Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 2)

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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:: 1896935052

URN:: urn:nbn:de:zbw-retromon-238139

Document type:: Volume

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

Title:: Responsible government in the Dominions

Volume count:: Vol. 2

Place of publication:: Oxford

Publisher:: Clarendon Pr.

Year of publication:: 1912

Scope:: XI Seiten, Seiten 570-1100

Digitisation:: 2022

Collection:: Economics Books

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part IV. The federations and the union // Chapter II. The commonwealth of Australia

Collection:: Economics Books

880 THE FEDERATIONS AND THE UNION [PART IV the jurisdiction of the several Courts of the states, except as provided in this section. (2) The several Courts of the states shall within the limits of their several jurisdictions, whether such limits are as to locality, subject-matter, or otherwise, be invested with federal jurisdiction, in all matters in which the High Court has original jurisdiction or in which original jurisdiction can be conferred upon it, except as provided in the last preceding section, and subject to the following conditions and restric- sions :— (a) Every decision of the Supreme Court of a state, or any other court of a state from which at the establishment of the Commonwealth an appeal lay to the Queen in Council, shail be final and conclusive except so far as an appeal may be hrought to the High Court. (b) Wherever an appeal lies from a decision of any Court or Judge of a state to the Supreme Court of the state, an appeal from the decision may be brought to the High Court. (c) The High Court may grant special leave to appeal to the High Court from any decision of any Court or Judge of a state notwithstanding that the law of the state may prohibit any appeal from such Court or Judge. (d) The federal jurisdiction of a Court of summary juris- diction of a state shall not be judicially exercised except by a Stipendiary or Police or Special Magistrate, or some Magistrate of the state who is specially authorized by the Governor-General to exercise such jurisdiction. Several questions have been raised as to the effect of these provisions. In the first place, it was decided by the High Court in the case of Parkin v. James! that the provisions in 3.73 (ii) cannot be interpreted to refer only to appeals from the full Courts of the states; from these Courts, as a rule, it is that appeals lie to the Queen in Council by right, but the High Court decided that they could entertain any appeal from any Court which was in effect the Supreme Court, whether it was exercising its jurisdiction through one or more judges. This decision, which is no doubt sound in law, was very incon- venient, for it leaves it open to every suitor to go straight from one judge to the High Court, whereas the intention of she framers of the Act was no doubt not to bring about this © 2.0. L. R. 315, foreshadowed by Quick and Garran, op. cit., p. 742, and secepted by the Privy Council in Blake v. Bayne, [19081 A. C. 371.

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