175-698: Appellate jurisdiction: The Caribbean Court of Justice ( CCJ or CCtJ ; Dutch : Caribisch Hof van Justitie ; French : Cour Caribéenne de Justice ) is the judicial institution of the Caribbean Community (CARICOM). Established in 2005, it is based in Port of Spain , Trinidad and Tobago . The Caribbean Court of Justice has two jurisdictions : an original jurisdiction and an appellate jurisdiction : National referendums undertaken in Antigua & Barbuda (2018), and Grenada (2018) resulted in
350-578: A common ancestor with languages such as English, German, and the Scandinavian languages . All Germanic languages are subject to the Grimm's law and Verner's law sound shifts, which originated in the Proto-Germanic language and define the basic features differentiating them from other Indo-European languages. This is assumed to have taken place in approximately the mid-first millennium BCE in
525-467: A schwa . The Middle Dutch dialect areas were affected by political boundaries. The sphere of political influence of a certain ruler often also created a sphere of linguistic influence, with the language within the area becoming more homogenous. Following the contemporary political divisions they are in order of importance: A process of standardisation started in the Middle Ages , especially under
700-601: A synod taking place in Corbridge , England , where the decisions are being written down " tam Latine quam theodisce " meaning "in Latin as well as common vernacular". According to a hypothesis by De Grauwe, In northern West Francia (i.e. modern-day Belgium) the term would take on a new meaning during the Early Middle Ages , when, within the context of a highly dichromatic linguistic landscape, it came to be
875-566: A Caribbean country as it may be difficult for judgments to be handed down based on the nuances of Caribbean society when it is unlikely that a majority of judges on the panel for a case would come from the Caribbean. As one Caribbean lawyer lobbyist (initially an opponent of the CCJ) noted: "What is the "reasonable man" test in the Caribbean? Acts of provocation in England and the Caribbean may not be
1050-715: A Supreme Court for the United Kingdom was first proposed in a consultation paper published by the Department of Constitutional Affairs in July 2003. Although the paper noted that there had been no criticism of the then-current Law Lords or any indication of an actual bias, it argued that the separation of the judicial functions of the Appellate Committee of the House of Lords from the legislative functions of
1225-533: A case-by-case basis, if doing so is necessary for evidence to be given in person and where video- or teleconferencing technology proves insufficient for the task and where the litigant may not be able to afford to appear before the seat of the court and thus be unable to adequately present his or her own case. When travelling to another country in its jurisdiction the costs are paid for by the CCJ itself including airfare, accommodations and any other expenses. The hosting state
1400-576: A comparison between the West Germanic languages, see the sections Phonology, Grammar, and Vocabulary. Dutch dialects are primarily the dialects that are both related with the Dutch language and are spoken in the same language area as the Dutch standard language . Although heavily under the influence of the standard language, some of them remain diverse and are found in the Netherlands and in
1575-467: A consequence evolve (along with Alemannic , Bavarian and Lombardic ) into Old High German. At more or less the same time the Ingvaeonic nasal spirant law, moving over Western Europe from west to east, led to the development of Old English (or Anglo-Saxon), Old Frisian and Old Saxon . Hardly influenced by either development, Old Dutch probably remained relatively close to the original language of
1750-588: A decade earlier. Phillips, the last Senior Law Lord and first President of the Supreme Court of the United Kingdom , said he would search for ways to curb the "disproportionate" time that he and his fellow senior justices spent on hearing legal appeals from independent Commonwealth countries to the Privy Council. He expressed concern that the new Supreme Court's judges would end up spending as much as 40% of their working time on Privy Council business and
1925-401: A fair trial. The Lord Neuberger of Abbotsbury , later President of the Supreme Court, expressed fear that the new court could make itself more powerful than the House of Lords committee it succeeded, saying that there is a real risk of "judges arrogating to themselves greater power than they have at the moment". The Lord Phillips of Worth Matravers said such an outcome was "a possibility", but
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#17327902767782100-506: A local final court would be necessary and beneficial to transform society in partnership with the other two branches of government. In 1990, Lord Wilberforce (Senior Law Lord from 1975 to 1982) and later in 1992 leading barrister Lord Gifford QC both called on the Commonwealth Caribbean to establish its own regional and final court of appeal. In 1999, then Senior Law Lord Lord Browne-Wilkinson described as burdensome
2275-806: A long and arduous period of planning. In March 1970, the Organisation of Commonwealth Caribbean Bar Associations (OCCBA) first raised the issue of the need to replace the Judicial Committee of the Privy Council as the court of last resort for the Commonwealth Caribbean by a regional court of appeal. Again in Jamaica, in April 1970, at the Sixth Commonwealth Caribbean Heads of Government, the Jamaican delegation tabled
2450-582: A minority language in Germany and northern France's French Flanders . Though Belgium as a whole is multilingual, three of the four language areas into which the country is divided ( Flanders , francophone Wallonia , and the German-speaking Community ) are largely monolingual, with Brussels being bilingual. The Netherlands and Belgium produce the vast majority of music , films , books and other media written or spoken in Dutch. Dutch
2625-670: A minority) and the province of Walloon Brabant . Brabantian expands into small parts in the west of Limburg while its strong influence on the East Flemish of East Flanders and eastern Zeelandic Flanders weakens towards the west. In a small area in the northwest of North Brabant ( Willemstad ), Hollandic is spoken. Conventionally, the Kleverlandish dialects are distinguished from Brabantian, but there are no objective criteria apart from geography to do so. Over 5 million people live in an area with some form of Brabantian being
2800-568: A municipal court of last resort, it exercises an appellate jurisdiction, as a final court of appeal for CARICOM member states, replacing the Judicial Committee of the Privy Council (JCPC) for Anglophone member states. In the exercise of its appellate jurisdiction, the CCJ hears appeals from common law courts within the jurisdictions of parties to the Agreement Establishing the CCJ, and is the highest municipal court in
2975-424: A national level or previously taught law for 15 years or more. At least one member of the panel is required to be an expert in international law and one judge is also required to be from the civil law tradition, reflecting the presence of civil law jurisdictions such as Suriname and Haiti. Initially being created as a replacement for the Privy Council or JCPC, and later being tasked with the original jurisdiction over
3150-420: A number of closely related, mutually intelligible dialects spoken in the former Old Dutch area. Where Old Dutch fragments are very hard to read for untrained Modern Dutch speakers, the various literary works of Middle Dutch are somewhat more accessible. The most notable difference between Old and Middle Dutch is in a feature of speech known as vowel reduction , whereby vowels in unstressed syllables are leveled to
3325-579: A political border, because the traditional dialects are strongly influenced by the national standard varieties. While a somewhat heterogeneous group of Low Franconian dialects, Limburgish has received official status as a regional language in the Netherlands and Germany, but not in Belgium. Due to this official recognition, it receives protection by chapter 2 of the European Charter for Regional or Minority Languages . Afrikaans , although to
3500-488: A proposal on setting up a regional Court of Appeal and the heads further agreed to take action on relinquishing the Privy Council as the Anglophone Caribbean's final appeal court and mandated a committee of CARICOM attorneys-general to further explore the question of the establishment of what was then being called a "Caribbean Court of Appeal". Further to the perceived need for an indigenous, regional court as
3675-543: A prospective judge's individual application. Once a judge is appointed, they are allowed to hold office until the age of 72, but are allowed to continue in office, if necessary for a further three months in order to deliver a judgment or to do any other thing in proceedings that he or she has heard. During the evolutionary phase of the Court (that is until the full complement of 9 Judges plus the President have been appointed),
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#17327902767783850-413: A result, Nederduits no longer serves as a synonym for the Dutch language. In the 19th century, the term " Diets " was revived by Dutch linguists and historians as well, as a poetic name for Middle Dutch and its literature . Old Dutch can be discerned more or less around the same time as Old English (Anglo-Saxon), Old High German , Old Frisian , and Old Saxon . These names are derived from
