Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

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Multivolume work

Identifikator:: 1887156356

Document type:: Multivolume work

Author:: Schmoller, Gustav von http://d-nb.info/gnd/118609378

Title:: Grundriß der allgemeinen Volkswirtschaftslehre

Place of publication:: Berlin [u.a.]

Publisher:: Duncker & Humblot

Year of publication:: 1900-

Collection:: Economics Books

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Volume

Identifikator:: 1887256288

URN:: urn:nbn:de:zbw-retromon-242253

Document type:: Volume

Author:: Schmoller, Gustav von http://d-nb.info/gnd/118609378

Title:: Verkehr, Handel und Geldwesen. Wert und Preis. Kapital und Arbeit. Einkommen. Krisen, Klassenkämpfe, Handelspolitik. Historische Gesamtentwickelung

Volume count:: 2.1904

Place of publication:: Berlin [u.a.]

Publisher:: Duncker & Humblot

Year of publication:: 1904

Scope:: X, 719 S.

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Viertes Buch. Die Entwickelung des volkswirtschaftlichen lebens im ganzen

Collection:: Economics Books

1380 THE JUDICIARY [PART VI prepared, action in the sense desired by the Commonwealth seems impossible. The proposal of Sir Joseph Ward is to some extent different, and it is perhaps possible more fully to meet his position. There are various considerations to which weight attaches with regard to the question.! In the first place there arises the question how far Imperial policy requires or renders desirable the retention of the right of appeal so far as the Courts of the self-governing Dominions are concerned. It is clear that little is gained with regard to securing uniformity of law, for the Dominions constantly legislate in derogation of the principles of the common law, in which alone a uni- formity can be obtained, and the judgements of the Privy Council are often not acceptable to the Dominions; for instance, the decision of the Privy Council with regard to the liabilities of information agencies was not satisfactory to New South Wales, and a Bill was introduced by the Govern- ment into the Parliament which would have altered the law as declared by the judgement of the Privy Council ; as a matter of fact, in passing through the Parliament, the pro- posed law was modified, but the action of the Government is characteristic of the manner in which from time to time the Privy Council’s decisions are viewed.2 The Judicial Committee does, however, afford a certain security in the minds of investors in Colonial securities. Moreover, the Judicial Committee have been and are of importance in maintaining uniformity of law as to the prerogatives of the Crown, and in asserting the overriding force of Imperial Acts. But the real value of a Supreme Court of Appeal from all the Colonies is sentimental, and if on the one hand the appeal of the Privy Council has been at times a source of irritation, on the other hand there seems still to be no widespread desire or feeling in the Dominions that the appeal should be abolished. Although power exists in the Commonwealth Constitution for the Parliament to * For an attack on the Privy Council, see Clark, Australian Constitutional Law, pp. 335-57; contra, Haldane, Empire and Education, pp. 128 seq. ® Act No. 22 of 1909; Debates, 1909, pp. 3137 seq.

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