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

1346 THE JUDICIARY [PART VI 15 Viet. No. 10, s. 5, there was a clause empowering the Governor in Council to suspend judges. The judges main- tained that the clause was not in force, and, when the Attorney-General in consolidating the statutes regarding the Supreme Court inserted it, the Chief Judges claimed that he ought not to do so. When the Bill came before Parliament the Legislative Assembly passed the clause, and the Council amended it. The Assembly refused to accept the amend- ment, and when the Bill returned to the Council it was thrown out. Finally, the four judges asked that the point should be referred to the Judicial Committee. The petition was forwarded to England at the end of September 1865. The Judicial Committee was unwilling to pronounce an opinion on abstract questions of law, but the Secretary of State for the Colonies obtained an opinion from the Law Officers of the Crown, then Sir Roundell Palmer and Sir R. P. (Collier, which was in accordance with the views of the Law Officers of Victoria, and not with that of the judges. The opinion was to the effect that the Governor in Council could still amove judges under Burke's Act, and they thought that on the whole they could still suspend judges under the local Act of 1852, the power of suspension for the causes therein mentioned being not inconsistent with the tenure of the office during good behaviour. The result was that the judges consented to correspond with the minister. But it must be admitted that doubt will be felt as to whether the opinion of the Law Officers is really correct. That Burke's Act should still be in force when another statute gives a different power to the Governor seems at least improbable, and that the local Act should have con- tinued to be operative after the passing of the Constitution Act would seem also to be a rather strained interpretation.? ! Contrast the opinion of the Law Officers in a Queensland case, that a Governor cannot suspend a judge holding during gond behaviour even when he could amove, cited in Todd, op. cit., ii. 896 ; Quick and Garran, op. eit., p. 733. In Victoria the power of suspension was, however, con- tinued in the consolidation of the statutes, and is now found in the Supreme Court Act, 1890, ss. 13 and 14. It has never been used : eof. Jenks. Govern-

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