Appellate Jurisdiction) Act this remedy is not therefore available to him in practice.

In addition to the efforts being made by the Ministry of Public Education and the Federal Institute of Judicature within the scope of their functions, the National Commission on Human Rights (CNDH) is promoting the study, teaching and dissemination of human rights at national and international levels.

According to the author, section 49 (1) of the Judicature Act No. 2 of 1978 (as amended) stipulates that no judge shall be competent, and in no case shall any judge be compelled to exercise jurisdiction in any action, prosecution, proceedings or matter in which he is a party or is personally interested.

However, the author has not rebutted the State party's argument that the Supreme Court's judgement in Kourris v. The Supreme Council of Judicature was a binding precedent to the effect that the Supreme Council's exercise of powers is not subject to judicial review and falls outside the Supreme Court's jurisdiction under article 146 of the Constitution.