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

CHAPTER III JUDICIAL APPEALS 31. THE PREROGATIVE IN THE DOMINIONS THE prerogative of the Crown to hear appeals from the Courts of the Dominions is undoubted? and in that sense is definitely recognized by the Commonwealth Constitution, 8. 74 of which expressly contemplates the right of the Crown bo grant by the prerogative special leave of appeal, and it is also contemplated in the South Africa Act, 1909, s. 106.2 It rests, however, also on a statutory basis, for, by the Judicial Committee Act, 18443 a right is given to admit appeals from any Court in the Dominions whatever, whether or not the Court is a Court of Error. This Act was passed, as the preamble states, because doubt had been raised as to whether an appeal could be brought from any Court but a Court of Appeal in certain cases in which it had been laid down that appeals should only lie from the Court of Errors.# The Act In question, though mainly passed for the purpose of permit- ting appeals from every and any Court, has had incidentally the effect of providing by statute for the right to admit appeals from every Court in the Dominions. The result of this statute has been to prevent the right * Cf, Falkland Islands Co. v. The Queen, 1 Moo. P. C, (N. 8.) 299; Reg. v. Bertrand, 1 P. C. 520 ; in re Lord Bishop of Natal, 3 Moo. P. C. (N. 8.) 115, at p. 166; in re Wi Matua’s Will, [1008] A. C. 448 ; Cushing v. Dupuy, 5 App. Cas. 409; Canadian Pacific Railway Co. v. Toronto Corporation and rand Trunk Railway of Canada, [1911] A. C. 461. ® Soalsoin Canada by the Act of 1875 (38 Vict. c. 11, s. 47), to constitute the Supreme Court. Cf. Johnston v. Ministers dso, of St. Andrew's Church. Montreal, 3 App. Cas. 159. ' 7& 8 Vict. c. 69,5. 1. As regards Admiralty appeals, see chap. ii. * In re Assignees of Manning, 3 Moo. P. C. 154; in re Cambridge, 3 Moo. P. C. 175: Safford and Wheeler, Privy Council Practice, p. 713. 19793

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