Our History
The New Supreme Court in the U.K. was established by the constitutional Reform Act 2005, and sat for the first time in October 2009.
The Judicial Committee of the Privy Council Law Lords are now Supreme Court Justices. However, the role of the Judicial Committee of the Privy Council remains the same as it relates to the final Court of Appeal for the Commonwealth of The Bahamas.
Significance of the JCPC in The Bahamas
Article 105 of the Constitution of the Commonwealth of The Bahamas states:
"Parliament may provide for an appeal to lie from decision of the Court of Appeal established by Part 2 of this Chapter to the Judicial Committee of Her Majesty's Privy Council or to such other court as may be prescribed by Parliament under this Article, either as of right or with the leave of the said Court of Appeal, in such cases other than those referred to in Article 104(2) of this Constitution as may be prescribed by Parliament."
The Rt. Hon. The Lord Bingham of Cornhill, P.C., Senior Law lord remarked in his speech during the historical first sitting of the JCPC in the Commonwealth of The Bahamas in December 2006 that: ..."As an independent nation The Bahamas has the right to utilize its Constitution to choose another body as final appellate court... the Law Lords continue to cherish their roles and will not abandon their duties until and if such time as that were to happen. The courts have a crucial role to play and crucial duties to perform. It is the duty of the court first of all to interpret and apply the Constitution of The Bahamas. The courts must contribute to the peace, tranquility and good governance by enforcing the law, punishing proven wrongdoers and seeking to ensure that public power is exercised reasonably, fairly, honestly and for proper purposes. They must try to ensure that rights are protected and duties performed. They must underwrite the wealth and prosperity by providing that legal certainty, clarity and predictability which are the essential pre-conditions of a successful investment, commerce and finance, ever more so in a shrinking world. And the courts are guardians of the rule of law."
Lord Bingham stated that: "The importance of the Judicial Committee of the Privy Council sitting in Nassau during that time could not be overstated. The Judicial Committee of the Privy is the highest court of appeal for United Kingdom overseas territories and Crown dependencies, and for those independent Commonwealth countries, the Bahamas included, that have retained the appeal to Her Majesty in Council..."