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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

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Australia, that it is intended that the power given by Burke’s Act should not be exercised, and that it is in effect repealed, but, as will be seen below, this view has been questioned by the Law Officers of the Crown.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

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