4025-509: A result, when West Flemings try to talk Standard Dutch, they are often unable to pronounce the g-sound, and pronounce it similar to the h-sound. This leaves, for example, no difference between " held " (hero) and " geld " (money). Or in some cases, they are aware of the problem, and hyper-correct the "h" into a voiced velar fricative or g-sound, again leaving no difference. The West Flemish variety historically spoken in adjacent parts in France
4200-522: A significant degree mutually intelligible with Dutch, is usually not considered a dialect but instead a separate standardised language . It is spoken in South Africa and Namibia. As a daughter language of 17th-century Dutch dialects, Afrikaans evolved in parallel with modern Dutch, but was influenced by various other languages in South Africa. West Frisian ( Westerlauwers Fries ), along with Saterland Frisian and North Frisian , evolved from
4375-471: A singular and collective "voice of the court" as the ECJ and the CCJ's original opinions do, and the practice is in keeping with the normal procedures of municipal courts. This may actually aid in providing transparency to the regional court operating in an environment where many of its citizens are distrustful of their local judiciaries. By contrast, judgments or advisory opinions under the original jurisdiction of
4550-479: A somewhat different development since the late Middle Ages. Two dialect groups have been given the official status of regional language (or streektaal ) in the Netherlands. Like several other dialect groups, both are part of a dialect continuum that continues across the national border. The Dutch Low Saxon dialect area comprises the provinces of Groningen , Drenthe and Overijssel , as well as parts of
4725-424: A source language, mainly for law and history students. In Indonesia this involves about 35,000 students. Unlike other European nations, the Dutch chose not to follow a policy of language expansion amongst the indigenous peoples of their colonies. In the last quarter of the 19th century, however, a local elite gained proficiency in Dutch so as to meet the needs of expanding bureaucracy and business. Nevertheless,
4900-616: A tribunal of last resort in civil and criminal cases, other factors eventually led to the strong support for the creation of a judicial arm of the CARICOM. In 1972 consideration was being given by the OCCBA for the proposed Caribbean Court of Appeal to serve as both a municipal court of last resort and an international tribunal to adjudicate disputes between CARICOM member states. In 1989 the West Indian Commission established by
5075-552: A unique prestige dialect and has a large dialectal continuum consisting of 28 main dialects, which can themselves be further divided into at least 600 distinguishable varieties. In the Netherlands, the Hollandic dialect dominates in national broadcast media while in Flanders Brabantian dialect dominates in that capacity, making them in turn unofficial prestige dialects in their respective countries. Outside
5250-537: Is kantor , handdoek "towel" in Indonesian is handuk , or bushalte "bus stop" in Indonesian is halte bus . In addition, many Indonesian words are calques of Dutch; for example, rumah sakit "hospital" is calqued on the Dutch ziekenhuis (literally "sickhouse"), kebun binatang "zoo" on dierentuin (literally "animal garden"), undang-undang dasar "constitution" from grondwet (literally "ground law"). These account for some of
5425-631: Is Sranan Tongo , spoken natively by about a fifth of the population. Supreme Court of the United Kingdom The Supreme Court of the United Kingdom ( initialism : UKSC ) is the final court of appeal in the United Kingdom for all civil cases and for criminal cases originating in England , Wales and Northern Ireland . As the United Kingdom's highest appellate court for these matters, it hears cases of
Caribbean Court of Justice - Misplaced Pages Continue
5600-466: Is a calque of the aforementioned Roman province Germania Inferior and an attempt by early Dutch grammarians to give their language more prestige by linking it to Roman times. Likewise, Hoogduits ("High German") and Overlands ("Upper-landish") came into use as a Dutch exonym for the various German dialects used in neighboring German states. Use of Nederduytsch was popular in the 16th century but ultimately lost out over Nederlands during
5775-544: Is a monocentric language , at least what concerns its written form, with all speakers using the same standard form (authorised by the Dutch Language Union ) based on a Dutch orthography defined in the so-called " Green Booklet " authoritative dictionary and employing the Latin alphabet when writing; however, pronunciation varies between dialects. Indeed, in stark contrast to its written uniformity, Dutch lacks
5950-519: Is actually difficult to determine with one 2009 estimate having ninety-five jurists, of which only three were Caribbean judges. The primary decision makers in the JCPC's pool are the privy councillors who also serve as judges on the Supreme Court of the United Kingdom and tend to be the only ones listed on the JCPC's website. No Caribbean judges, however, have sat on the JCPC since 2009 when the JCPC
6125-467: Is also an official language of several international organisations, such as the European Union , Union of South American Nations and the Caribbean Community . At an academic level, Dutch is taught in about 175 universities in 40 countries. About 15,000 students worldwide study Dutch at university. In Europe, Dutch is the majority language in the Netherlands (96%) and Belgium (59%) as well as
6300-534: Is expected to provide a location for the Court to sit (as with the JCPC) and to provide ground transportation and security for the Court (as with the JCPC). Thus far the CCJ has sat on cases in Barbados, Belize, Guyana, Jamaica and in its seat of Trinidad and Tobago. Due to the differences in costs, the JCPC has only been truly practically accessible to certain death row inmates or very wealthy individuals. Additionally,
6475-587: Is found in the Salic law . In this Frankish document written around 510 the oldest Dutch sentence has been identified: Maltho thi afrio lito ("I say to you, I free you, serf") used to free a serf. Another old fragment of Dutch is Visc flot aftar themo uuatare ("A fish was swimming in the water"). The oldest conserved larger Dutch text is the Utrecht baptismal vow (776–800) starting with Forsachistu diobolae ... ec forsacho diabolae (litt.: "Forsake you
6650-663: Is intended to be such an authoritative institution." The official inauguration was held in Queen's Hall, Port of Spain , Trinidad and Tobago , on Saturday 16 April 2005. The first case heard by the CCJ was in August 2005 and was to settle a "decade-long" libel court case from Barbados. Barbados and Guyana acceded to the CCJ's appellate jurisdiction in 2005, with Belize joining them in June 2010, and Dominica in March 2015. The reasons given for
6825-522: Is mostly Germanic; it incorporates slightly more Romance loans than German, but far fewer than English. In Belgium, the Netherlands and Suriname, the native official name for Dutch is Nederlands (historically Nederlandsch before the Dutch orthographic reforms ). Sometimes Vlaams (" Flemish ") is used as well to describe Standard Dutch in Flanders , whereas Hollands (" Hollandic ")
7000-463: Is not established to operate as an itinerant court, the JCPC has maintained that it is willing to consider sitting outside the UK, but only where it receives an official invitation to do so from the chief judge and the government of the country or territory concerned, and where the full costs of the JCPC (that is airfare, travel, accommodations and other relevant costs) are covered by the hosts, and where there
7175-590: Is not overturned by the declaration, and neither Parliament nor the government is required to agree with any such declaration. However, if they do accept a declaration, ministers can exercise powers under section 10 of the Human Rights Act to amend the legislation by statutory instrument to remove the incompatibility or ask Parliament to amend the legislation. As authorised by the Constitutional Reform Act 2005 , Part 3, Section 23(1),
Caribbean Court of Justice - Misplaced Pages Continue
7350-487: Is occasionally used as a colloquial term for the standard language in the central and northwestern parts of the Netherlands. English uses the adjective Dutch as a noun for the language of the Netherlands and Flanders. The word is derived from Proto-Germanic *þiudiskaz . The stem of this word, *þeudō , meant "people" in Proto-Germanic, and *-iskaz was an adjective-forming suffix, of which -ish
7525-569: Is so distinct that it might be considered as a separate language variant, although the strong significance of language in Belgian politics would prevent the government from classifying them as such. An oddity of the dialect is that, the voiced velar fricative (written as "g" in Dutch) shifts to a voiced glottal fricative (written as "h" in Dutch), while the letter "h" becomes mute (like in French). As
7700-585: Is sometimes called French Flemish and is listed as a French minority language . However, only a very small and aging minority of the French-Flemish population still speaks and understands West Flemish. Hollandic is spoken in Holland and Utrecht , though the original forms of this dialect (which were heavily influenced by a West Frisian substratum and, from the 16th century on, by Brabantian dialects ) are now relatively rare. The urban dialects of
7875-637: Is spoken in Limburg (Belgium) as well as in the remaining part of Limburg (Netherlands) and extends across the German border. West Flemish ( Westvlaams ) is spoken in West Flanders , the western part of Zeelandic Flanders and also in French Flanders , where it virtually became extinct to make way for French. The West Flemish group of dialects, spoken in West Flanders and Zeeland ,
