Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1896933912

Document type:: Multivolume work

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Place of publication:: Oxford

Publisher:: Clarendon Press

Year of publication:: 1912-

Collection:: Economics Books

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Volume

Identifikator:: 1896935311

URN:: urn:nbn:de:zbw-retromon-237672

Document type:: Volume

Author:: Keith, Arthur Berriedale http://d-nb.info/gnd/119086794

Title:: Responsible government in the Dominions

Volume count:: Vol. 3

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XII Seiten, Seiten 1102-1670

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

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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