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

1340 THE JUDICIARY [PART VI Accordingly the direction amounted to no more than that the Parliament should satisfy itself before passing addresses that the incapacity or misbehaviour clearly existed. This model was followed in the framing of the Constitution of the Transvaal and the Orange River Colony. It is pro- vided in Clause xlviii of the letters patent, December 6, 1906, issued in respect of the Transvaal, and Clause 1 in the letters patent of June 5, 1907, in respect of the Orange River Colony, that Judges of the Supreme Court (1) shall be appointed by the Governor in Council ; (2) shall not be removed except by the Governor in Council on an address from the Legislative Council and Legislative Assembly praying for such removal on the ground of proved misbehaviour or incapacity ; (3) shall receive such remuneration as shall from time to time be prescribed by law, but the remuneration of a judge shall not be diminished during his term of office. The remunera- tion of the present judges shall not be diminished, and their commissions shall continue as heretofore. In the case of the Commonwealth, however, as the statute laying down the new power was an Imperial one, it would have had effect to override the provisions of Burke’s Act, while its provisions would have still applied to the case of the judges of the two South African Colonies. In the case of the Union of South Africa it is provided by s. 101 of the Constitution Act that the Chief Justice of South Africa and other Judges of the Supreme Court of South Africa shall not be removed from office except by the Governor-General in Council on an address from both Houses of Parliament in the same session, praying for such removal on the ground of misbehaviour or incapacity. 8S. 100 provides that the Chief Justice of South Africa, the ordinary Judges of Appeal, and all other Judges of the Supreme Court of South Africa to be appointed under the establishment of the Union, shall be appointed by the Governor-General in Council, and shall receive such remunera- tion as Parliament shall prescribe, and their remuneration shall not be diminished during their continuance in office. The terms of this Act clearly exclude the operation of Burke’s Act,

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