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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

JHAP. TIT] JUDICIAL APPEALS 1359 attempt to bar the prerogative has not been effectual, and “hat the prerogative could still be exercised. It is, however, a matter of no substantial consequence, as criminal appeals are always open to serious objection, and are very rarely entertained by the Privy Council, and it is not therefore likely that such an appeal will again be permitted! That it could legally be permitted is certain. Power is given to the Parliaments of the Commonwealth by s. 74 of the Consti- bution, and of the Union of South Africa by s. 106 of the South Africa Act, to limit the subjects with regard to which Special leave of appeal may be granted, but Bills under this power must be reserved, and no such Bill has yet been intro- duced even into the Parliament of the Commonwealth. Under this power it would be impossible to abolish the power ~—for limitation is not abolition—but it could be practically reduced to almost nil.2 The power of hearing appeals thus belonging to the Crown is exercised in two ways ; on the one hand a code of rules is laid down permitting appeals as of right, that is to say, appeals which automatically take place if the conditions laid down are fulfilled,® while in addition it is open to any defeated suitor to ask the Privy Council to give him special leave to appeal from the decision of any Court whatever. The rules in the first case normally apply only to the final Court of Appeal, as itis not usual that appeals should lie as of right from two Courts in one Dominion. There is an exception bo this in the case of Quebec and New Zealand, where appeals lie both from the Court of Appeal and the Supreme Court. In the case of South Australia appeals as of right lay only from the Supreme Court, as there was in that Colony a Court of Appeal consisting of the Governor, with what was practically the Executive Council, but which now is hardly ever used. ' Cf. Falkland Islands Co. v. Reg., 1 Moo. P. C. (N. 8.)299, at p. 312; in re Dillet, 12 App. Cas, 459; Riel v. Reg., 10 App. Cas. 675; Tshingumuzi v. Attorney-General of Natal, [1908] A. C. 248. * Quick and Garran, op. cit., p. 713. ' The leave which is always needed is then granted by the Colonial Court. [f there are no rules, or the rules do not cover the point, special leave must be asked. Cf. Gillett v. Lumsden, [1905] A. C. 601. q9

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