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

1360 THE JUDICIARY [PART VI The regulations in question were normally laid down by Order in Council, but sometimes, as even now in the case of Ontario and Quebec, by local Acts, while in the case of New South Wales the rules were originally contained in the Charter of Justice of 1823, in the case of Tasmania in the Charter of Justice of 1831, and in the case of the Cape in the Charter of Justice of May 4, 1832. Similarly the provisions in Newfoundland rested on the Charter of Justice of 1825 and on the Judicature Act of 1904, In the Province of Prince Edward Island there were no rules at all in force, and all appeals had to be brought by special leave. There were many differences in the provisions of these rules, though on the whole they agreed in substance. They provided for appeals as of right in important cases— the sums involved being, as a rule, from £300 to £2,000— prescribed limits of time, payment of costs, &c. Appeals by special leave were required in all criminal cases and in those civil cases which did not fall within the rules laid down for appeals as of right. The principles which regulate the granting of leave to appeal in such cases are that some important question of law should be involved, or that some important right should be in question. Appeals as of special leave are never granted for points of form, and in the case of the more important Colonies appeals are not granted except when there is a strong case for assuming that further investigation is necessary. Even so appeals by special leave frequently result in the confirmation of the original judgement. In the case of the Dominion of Canada and the Common- wealth of Australia, appeals lie direct to the Privy Council from the states and provinces. Appeals also lie under the Dominion Supreme Court Act, and the Commonwealth Judi- ciary Act, from those Courts to the Supreme Court of Canada and the High Court of Australia. The defeated party in any suit has therefore the option of carrying his appeal to the Privy Council or to the Supreme Court or the High Court, and the Privy Council have naturally adopted the rule that they will not normally grant special leave to appeal—for no

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