8050-503: Is sufficient work to justify such a visit. Such sufficient work might involve hearing cases from other neighbouring or nearby territories or countries in which case litigants from the other territories would have to incur the cost of travel and litigation to the country actually hosting the JCPC. By contrast, as expressly provided for in the Agreement establishing the CCJ, the CCJ is willing to sit in any country within its jurisdiction on
8225-595: Is taught in various educational centres in Indonesia, the most important of which is the Erasmus Language Centre (ETC) in Jakarta . Each year, some 1,500 to 2,000 students take Dutch courses there. In total, several thousand Indonesians study Dutch as a foreign language. Owing to centuries of Dutch rule in Indonesia, many old documents are written in Dutch. Many universities therefore include Dutch as
8400-662: Is the Modern English form. Theodiscus was its Latinised form and used as an adjective referring to the Germanic vernaculars of the Early Middle Ages . In this sense, it meant "the language of the common people". The term was used as opposed to Latin , the non -native language of writing and the Catholic Church . It was first recorded in 786, when the Bishop of Ostia writes to Pope Adrian I about
8575-404: Is the case with the ( standardised ) West Frisian language . It is spoken alongside Dutch in the province of Friesland . Dutch dialects and regional languages are not spoken as often as they used to be, especially in the Netherlands. Recent research by Geert Driessen shows that the use of dialects and regional languages among both Dutch adults and youth is in heavy decline. In 1995, 27 percent of
8750-542: Is the final court of appeal in the UK for civil cases, and for criminal cases from England, Wales and Northern Ireland. It hears cases of the greatest public or constitutional importance affecting the whole population. The Supreme Court hears appeals (i) in England and Wales, from the Court of Appeal (Civil Division), the Court of Appeal (Criminal Division) and (ii) in Scotland from the Court of Session . The Supreme Court
8925-823: Is the highest court of appeal in relation to Scottish civil cases. However, the High Court of Justiciary is the highest court of appeal in relation to Scottish criminal cases. The Supreme Court also determines devolution issues (as defined by the Scotland Act 1998 , the Northern Ireland Act 1998 and the Government of Wales Act 2006 ). These are legal proceedings about the powers of the three devolved administrations—the Northern Ireland Executive and Northern Ireland Assembly ,
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#17327902767789100-448: Is the native language of the majority of the population of Suriname , and spoken as a second or third language in the polyglot Caribbean island countries of Aruba , Curaçao and Sint Maarten . All these countries have recognised Dutch as one of their official languages, and are involved in one way or another in the Dutch Language Union . The Dutch Caribbean municipalities ( St. Eustatius , Saba and Bonaire ) have Dutch as one of
9275-473: Is the need for the Caribbean (and other Commonwealth countries) to take care of its own affairs. In fact, the Privy Council has often been willing to accept findings by Caribbean courts on local matters because they recognize that such courts are more familiar with Caribbean matters. The Caribbean Court of justice currently consists of 7 Judges (including the President), though under the Agreement establishing
9450-474: Is the sole official language, and over 60 percent of the population speaks it as a mother tongue . Dutch is the obligatory medium of instruction in schools in Suriname, even for non-native speakers. A further twenty-four percent of the population speaks Dutch as a second language . Suriname gained its independence from the Netherlands in 1975 and has been an associate member of the Dutch Language Union since 2004. The lingua franca of Suriname, however,
9625-413: The 2006 New Zealand census , 26,982 people, or 0.70 percent of the total population, reported to speak Dutch to sufficient fluency that they could hold an everyday conversation. In contrast to the colonies in the East Indies , from the second half of the 19th century onwards, the Netherlands envisaged the expansion of Dutch in its colonies in the West Indies . Until 1863, when slavery was abolished in
9800-413: The Bergakker inscription , found near the Dutch city of Tiel , which may represent a primary record of 5th-century Frankish. Although some place names recorded in Roman texts such as vadam (modern Dutch: wad , English: "mudflat"), could arguably be considered as the oldest single "Dutch" words, the Bergakker inscription yields the oldest evidence of Dutch morphology. However, interpretations of
9975-400: The Brussels and Flemish regions of Belgium . The areas in which they are spoken often correspond with former medieval counties and duchies. The Netherlands (but not Belgium) distinguishes between a dialect and a streektaal (" regional language "). Those words are actually more political than linguistic because a regional language unites a large group of very different varieties. Such is
10150-495: The High German consonant shift , does not use Germanic umlaut as a grammatical marker, has largely abandoned the use of the subjunctive , and has levelled much of its morphology , including most of its case system . Features shared with German, however, include the survival of two to three grammatical genders – albeit with few grammatical consequences – as well as the use of modal particles , final-obstruent devoicing , and (similar) word order . Dutch vocabulary
10325-492: The House of Lords should be made explicit. The paper noted the following concerns: The main argument against a new Supreme Court was that the previous system had worked well and kept costs down. Reformers expressed concern that this second main example of a mixture of the legislative, judicial and executive might conflict with professed values under the Universal Declaration of Human Rights . Officials who make or execute laws have an interest in court cases that put those laws to
10500-431: The Low Countries , its meaning being largely implicitly provided by the regional orientation of medieval Dutch society: apart from the higher echelons of the clergy and nobility, mobility was largely static and hence while "Dutch" could by extension also be used in its earlier sense, referring to what today would be called Germanic dialects as opposed to Romance dialects , in many cases it was understood or meant to refer to
10675-473: The Low Franconian languages, paired with its sister language Limburgish or East Low Franconian. Its closest relative is the mutually intelligible daughter language Afrikaans. Other West Germanic languages related to Dutch are German , English and the un-standardised languages Low German and Yiddish . Dutch stands out in combining some Ingvaeonic characteristics (occurring consistently in English and Frisian and reduced in intensity from west to east over
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#173279027677810850-476: The Randstad , which are Hollandic dialects, do not diverge from standard Dutch very much, but there is a clear difference between the city dialects of Rotterdam , The Hague , Amsterdam and Utrecht . In some rural Hollandic areas more authentic Hollandic dialects are still being used, especially north of Amsterdam. Another group of dialects based on Hollandic is that spoken in the cities and larger towns of Friesland , where it partially displaced West Frisian in
11025-454: The Scottish Government and the Scottish Parliament , the Welsh Government and Senedd . Devolution issues were previously heard by the Judicial Committee of the Privy Council and most are about compliance with rights under the European Convention on Human Rights, brought into national law by the Devolution Acts and the Human Rights Act 1998. On rare occasions the court may have original jurisdiction, normally in cases relating to contempt of
11200-406: The Southern Netherlands (now Belgium and Luxembourg), developments were different. Under subsequent Spanish , Austrian and French rule , the standardisation of Dutch language came to a standstill. The state, law, and increasingly education used French, yet more than half the Belgian population were speaking a variety of Dutch. In the course of the 19th century, the Flemish Movement stood up for
11375-431: The antonym of *walhisk (Romance-speakers, specifically Old French ). The word, now rendered as dietsc (Southwestern variant) or duutsc (Central and Northern Variant), could refer to the Dutch language itself, as well as a broader Germanic category depending on context. During the High Middle Ages " Dietsc / Duutsc " was increasingly used as an umbrella term for the specific Germanic dialects spoken in
11550-471: The continental West Germanic plane) with dominant Istvaeonic characteristics, some of which are also incorporated in German. Unlike German, Dutch (apart from Limburgish) has not been influenced at all by the south to north movement of the High German consonant shift and had some changes of its own. The cumulation of these changes resulted over time in separate, but related standard languages with various degrees of similarities and differences between them. For
