1332 THE JUDICIARY [PART VI
even more strength than in the case of New South Wales,
Queensland, and Western Australia, that it is intended that
the power given by Burke’s Act should not be exercised, and
that it is in effect repealed, but, as will be seen below, this view
has been questioned by the Law Officers of the Crown.
In the case of Tasmania no provision is made by the
Constitution Act, 18 Vict. No. 17, but it is provided by the
Act 20 Vict. No. 7. that
whereas the independence of judges is essential to the
impartial administration of justice and is one of the best
securities of the rights and liberties of Her Majesty's subjects ;
and it would conduce to the better security of such indepen-
dence if the power of suspension or amotion by the local
Government were further limited, be it therefore enacted by
His Excellency the Governor of Tasmania by and with the
advice and consent of the Legislative Council and House of
Assembly in Parliament assembled, that it shall not be lawful
for the Governor either with or without the advice of the
Executive Council to suspend, or for the Governor in Council
to amove, any Judge of the Supreme Court unless upon the
Address of both Houses of the Parliament of Tasmania.
It is clear, however, that this Act cannot possibly override
Burke’s Act which therefore, although the local Act purports
to amend it, remains in force. On the other hand, the Act
is no doubt effectual to dispose of what otherwise was
possible, that is to say, the suspension by the Governor, with
the advice of his Executive Council, of a judge, with a view
to his removal by the approval of the Secretary of State.
As that right rested solely upon the royal instructions to
the Governor, it could be taken away by legislation when
it was thought fit so to legislate, but the legislation could not
derogate from the provisions of an Imperial Act,
On the other hand, thislegislation was presumably effective
to alter the provisions of the Imperial Act, 9 Geo. IV. c. 83,
which provided for the appointment of judges by the King
and for their removal by the King from time to time as occa-
sion might require. The Colonial Laws Validity Act, 1865, s. 5,
gave power to regulate the constitution of Courts of Justice,
and it was therefore within the power of the Parliament to
