Visit UKSCThe History of the JCPC
The jurisdiction of the Judicial Committee of the Privy Council (JCPC) originated at the Norman conquest stating: “The King is the fountain of all justice throughout his Dominions, and exercises jurisdiction in his Council, which act in an advisory capacity to the Crown.”
This council or court was the ‘Curia Regis’ – the origins of the British judicial system. Subjects with grievances against the administration of justice could submit their petitions to the King, who appears to have exercised supreme appellate jurisdiction.
When Parliament developed out of this council, the majority of petitions were referred to the High Court of Parliament, which became the chief appellate tribunal. Over time, the number of petitions increased, and the Privy Council Committees were formed.
The present structure of the JCPC originated with the Judicial Committee Act 1833 as the highest court of civil and criminal appeal for the British Empire. Under the Appellate Jurisdiction Act 1876, the Law Lords became permanent judges of the court.
When the British Empire became the Commonwealth of Nations, many member countries chose to retain their legal links with the United Kingdom. Where JCPC holds jurisdiction, it is regarded as the final court of appeal for many Commonwealth countries, as well as the United Kingdom’s overseas territories, crown dependencies, and military sovereign base areas.
The JCPC can hear every kind of case: international, constitutional, civil or criminal. Over the years, rulings have been made in different kinds of law from many countries, including Roman Dutch law from South Africa, pre-revolutionary French law from Quebec, and Muslim, Buddhist and Hindu law from India.
Visit The Committee and Jurisdiction to find out more about the JCPC today.