11725-434: The differences in vocabulary between Indonesian and Malay. Some regional languages in Indonesia have some Dutch loanwords as well; for example, Sundanese word Katel or "frying pan" origin in Dutch is " ketel ". The Javanese word for "bike/ bicycle " " pit " can be traced back to its origin in Dutch " fiets ". The Malacca state of Malaysia was also colonized by the Dutch in its longest period that Malacca
11900-429: The judicial functions of the House of Lords , which had been exercised by the Lords of Appeal in Ordinary (commonly called " Law Lords "), the 12 judges appointed as members of the House of Lords to carry out its judicial business as the Appellate Committee of the House of Lords . Its jurisdiction over devolution matters had previously been exercised by the Judicial Committee of the Privy Council . The creation of
12075-524: The pre-Roman Northern European Iron Age . The Germanic languages are traditionally divided into three groups: East (now extinct), West , and North Germanic. They remained mutually intelligible throughout the Migration Period . Dutch is part of the West Germanic group, which also includes English, Scots , Frisian , Low German (Old Saxon) and High German . It is characterised by a number of phonological and morphological innovations not found in North or East Germanic. The West Germanic varieties of
12250-459: The 14th to 15th century onward, its urban centers ( Deventer , Zwolle , Kampen , Zutphen and Doesburg ) have been increasingly influenced by the western written Dutch and became a linguistically mixed area. From the 17th century onward, it was gradually integrated into the Dutch language area. Dutch Low Saxon used to be at one end of the Low German dialect continuum . However, the national border has given way to dialect boundaries coinciding with
12425-476: The 16th century and is known as Stadsfries ("Urban Frisian"). Hollandic together with inter alia Kleverlandish and North Brabantian , but without Stadsfries, are the Central Dutch dialects . Brabantian is named after the historical Duchy of Brabant , which corresponded mainly to the provinces of North Brabant and southern Gelderland , the Belgian provinces of Antwerp and Flemish Brabant , as well as Brussels (where its native speakers have become
12600-688: The 7th century. It was replaced in France by Old French (a Romance language with a considerable Old Frankish influence). However, the Old Franconian language did not die out at large, as it continued to be spoken in the Low Countries, and subsequently evolved into what is now called Old Low Franconian or Old Dutch in the Low Countries. In fact, Old Frankish could be reconstructed from Old Dutch and Frankish loanwords in Old French. The term Old Dutch or Old Low Franconian refers to
12775-591: The Agreement Establishing the Caribbean Court of Justice. The agreement was signed on that date by the CARICOM states of: Antigua and Barbuda ; Barbados; Belize; Grenada; Guyana; Jamaica; Saint Kitts and Nevis ; Saint Lucia; Suriname; and Trinidad and Tobago. Two further states, Dominica and Saint Vincent and the Grenadines , signed the agreement on 15 February 2003, bringing the total number of signatories to 12. The Bahamas and Haiti, though full members of
12950-523: The CARICOM has restructured itself to include such elements as are characteristic of the modern democratic state, viz., executive (CARICOM Heads of Government and the Community Council), legislative (Assembly of Caribbean Community Parliamentarians – established before the revised treaty and now moribund) and judicial (CCJ) arms. The Caribbean Court of Justice (CCJ) is the Caribbean regional judicial tribunal established on 14 February 2001, by
13125-400: The CARICOM has successfully pushed for visa free access by CARICOM nationals (except Haitians for now) to other member states, no citizen of any country that currently has the JCPC as its final court would need to apply for and exhaust financial resources obtaining a visa to travel to the seat of the CCJ or to any other state where the CCJ may sit. And by virtue of distance, travel to the seat of
13300-598: The CARICOM heads of government endorsed this proposed hybrid jurisdiction without qualification. As Duke Pollard, then director of the Caricom Legislative Drafting Facility, wrote in 2000: "the old Treaty of Chaguaramas provided for arbitration in the event of disputes concerning the interpretation and application of the Treaty. Unfortunately, however, the arbitral procedure was never used and serious disputes were never settled, thereby causing
13475-460: The CARICOM, are not yet signatories, and because of Montserrat 's status as a British territory , they must await Instruments of Entrustment from the UK in order to ratify. The Agreement Establishing the Caribbean Court of Justice came into force on 23 July 2003, and the CCJ was inaugurated on 16 April 2005 in Port of Spain, Trinidad & Tobago, the seat of the Court. The birth of the CCJ came after
13650-476: The CCJ for cases, although at times all the eligible judges have sat for a case. A major difference though is in the pool of eligible justices from which the deciding panel is called. For the JCPC has no explicit limit on the number of eligible jurists, while for the CCJ the initial limit is nine judges other than the president (though this limit may be increased by the agreement of all the member states). The actual number of judges eligible for JCPC at any given time
13825-560: The CCJ in Trinidad, is much cheaper than travel to the UK. In fact physical travel to the seat of the CCJ itself in some cases is not necessary as the court itself (like the JCPC) is itinerant and (unlike the JCPC), the CCJ makes extensive use of electronic and teleconferencing facilities to reduce the cost to litigants. The CCJ has an e-filing system (which has been hailed as "impressive") that makes provision for all court filing to be carried out electronically specifically in order to reduce to
14000-424: The CCJ, the Court's willingness to grant in forma pauperis and having a wider field of law to hear appeals on has enabled the CCJ to hear types of cases from the region that the JCPC has never known. Although limited to only four states in its appellate jurisdiction at the moment, so far citizens of those states have been accessing the Court more than they did the JCPC. For Barbados there were eight appeals heard by
14175-403: The CCJ. Gifford also said that his arguments in support of the CCJ were strictly practical and not based on the Privy Council's composition or being a "colonial relic". Thus it would seems that for at least some of members of the JCPC, geographical and psychological distance (often raised as necessary for greater objectivity and impartiality) does not seem to be an issue and what is more important
14350-514: The Caribbean region. Several politicians also lamented that the Caribbean nations are the only remaining region of the former British Empire still to rely on the British court system for appeals. Paradoxically, even as some within the Caribbean oppose switching from the Privy Council to the CCJ over fears of lessened impartiality by CCJ judges not as far removed from the region as the Privy Council judges, senior British legal figures (often members of
14525-400: The Caribbean. Thus different decisions have been more likely to be rendered for similar fact patterns, creating inconsistencies in how laws are interpreted across the region. The CCJ's structure and appellate jurisdiction, however, address this issue by providing a forum for the creation of jurisprudence in the gap in Caribbean law where the JCPC was never able to rule upon while also ruling on
14700-408: The Court are published in a single judgment of the court once the majority of judges have reached a conclusion after final deliberation. No other judgments or opinions are permitted to be given or delivered. This is in keeping with the practice of the ECJ and EFTA Court as international courts. Although there is no ratio or quota for judges based on sex or nationality, most CCJ judges previously sat at
14875-529: The Court) from candidates who have distinguished themselves in their careers either practicing or teaching law for at least fifteen years or being Judges of a court of unlimited jurisdiction in civil and criminal cases for at least five years. The candidates must have practiced or taught law, or been a judge, in at least one of the following: The RJLSC does not and is not allowed to consider potential judges by recommendations from contracting member states, but only by
15050-417: The Dutch adult population spoke a dialect or regional language on a regular basis, but in 2011, that was no more than 11 percent. In 1995, 12 percent of children of primary school age spoke a dialect or regional language, but in 2011, that had declined to four percent. Of the officially recognised regional languages Limburgish is spoken the most (in 2011 among adults 54%, among children 31%) and Dutch Low Saxon
15225-490: The Dutch government remained reluctant to teach Dutch on a large scale for fear of destabilising the colony. Dutch, the language of power, was supposed to remain in the hands of the leading elite. After independence, Dutch was dropped as an official language and replaced by Indonesian , but this does not mean that Dutch has completely disappeared in Indonesia: Indonesian Dutch , a regional variety of
15400-415: The Dutch standard language is largely absent, and speakers of these Dutch dialects will use German or French in everyday speech. Dutch is not afforded legal status in France or Germany, either by the central or regional public authorities, and knowledge of the language is declining among younger generations. As a foreign language , Dutch is mainly taught in primary and secondary schools in areas adjacent to
