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Monograph

Identifikator:: 1016729413

URN:: urn:nbn:de:zbw-retromon-61429

Document type:: Monograph

Author:: Berghoeffer, Christian Wilhelm http://d-nb.info/gnd/115671919

Title:: Meyer Amschel Rothschild, der Gründer des Rothschildschen Bankhauses

Place of publication:: Frankfurt am Main

Publisher:: Verlag Englert & Schlosser

Year of publication:: 1922

Scope:: 1 Online-Ressource (272 Seiten)

Collection:: Economics Books

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1334 THE JUDICIARY [PART VI thought it right to appoint him by Commission a Judge of the Supreme Court. But there was no special parliamentary sanction, nor was any salary granted, and owing to a change of Ministry the salary was refused and a Bill to add a judge to the Supreme Court was refused leave for introduction. The Judicial Committee, adverting to the arguments which had been used before as to the power of appointing judges in England, pointed out that with two possible exceptions, the latest of which was 1714, since the reign of James I no additions had been made without express parliamentary sanction. But at any rate, after the Act 1 Geo. III. c. 23 it would be difficult to contend in the United Kingdom that the Crown could appoint additional judges for the payment of salary to whom Parliament had given no sanction. For the purpose of the independence of the judges, judges must be presumed to be intended to reccive salaries. It was clear that the Constitution Act of 1852 (s. 65), which ap- pointed salaries for a Chief Justice and a Puisne Judge, forbade the salary of any judge to be diminished during his term of office. This provision would be rendered practically ineffectual if the Executive could appoint a judge without salary, who would have to come to Parliament each year for remuneration for his services. It might well be that the provision impliedly declared that every judge thereafter appointed should have a salary provided by law to which he would be entitled during his continuance of office: In 1857 a temporary appointment of a Puisne Judge was made, though there was no vacancy; as a result two Acts were passed in 1858, one to regulate the appointment and tenure of offices of judges, and the other to alter sums granted to the Crown by the Constitution Act for civil and judicial services. The second section of the first Act provided that the Supreme Court of New Zealand should consist of a Chief Justice and ‘of such other judges as His Excellency, in the name and on behalf of Her Majesty, shall from time to time appoint’. It was also provided that the commissions of judges ‘shall be and continue in force during their good behaviour notwithstanding the Demise of Her Majesty, any

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