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

THE JUDICIARY [PART vI or more Judges of the Supreme Court of Canada, or to one or more Judges of any superior Court in any province of Canada, and the commissioners have full powers to make the inquiries directed by the Governor-General. In the case of provincial Judges of Superior Courts of the Dominion it seems clear that the power of removal given in this case by the Imperial Act to the Governor-General on address from the two Houses! is intended to be exclusive, and that Burke’s Act has no application. In the case of Newfoundland the position of the Judges used to rest upon the Charter of Justice given by George IV in 1825. The Charter of Justice provided for the appoint- ment of judges by the Crown, and for the removal by the same authority. It would seem that there is nothing in this to prevent the operation of Burke's Act in this case, nor would there have been anything to prevent the Crown removing a judge on addresses from the two Houses of the Legislature. This mode of procedure is now laid down in Act No. 3 of 1904, but it cannot exclude the operation of Burke’s Act. In the case of the Cape of Good Hope no provision was made for the security of the judges on the grant of responsible government. The power of removal of the judges was vested in the Crown by the Charter of Justice, and the Governor had power to suspend judges, and it was evidently not considered essential to make formal provision to super- sede the procedure there indicated? Amoval by the Governor would have been possible under Burke’s Act. * In the case of the Supreme Court, thereotically Burke’s Act may be held to apply. In the case of District Courts the Act may also apply, as there is no other method specified, and so as regards County Courts, but there is also special provision for their case by a Canadian Act; see in re Squier, 44 U. C. Q. B. 474. There are standing disputes between Dominion and Provinces with regard to Provincial Legislatures trying to regulate the appointment of judges, &c.; e.g. Provincial Legislation, 1867-95, pp. 83 seq., 345 seq., 1048 seq., 1080 ; 1896-8, p. 12; 1904-6, p. 155. 3 Judge Boulton was removed under representative government at the instance of the Assembly. He was a member of the Council. 8 Qoe Consolidated Statutes, 1652-1895, i. 95: Act No. 35 of 1806,

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