15575-531: The Dutch standard language, it is not mutually intelligible with Dutch and considered a sister language of Dutch, like English and German. Approximate distribution of native Dutch speakers worldwide: Dutch is an official language of the Netherlands proper (not enshrined in the constitution but in administrative law ), Belgium, Suriname, the Dutch Caribbean municipalities (St. Eustatius, Saba and Bonaire), Aruba , Curaçao and Sint Maarten . Dutch
15750-408: The Dutch, was still spoken by about 500,000 half-blood in Indonesia in 1985. Yet the Indonesian language inherited many words from Dutch: words for everyday life as well as scientific and technological terms. One scholar argues that 20% of Indonesian words can be traced back to Dutch words, many of which are transliterated to reflect phonetic pronunciation e.g. kantoor "office" in Indonesian
15925-417: The ECJ and EFTA Court), cases between member states, between CARICOM nationals, or between nationals and the state are all justiciable under the CCJ. Appellate decisions of the court are delivered with signed majority opinions, concurrences and dissenting opinions, as well as a record of which judges voted for the ruling and which voted against it. As a result, CCJ appellate opinions do not shield judges behind
16100-540: The EU with an agreement had opposed the prorogation. In 2022, the Supreme Court ruled on whether the Scottish Parliament had the power to legislate for a second independence referendum . In the case, the five-judge panel unanimously found that Scotland did not have the right to organise a referendum without the permission of Westminster, as questions around independence qualify as "reserved matters" (reserved to
16275-553: The European Convention on Human Rights. One of the most important cases presented to the Supreme Court was the joint cases of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland , known as Miller/Cherry , on Boris Johnson's unlawful prorogation (suspension) of Parliament, to suppress debate in anticipation of Britain's withdrawal from the European Union, "frustrating or preventing
16450-602: The Franks. However, the language did experience developments of its own, such as very early final-obstruent devoicing . In fact, the find at Bergakker indicates that the language may already have experienced this shift during the Old Frankish period. Attestations of Old Dutch sentences are extremely rare. The language is mostly recorded on fragmentary relics, and words have been reconstructed from Middle Dutch and loan words from Old Dutch in other languages. The oldest recorded
16625-514: The Grenadines into a republic. The CCJ is intended to be a hybrid institution: a municipal court of last resort and an international court vested with original, compulsory and exclusive jurisdiction in respect of the interpretation and application of the Revised Treaty of Chaguaramas. In the exercise of this original jurisdiction, the CCJ discharges the functions of an international tribunal, applying rules of international law in respect of
16800-429: The JCPC does have jurisdictional limitations unrelated to the cost of appeal. The JCPC functions as a final appellate court in very restricted manner. Under the common law, the right of appeal does not exist for all cases and instead must be specially conferred. This is done consequently as appeals "as of right" and "as of leave" (where leave is required by the local Court of Appeal or the JCPC itself). Firstly, appeals to
16975-829: The JCPC in 1970, since adopting the CCJ, appeals to that Court have been exponentially increasing. In the aftermath of the collapse of the Federation of the West Indies (and with it the Federal Supreme Court ), which had lasted a mere four years, from 1958 to 1962, the Anglophone continental and insular Caribbean states formed the CARIFTA (the Caribbean Free Trade Association), with a view to maintaining an economic link among
17150-535: The JCPC in civil proceedings lie at the discretion of the local court where the case at hand is one of 'great general public importance or otherwise ought to be submitted to Her Majesty in Council for decision' and where an amount or in dispute or claim (including property) is of, or exceeds, the prescribed statutory value. In criminal matters, the JCPC will not intervene unless it can be demonstrated that some serious miscarriage of justice has occurred through violation of
17325-465: The JCPC in the five years immediately prior to Barbados' accession to the appellate jurisdiction of the CCJ. In the five years that followed immediate after the switch to the CCJ, twelve appeals were heard from Barbados. Belize saw appeals roughly twice per year to the JCPC before switching to the CCJ in 2010 and subsequently saw 12 appeals in the four years since the first appeal to the CCJ from Belize in mid 2011. While Guyana originally abolished appeals to
17500-455: The JCPC itself) have expressed support for a regional court for the Caribbean. As far back as 1828, the man responsible for remodelling the Judicial Committee of the Privy Council, Lord Brougham , had raised the issue of removing colonies from the Privy Council's jurisdiction. He opined that due to the distance of the colonies from the UK and the immense variety of matters arising from them which would be foreign to British habits, that any court in
17675-576: The Netherlands and Flanders . In French-speaking Belgium , over 300,000 pupils are enrolled in Dutch courses, followed by over 23,000 in the German states of Lower Saxony and North Rhine-Westphalia , and about 7,000 in the French region of Nord-Pas-de-Calais (of which 4,550 are in primary school). At an academic level, the largest number of faculties of neerlandistiek can be found in Germany (30 universities), followed by France (20 universities) and
17850-412: The Netherlands and Belgium, the dialect spoken in and around the German town of Kleve ( Kleverlandish ) is historically and genetically a Low Franconian variety. In North-Western France, the area around Calais was historically Dutch-speaking (West Flemish), of which an estimated 20,000 are daily speakers. The cities of Dunkirk , Gravelines and Bourbourg only became predominantly French-speaking by
18025-539: The Netherlands, although there are recognisable differences in pronunciation, comparable to the pronunciation differences between standard British and standard American English. In 1980 the Netherlands and Belgium concluded the Language Union Treaty . This treaty lays down the principle that the two countries must gear their language policy to each other, among other things, for a common system of spelling. Dutch belongs to its own West Germanic sub-group,
18200-510: The President) before such an increase can be effected by the agreement of the member states. Removal of a Judge by the RJLSC occurs only after the question of the removal of a Judge has been referred by the RJLSC to a tribunal and the tribunal has subsequently advised that the Judge should be removed for misbehaviour or an inability to carry out the duties of a Judge. Under the Agreement establishing
18375-406: The President. To avoid a tie, all cases are heard by a panel containing an odd number of justices. Thus, the largest possible panel for a case is 11 justices. To date, there have been only two cases (both involving matters of major constitutional importance) heard by 11 justices: the case of R (Miller) v Secretary of State for Exiting the European Union (argued in 2016 and decided in 2017) and
18550-485: The RJLSC may extend the tenure of a Judge until the age of 75. Dutch language Dutch ( endonym : Nederlands [ˈneːdərlɑnts] ) is a West Germanic language of the Indo-European language family , spoken by about 25 million people as a first language and 5 million as a second language and is the third most spoken Germanic language. In Europe, Dutch is the native language of most of
18725-476: The Supreme Court is much more limited in its powers of judicial review than the constitutional or supreme courts of some other countries such as the United States , Canada and Australia . It cannot overturn any primary legislation made by Parliament . However, as with any law court in the UK, it can overturn secondary legislation if, for an example, that legislation is found to be ultra vires to
18900-509: The Supreme Court of the United Kingdom was formally established on 1 October 2009 and is a non-ministerial government department of the Government of the United Kingdom . Section 23 of the Constitutional Reform Act limits the number of judges on the Court to 12, though it also allows for this rule to be amended, to further increase the number of judges, if a resolution is passed in both Houses of Parliament. It assumed
19075-417: The Supreme Court, such as Proceedings for Contempt: Mr Tim Crosland and its appeal case HM Attorney General v Crosland . The twelve justices do not all hear every case. Unless there are circumstances requiring a larger panel, a case is usually heard by a panel of five justices. More than five justices may sit on a panel where the case is of "high constitutional importance" or "great public importance"; if
19250-417: The UK , and for these citizens the cost of a UK visa would range from £85 to £737 (or US$ 131 to US$ 1,138) depending on the type of visitor visa applied for. Regardless of whether or not a visa is required, all litigants would also have to pay for accommodation and any other necessary expenses in the UK for the duration of the litigation. All of this adds up as a very expensive appeals process; one estimate placed
19425-668: The UK during the 1960s. This signing was the starter's signal for a more mature, though at times slow and halting, process of regional integration among the states of the Commonwealth Caribbean. In 2001, the Conference of Heads of Government of the Caribbean Community, at their 22nd meeting in Nassau, the Bahamas, signed the Revised Treaty of Chaguaramas (RTC), rebranding the Caribbean Community and Common Market to include
