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

oar. 1] THE TENURE OF JUDICIAL OFFICES 1343 ture for the removal of a judge, and therefore as the matter is ultimately of local importance, it seems better that in this case the Constitutions should provide, as in some cases they do, that the power of removal is vested in the Governor- General or Governor on address from the Houses of the Legislature. The Governor in that case would undoubtedly act in his usual manner, which is to follow the advice of his ministers, unless some very clear Imperial interest were involved, such an Imperial interest not of course being the interest of the Imperial Government in the maintenance of any particular judicial arrangements in the Colonies, but the chance that the action would injuriously affect the Empire as a whole. Colonial instances of removal are as rare as at home. In the Dominion of Canada three cases have been discussed in which the removal of provincial judges has been considered. In two cases, those of Quebec judges, Lafontaine! and Loranger? a Committee of the House of Commons was appointed, but its report showed that no adequate case axisted for further proceedings ; in the case of Wood C.J. of Manitoba,® a committee, though asked for, was not granted. The whole question of the position of the Crown in those cases in which the power of removal of judges is vested in the Crown on the addresses of the Houses of Parliament, and not in the Governor, was considered by the law officers of the Crown in the case of Judge Boothby of South Australia, whose removal was asked for by the two Houses of the Colony on the ground of the confusion into which his extraordinary views had thrown the Colonial administration and the course of justice. On that occasion, though Mr. Boothby was asked to appear and did appear before a committee appointed by the Lower House to explain his views, the two Houses merely sent up addresses, the one from the Upper House 5 398; 1869, Canada House of Commons Journals, 1867-8, pp. 297, 344. 398 op. 135, 247, ] Ibid., 1877, pp. 20, 23, 36, 132, 141, 158, App. op gives Ibid., 1882, pp. 176, 192, 355 ; Sess. Pap., 1882, No. Loe che C.J.’s defence : House of Commons Debates, 1882, pp. 12 io %n

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