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

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Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

omar. 1] THE TENURE OF JUDICIAL OFFICES 1335 Law, Usage, or Practice, to the contrary notwithstanding ’.2 But the fourth clause of the Act empowered the Governor at his discretion, in the name and on behalf of Her Majesty, upon the address of both Houses of the General Assembly, to remove any judge from his office. It was contended that the second clause enabled the Governor to appoint as many judges as he pleased, although salaries had not been pro- vided or had been provided for other services, as in this case. [t was improbable that this was the correct interpretation. It was most important to maintain the independence of the judges. They said, it cannot be doubted that, whatever disadvantages may attach to such a system, the public gain is, on the whole, great. It tends to secure an impartial and fearless administration of justice, and acts as a salutary safeguard against any arbitrary action of the executive. The mischief likely to result if the construction contended for by the respondent be adopted is forcibly pointed out by one of the learned judges, who held the appointment now in question to be valid. He said :— In the present case, until such time as the matter may be finally dealt with by Parliament, the position will undoubtedly remain most unsatisfactory. The judge is absolutely depen- dent upon the Ministry of the day for the payment of any salary, and has to come before Parliament as a suppliant to ask that a salary be given him. It is difficult to conceive a position of greater dependence. No judge so placed could indeed properly exercise the duties of his office. One of these duties, for instance, is the trial of petitions against the return of members to Parliament. How could a judge in bhis position be asked to take part in such a trial ? Against the occurrence of such a state of things obviously neither the power of the purse which Parliament has, nor the power of removal by address, can be a sufficient protection.’ Of course if it were clearly the intention of the legislature effect must be given to it, but it was legitimate to construe the Act as a whole to see what construction ought to be put pon any particular provision. Now s. 6 of the Act provided Copied from the Imperial Act, 1 Geo. IIL ¢. 23. The general rule of the aeed of new commissions on the demise of the Crown was abrogated by the [mperial Act I Edw. VIL ec. 5, which is valid over all the Empire.

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