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Chapter

Asserting judicial sovereignty

Chapter

Asserting judicial sovereignty

DOI link for Asserting judicial sovereignty

Asserting judicial sovereignty book

The debate over the abolition of Privy Council jurisdiction in British Africa

Asserting judicial sovereignty

DOI link for Asserting judicial sovereignty

Asserting judicial sovereignty book

The debate over the abolition of Privy Council jurisdiction in British Africa
ByBonny Ibhawoh
BookLegal Histories of the British Empire

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Edition 1st Edition
First Published 2014
Imprint Routledge
Pages 15
eBook ISBN 9781315851457

ABSTRACT

This chapter examines the polarizing debate over colonial representation and the inclusion of indigenous judges on the Judicial Committee of the Privy Council (JCPC) as it played out both in London and Britain's African colonies. For many nationalist politicians in British colonies in Africa, executive, legislative and judicial sovereignty were inextricably interlinked. Delinking from the JCPC was therefore seen as a key step in the assertion of independence and sovereignty. By the 1920s, the question of colonial appeals to the JCPC had become a key issue in British imperial politics. Dominion politicians drew attention to key procedural differences between the judicial work of the House of Lords and the Privy Council. The right of appeal to a court located overseas, made up mostly of English judges who were sometimes considered out of tune with local law and values, and was a sore point in the colonies even at the height of imperial power.

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