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

cHAP. 1] THE TENURE OF JUDICIAL OFFICES 1345 the Governor with the advice of the Executive Council should, under the Royal Commission and Instructions, suspend a Colonial judge, which suspension became dismissal if confirmed by the Queen, who would obtain normally the advice of the Judicial Committee. These powers extended to all judges holding during pleasure ; the same method was considered applicable by Sir Frederick Rogers, in the absence of any provision excluding its operations, to judges holding during good behaviour. The procedure was regarded a8 being a convenient one by the Privy Council, as it enabled full investigation to take place in the Colony, so that the Judicial Committee was in a position to deal with the matter apprehensively and finally when it came before it, whereas if representations were made by Colonial legislatures the uestion came before the Privy Council in a very incomplete and unsatisfactory state, as the judge whose conduct was impugned had seldom sufficient opportunity "to answer oroperly the charges made against him. The question of the applicability of this procedure to a judge in the self-governing Colonies was considered in 1864 and 1865 in the case of Victoria.! Sir Redmond Barry C.J. at the beginning of 1864 informed the Governor that he intended to take leave of absence. The Governor referred the matter to Mr. Higinbotham, who was then Attorney- General, and he advised that judges had not the right to take leave without permission, nor to report it direct to the Governor. Finally the Executive Council directed that the Attorney-General should be addressed by the judge as the responsible minister at the head of the department to which *he Supreme Court was attached. Then a further source of difficulty arose : bv a local Act, ' Cf. Morris, Memoir of George Higinbotham, pp. 112-6, * Cf. Forsyth, Cases and Opinions on Constitutional Law, pp. 78 seq. The Acts regulating leave and requiring the assent of the Governor in Council were altered by 57 & 58 Vict. ¢. 17, which exempts the self-govern- ng Colonies (the new Colonies and Federations since 1894 have been added to the schedule by Order in Council) from thecontrol of the Secretary of State. which was substituted bv that Act for the provisions of 22 Geo. IIL ec. T5.

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