19600-413: The UK would be extremely inadequate for the colonies. Lord Brougham's sentiments were echoed nearly 200 years later in 2003 by Lord Hoffman , a Law Lord from 1995 to 2009, when he noted that although the Privy Council had done its best to serve the Caribbean and had effected improvements in the administration of justice, the remoteness of the court from the community served as a handicap. In his own view
19775-610: The United Kingdom (5 universities). Despite the Dutch presence in Indonesia for almost 350 years, as the Asian bulk of the Dutch East Indies , the Dutch language has no official status there and the small minority that can speak the language fluently are either educated members of the oldest generation, or employed in the legal profession such as historians, diplomats, lawyers, jurists and linguists/polyglots, as certain law codes are still only available in Dutch. Dutch
19950-561: The West Indies, slaves were forbidden to speak Dutch, with the effect that local creoles such as Papiamento and Sranan Tongo which were based not on Dutch but rather other European languages, became common in the Dutch West Indies. However, as most of the people in the Colony of Surinam (now Suriname ) worked on Dutch plantations, this reinforced the use of Dutch as a means for direct communication. In Suriname today, Dutch
20125-661: The area known as the Low Countries goes back further in time, with the Romans referring to the region as Germania Inferior ("Lower" Germania). It is a reference to the Low Countries' downriver location at the Rhine–Meuse–Scheldt delta near the North Sea . From 1551, the designation Nederlands received strong competition from the name Nederduytsch (literally "Low Dutch", Dutch being used in its archaic sense covering all continental West Germanic languages). It
20300-419: The area of law the JCPC specializes in. In the three years following the CCJ's inauguration, civil appeals petitioned to the court outnumbered criminal appeals by nearly seven to one, with half of the civil appeals coming from appellants the CCJ deemed too poor to pay for the filing costs. By contrast, under the JCPC, civil appeals have never outnumbered criminal appeals. This combination of lower litigant cost for
20475-405: The average total cost between US$ 57,000 and US$ 87,500. Given the generally low number of appeals coming from the smaller CARICOM states and sometimes from larger CARICOM states such as Jamaica, in effect the local courts of appeal are the courts of last resort for the majority of CARICOM litigants who cannot afford to take their appeals to the JCPC and must therefore be satisfied with the judgments of
20650-624: The borders of other standard language areas. In most cases, the heavy influence of the standard language has broken the dialect continuum . Examples are the Gronings dialect spoken in Groningen as well as the closely related varieties in adjacent East Frisia (Germany). Kleverlandish is a dialect spoken in southern Gelderland , the northern tip of Limburg , and northeast of North Brabant (Netherlands), but also in adjacent parts of North Rhine-Westphalia (Germany). Limburgish ( Limburgs )
20825-401: The case raises "an important point in relation to the European Convention on Human Rights"; if the case involves a conflict of decisions among the House of Lords, Judicial Committee of the Privy Council , or Supreme Court; or if the Court "is being asked to depart, or may decide to depart from" its (or the House of Lords') previous precedent. The composition of panels is ultimately determined by
21000-479: The case with the Gronings dialect , which is considered a variety of the Dutch Low Saxon regional language, but it is relatively distinct from other Dutch Low Saxon varieties. Also, some Dutch dialects are more remote from the Dutch standard language than some varieties of a regional language are. Within the Netherlands, a further distinction is made between a regional language and a separate language, which
21175-419: The cases of R (Miller) v The Prime Minister and Cherry v Advocate General for Scotland (argued and decided in 2019). The justices have never worn court dress during sittings. In November 2011, The Lord Phillips of Worth Matravers allowed counsel to jointly agree to "dispense with any or all of the traditional elements of court dress" at sittings. The Supreme Court has a separate administration from
21350-401: The central government) under the Scotland Act 1998 . Nicola Sturgeon , the then-leader of the pro-independence Scottish National Party , regarded the decision as "a hard pill for any supporter of independence... to swallow" but reiterated the party's commitment to "find another democratic, lawful means for Scottish people to express their will". From the Supreme Court – The Supreme Court
21525-553: The close of the 18th century, with (Hoog)Duytsch establishing itself as the Dutch exonym for German during this same period. In the 19th century Germany saw the rise of the categorisation of dialects, with German dialectologists terming the German dialects spoken in the mountainous south of Germany as Hochdeutsch ("High German"). Subsequently, German dialects spoken in the north were designated as Niederdeutsch ("Low German"). The names for these dialects were calqued by Dutch linguists as Nederduits and Hoogduits . As
21700-536: The constitutional role of Parliament in holding the Government to account". It is one of only two cases that involved the presence of 11 judges (the highest number of judges currently allowed to rule on a case). The case carried a large amount of political tension in the context of the process of the United Kingdom leaving the European Union; for some, the ruling "delighted 'Remainers' but appalled 'Leavers ' ", although some Conservative MPs who sought to withdraw from
21875-459: The cost for filing a notice of appeal was US$ 60. In 2015, the new filing fees for the JCPC were noted as ranging from £400 to £5,000 or roughly US$ 600 to US$ 7,500 while the comparable fees for the CCJ remained at US$ 60 thus making the cost of filing an appeal with the JCPC at least ten times greater than filing an appeal with the CCJ. Although both courts do allow appeals in forma pauperis , waiving filing fees when they are deemed too burdensome on
22050-419: The cost to litigants of filing documents with the court and to keep its commitment of access to justice for all. The CCJ also utilizes the system to conduct hearings electronically, making use of teleconferencing equipment installed in all contracting states. It is in the aspect of the CCJ and JCPC itinerancy that the costs to states (and further differences between the CCJ and JCPC) becomes apparent. Although it
22225-453: The costs associated with pursuing their cases whenever a switch to the CCJ is made. For instance the cost of filing an appeal with the JCPC is more than five times greater than filing an appeal with the CCJ. For the JCPC, the filing of an application for permission to appeal along with the actual notice of appeal would have cost £220, or roughly US$ 350 in 2013, while the CCJ requires no payment for filing an application for permission to appeal and
22400-472: The course of fifteen centuries. During that period, they forced Old Frisian back from the western coast to the north of the Low Countries, and influenced or even replaced Old Saxon spoken in the east (contiguous with the Low German area). On the other hand, Dutch has been replaced in adjacent lands in present-day France and Germany. The division into Old, Middle and Modern Dutch is mostly conventional, since
22575-423: The court there can be a maximum of 10 Judges including the President. This limit may be increased by the agreement of all of the member states if necessary. The Judges, other than the President, are appointed or removed by a majority vote of the eleven member Regional Judicial and Legal Services Commission (RJLSC), which is also the body which must recommend a need of for an increase in the number of Judges (other than
22750-588: The court, at least three judges of the full complement of ten are required to possess expertise in international law including international trade law and one judge is also required to be from the civil law tradition similar to such jurisdictions as Haiti and Suriname. Persons being appointed to the office of Judge (including the President) are supposed to have high moral character, intellectual and analytical ability, integrity, demonstrate sound judgment, and an understanding of people and society. The RJLSC appoints persons to be Judges (or recommends persons to be President of
22925-540: The declaration of independence of Indonesia, Western New Guinea , the "wild east" of the Dutch East Indies , remained a Dutch colony until 1962, known as Netherlands New Guinea . Despite prolonged Dutch presence, the Dutch language is not spoken by many Papuans, the colony having been ceded to Indonesia in 1963. Dutch-speaking immigrant communities can also be found in Australia and New Zealand. The 2011 Australian census showed 37,248 people speaking Dutch at home. At
23100-603: The development of a separate Dutch language. It was spoken by the descendants of the Salian Franks who occupied what is now the southern Netherlands , northern Belgium , part of northern France, and parts of the Lower Rhine regions of Germany. The High German consonant shift, moving over Western Europe from south to west, caused a differentiation with the Central and High Franconian in Germany. The latter would as
