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

980 THE FEDERATIONS AND THE UNION [PART IV in the case of criminal appeals, when an appeal will lie to the provincial division, and then by special léave only of the appellate division to that division. Similarly all appeals which lie at the time of the Union to the Privy Council from any Supreme Court of the Colonies, including the High Court of the Orange River Colony, shall in future lie only to the appellate division, but the right of appeal in any civil suit shall not be limited by reason only of the amount claimed or awarded in any suit. From resident magistrates’ and other inferior Courts in the provinces appeal will lie to the divisions of the Supreme Court corresponding to the superior Courts to which appeals lay before the Union, but there will be no further appeal unless the appellate division of the Supreme Court gives special leave, when an appeal will lie to that division. There shall be no appeal from the Supreme Court or any of its divisions to the King in Council, but this prohibition is not to impair any right which the King in Council may be pleased to exercise to grant special leave to appeal from the appellate division to the King in Council. The Parliament may make laws limiting the matters in respect of which such special leave may be asked, but pro- posed laws containing any such limitation shall be reserved tor the signification of His Majesty’s pleasure. The appeal in Admiralty cases under the Colonial Courts of Admiralty Act, 1890, is, however, not affected by these provisions of s. 106.1 These provisions are in harmony with the recommenda- tions of the Colonial Conference, but it is important to note that they go a good deal beyond anything which exists in the other Dominions. In the case of Canada appeals lie by right from every Provincial Court to the Privy Council, and also in every case of course by special leave. Further, the Privy Council can grant special leave to appeal from the decision of the humblest Courts in the provinces. In the case of the Dominion Supreme Court no appeal lies as of right.2 but an ! The Privy Council has held that the provisions of the Supreme Court of Canada Act do not bar the appeal of right under this Act; see Richelieu und Ontario Navigation Co. v. Owners of SS. Cape Breton, [1907] A. C. 112. 2 Cf. The Framework of Union, pp. 158, 159.

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