23275-474: The devil? ... I forsake the devil"). If only for its poetic content, the most famous Old Dutch sentence is probably Hebban olla vogala nestas hagunnan, hinase hic enda tu, wat unbidan we nu ("All birds have started making nests, except me and you, what are we waiting for"), is dated to around the year 1100, written by a Flemish monk in a convent in Rochester , England . Since the sentence speaks to
23450-489: The end of the 19th century. In the countryside, until World War I , many elementary schools continued to teach in Dutch, and the Catholic Church continued to preach and teach the catechism in Dutch in many parishes. During the second half of the 19th century, Dutch was banned from all levels of education by both Prussia and France and lost most of its functions as a cultural language. In both Germany and France,
23625-484: The establishment of a supreme appellate court are many and varied, including a perceived regional disenfranchisement from the British Judicial Committee of the Privy Council . Controversy surrounding the establishment of this court corresponds to two major events that made the Privy Council unpopular in the Caribbean region. The British-based court has been perceived as having too much power in
23800-1000: The greatest public or constitutional importance affecting the whole population. The Court usually sits in the Middlesex Guildhall in Westminster , though it can sit elsewhere and has, for example, sat in the Edinburgh City Chambers , the Royal Courts of Justice in Belfast, the Tŷ Hywel Building in Cardiff and the Manchester Civil Justice Centre . The United Kingdom has a doctrine of parliamentary sovereignty and no entrenched codified constitution , so
23975-415: The imagination, it is often erroneously stated as the oldest Dutch sentence. Old Dutch naturally evolved into Middle Dutch . The year 1150 is often cited as the time of the discontinuity, but it actually marks a time of profuse Dutch writing; during this period a rich Medieval Dutch literature developed. There was at that time no overarching standard language ; Middle Dutch is rather a collective name for
24150-470: The individual litigant, the JCPC does so on a more limited basis. Some of the highest costs for litigants however arise when litigation of the case actually begins. In most cases, litigants will have to travel to the United Kingdom (UK) to pursue their cases before the JCPC. This may involve purchasing plane tickets and/or finding and hiring lawyers licensed in the UK. Additionally, Jamaican and Guyanese citizens are required to obtain visas before travelling to
24325-711: The influence of the Burgundian Ducal Court in Dijon ( Brussels after 1477). The dialects of Flanders and Brabant were the most influential around this time. The process of standardisation became much stronger at the start of the 16th century, mainly based on the urban dialect of Antwerp . The 1585 fall of Antwerp to the Spanish army led to a flight to the northern Netherlands, where the Dutch Republic declared its independence from Spain. This influenced
24500-560: The integration movement to be hampered. Moreover, the rights and obligations created by the CSME are so important and extensive, relating to the establishment of economic enterprises, the provision of professional services, the movement of capital, the acquisition of land for the operation of businesses, that there is a clear need to have a permanent, central, regional institution to authoritatively and definitively pronounce on those rights and corresponding obligations. The Caribbean Court of Justice
24675-701: The interpretation and application of the treaty. The CCJ thus performs similarly to the European Court of Justice , EFTA Court , East African Court of Justice , the ECOWAS Community Court of Justice, the Andean Court of Justice and the International Court of Justice . In contrast to many general international tribunals or courts, the original jurisdiction of the CCJ is compulsory, requiring no pre-existing agreement. As
24850-452: The interpretation of the Revised Treaty of Chaguaramas, the CCJ replicates certain aspects of the British justice system while being divergent in other ways. Both the CCJ and JCPC have a president of the Court and have a smaller panel of judges being called up for any one particular case from a larger pool of eligible judges. For the JCPC, five judges normally sit on appeals from Commonwealth countries, while three to five judges normally sit on
25025-563: The language now known as Dutch. In the Low Countries Dietsch or its Early Modern Dutch form Duytsch as an endonym for Dutch gradually went out of common use and was gradually replaced by the Dutch endonym Nederlands . This designation (first attested in 1482) started at the Burgundian court in the 15th century, although the use of neder , laag , bas , and inferior ("nether" or "low") to refer to
25200-629: The least (adults 15%, children 1%). The decline of the West Frisian language in Friesland occupies a middle position (adults 44%, children 22%). Dialects are most often spoken in rural areas, but many cities have a distinct city dialect. For example, the city of Ghent has very distinct "g", "e" and "r" sounds that greatly differ from its surrounding villages. The Brussels dialect combines Brabantian with words adopted from Walloon and French . Some dialects had, until recently, extensions across
25375-410: The local courts of appeal. As a result, the JCPC has only really been accessible to either the very wealthy from the Caribbean or to certain inmates on death row who are able to secure pro bono legal service from British barristers. In the case of those nationals, such as Jamaicans, who also require visas in order to travel to the UK to pursue cases before the JCPC, there is the risk that the denial of
25550-629: The majorities of those nations rejecting the switch of final court of appeals from the Judicial Committee of the British Privy Council to the CCJ. A previous referendum undertaken in Saint Vincent and the Grenadines in 2009 was also rejected by a majority of voters, although that proposed constitution did not substitute the CCJ for the Privy Council, but rather codified the possibility of doing so via constitutional reform among other proposed changes such as making Saint Vincent and
25725-437: The modern standard languages . In this age no standard languages had yet developed, while a perfect West Germanic dialect continuum remained present; the division reflects the contingent future contribution dialect groups would have to the later languages. The early form of Dutch was a set of Franconian dialects spoken by the Salian Franks in the 5th century. These happened to develop through Middle Dutch to Modern Dutch over
25900-514: The number of appeals in capital matters coming from the Caribbean to the Privy Council. He noted that such appeals occupied 25% of the Privy Council's time and he felt it was time for the Privy Council to be relieved of the Caribbean cases in order for the region to accede to full legal independence. Browne-Wilkinson also advocated for the establishment of a regional Caribbean court of last resort. In September 2009, Lord Phillips of Worth Matravers expressed sentiments close to those of Browne-Wilkinson
26075-501: The official languages. In Asia, Dutch was used in the Dutch East Indies (now mostly Indonesia ) by a limited educated elite of around 2% of the total population, including over 1 million indigenous Indonesians, until it was banned in 1957, but the ban was lifted afterwards. About a fifth of the Indonesian language can be traced to Dutch, including many loan words . Indonesia's Civil Code has not been officially translated, and
26250-533: The original Dutch language version dating from colonial times remains the authoritative version. Up to half a million native speakers reside in the United States, Canada and Australia combined, and historical linguistic minorities on the verge of extinction remain in parts of France and Germany. Dutch is one of the closest relatives of both German and English, and is colloquially said to be "roughly in between" them. Dutch, like English, has not undergone
26425-587: The other courts of the United Kingdom, under a Chief Executive who is appointed by the Court's president. King Charles III [REDACTED] William, Prince of Wales [REDACTED] Charles III ( King-in-Council ) [REDACTED] Starmer ministry ( L ) Keir Starmer ( L ) Angela Rayner ( L ) ( King-in-Parliament ) [REDACTED] Charles III [REDACTED] [REDACTED] [REDACTED] The Lord Reed The Lord Hodge Andrew Bailey Monetary Policy Committee In Scotland,
26600-598: The population of the Netherlands and Flanders (which includes 60% of the population of Belgium ). Dutch was one of the official languages of South Africa until 1925, when it was replaced by Afrikaans , a separate but partially mutually intelligible daughter language of Dutch. Afrikaans, depending on the definition used, may be considered a sister language , spoken, to some degree, by at least 16 million people, mainly in South Africa and Namibia , and evolving from Cape Dutch dialects. In South America, it
26775-539: The powers in primary legislation allowing it to be made. Further, under section 4 of the Human Rights Act 1998 , the Supreme Court, like some other courts in the United Kingdom, may make a declaration of incompatibility , indicating that it believes that the legislation subject to the declaration is incompatible with one of the rights in the European Convention on Human Rights . Such a declaration can apply to primary or secondary legislation. The legislation
26950-527: The predominant colloquial language out of the area's 22 million Dutch-speakers. Limburgish , spoken in both Belgian Limburg and Netherlands Limburg and in adjacent parts in Germany, is considered a dialect in Belgium, while having obtained the official status of regional language in the Netherlands. Limburgish has been influenced by the Ripuarian varieties like the Colognian dialect , and has had
27125-578: The principles of natural justice; violation the due process of law or other serious injustice. This is as a result of the JCPC not being designed to function as a second tier Court of Appeal to review the evidence of a given case. The structural and practical limitations of JCPC appeals has meant that the range of precedent generated by the highest court for many Caribbean jurisdictions is confined to narrow categories, particularly capital punishment and high finance. The wide body of law between these categories, has often been left mainly to small domestic courts in
27300-478: The proposed CARICOM Single Market and Economy (CSME). The single market replacing the original Common Market aspect of the group. Originally an Anglophone club, the admission of Dutch-speaking Suriname in 1995, and Créole-speaking Haiti (where French is the official language) in 2002 has somewhat modified the cultural and jurisprudential mix of the community. Under the revised Treaty of Chaguaramas, and typical of similar international integrationist movements,
27475-411: The provinces of Gelderland , Flevoland , Friesland and Utrecht . This group, which is not Low Franconian but instead Low Saxon and close to neighbouring Low German, has been elevated by the Netherlands (and by Germany) to the legal status of streektaal ( regional language ) according to the European Charter for Regional or Minority Languages . It is regarded as Dutch for a number of reasons. From
27650-636: The region. While the CCJ has jurisdiction in all member states of the Agreement Establishing The Caribbean Court of Justice, the Agreement itself provides for the CCJ's jurisdiction to also be available to any other state within the Caribbean that CARICOM should choose invite to become a party to the Agreement. Thus the appellate jurisdiction of the Court, in particular, could be available to a non-CARICOM Caribbean state or to CARICOM's associate member states. Unlike some international courts (but similar to others such as
27825-410: The replacement of the Privy Council by the CCJ. Gifford noted that the CCJ would be more accessible, affordable and provide a better quality of justice for Jamaicans and other former British colonies in the Caribbean than the Privy Council. Gifford expressed support for Phillips' earlier comments, and hoped that they would serve to stir Jamaica and other Caribbean states to leave the Privy Council and join
28000-515: The rest of the text lack any consensus. The Franks emerged in the southern Netherlands ( Salian Franks ) and central Germany ( Ripuarian Franks ), and later descended into Gaul . The name of their kingdom survives in that of France. Although they ruled the Gallo-Romans for nearly 300 years, their language, Frankish , became extinct in most of France and was replaced by later forms of the language throughout Luxembourg and Germany in around
28175-423: The rights of Dutch speakers, mostly referred to as "Flemish". However, the dialect variation was a serious disadvantage in the face of the standardised francophony . Since standardisation is a lengthy process, Dutch-speaking Belgium associated itself with the standard language that had already developed in the Netherlands over the centuries. Therefore, the situation in Belgium is essentially no different from that in
28350-524: The same branch of the West Germanic languages as Old English (i.e. Anglo-Frisian ) and are therefore genetically more closely related to English and Scots than to Dutch. The different influences on the respective languages, however, particularly that of Norman French on English and Dutch on West Frisian, have rendered English quite distinct from West Frisian, and West Frisian less distinct from Dutch than from English. Although under heavy influence of
28525-497: The same....... In the Caribbean, even express words may have different connotations. These are the types of questions that need to be discussed by an indigenous tribunal..." As comparable appellate courts, the CCJ and JCPC as outlined above have similar procedures, but there are major differences in both the time and money that would need to be spent by individual litigants and states in pursuing cases to either court. Individual litigants are expected to almost always face reductions in
28700-517: The set of Franconian dialects (i.e. West Germanic varieties that are assumed to have evolved from Frankish ) spoken in the Low Countries during the Early Middle Ages , from around the 5th to the 12th century. Old Dutch is mostly recorded on fragmentary relics, and words have been reconstructed from Middle Dutch and Old Dutch loanwords in French. Old Dutch is regarded as the primary stage in
28875-540: The test. When the state invests judicial authority in those officials or even their day-to-day colleagues, it puts the independence and impartiality of the courts at risk. Consequently, it was hypothesised closely connected decisions of the Law Lords to debates had by friends or on which the Lord Chancellor had expressed a view might be challenged on human-rights grounds on the basis that they had not constituted
29050-545: The time are generally split into three dialect groups: Ingvaeonic (North Sea Germanic), Istvaeonic (Weser–Rhine Germanic) and Irminonic (Elbe Germanic). It appears that the Frankish tribes fit primarily into the Istvaeonic dialect group with certain Ingvaeonic influences towards the northwest, which are still seen in modern Dutch. The Frankish language itself is not directly attested, the only possible exception being
29225-466: The transition between them was very gradual. One of the few moments when linguists can detect something of a revolution is when the Dutch standard language emerged and quickly established itself. The development of the Dutch language is illustrated by the following sentence in Old, Middle and Modern Dutch: Among the Indo-European languages , Dutch is grouped within the Germanic languages , meaning it shares
29400-484: The urban dialects of the province of Holland . In 1637, a further important step was made towards a unified language, when the Statenvertaling , the first major Bible translation into Dutch, was created that people from all over the new republic could understand. It used elements from various, even Dutch Low Saxon , dialects but was predominantly based on the urban dialects of Holland of post 16th century. In
29575-525: The various former and continuing colonies of the United Kingdom after the collapse of the political bond. On 1 August 1973, the successor to the CARIFTA, the Caribbean Community , better known by its acronym, CARICOM , came into being. The founding document of the CARICOM, the Treaty of Chaguaramas , was signed by the so-called "Big Four" states: Barbados , Jamaica , Guyana and Trinidad and Tobago , all of which had gained their political independence from
29750-400: The visa could negatively impact on the ability for their cases to be heard, thus further reducing potential accessibility (especially if the work load is not sufficient to justify the JCPC travelling to their jurisdiction instead). By contrast, the CCJ, in most cases, is a much less expensive option for litigants in all comparative costs (filing, airfare, accommodations, other expenses, etc.). As
29925-429: Was HM Treasury v Ahmed , which concerned "the separation of powers", according to Phillips, its inaugural President. At issue was the extent to which Parliament has, by the United Nations Act 1946 , delegated to the executive the power to legislate. Resolution of this issue depended upon the approach properly to be adopted by the court in interpreting legislation which may affect fundamental rights at common law or under
30100-409: Was "unlikely". The reforms were controversial and were brought forward with little consultation but were subsequently extensively debated in Parliament. During 2004, a select committee of the House of Lords scrutinised the arguments for and against setting up a new court. The Government estimated the set-up cost of the Supreme Court at £56.9 million. The first case heard by the Supreme Court
30275-460: Was co-located with the new UK Supreme Court. As a result of the JCPC's employment of a large pool of jurists but usage of only a fraction of them, the JCPC has been criticized for the fact that decisions for any one case often depends on the judges called. The possible combinations of judges available means that different decisions can be rendered for very similar fact patterns in cases. This issue becomes particularly relevant when an appeal comes from
30450-426: Was intending to take some pressure off of the Supreme Court judges by drafting in lower tier judges from the Court of Appeal to sit on cases from Commonwealth countries. He also added that in an ideal world former Commonwealth countries would stop utilising the Privy Council and instead set up their own final courts of appeal. In October 2009, Lord Gifford at a reception in Kingston, Jamaica, again expressed support for
30625-417: Was under foreign control. In the 19th century, the East Indies trade started to dwindle, and with it the importance of Malacca as a trading post. The Dutch state officially ceded Malacca to the British in 1825. It took until 1957 for Malaya to gain its independence. Despite this, the Dutch language is rarely spoken in Malacca or Malaysia and only limited to foreign nationals able to speak the language. After
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