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

THE JUDICIARY [PART VI (3) That with a view to the extension of uniform rights of appeal to all Colonial subjects of His Majesty, the various Orders in Council, Instructions to Governors, Charters of Justice, Ordinances, and Proclamations upon the subject of the appellate jurisdiction of the Sovereign should be taken into consideration for the purpose of determining the desirability of equalizing the conditions which give right of appeal to His Majesty. (4) That much uncertainty, expense, and delay would be avoided if some portion of His Majesty's prerogative to grant special leave to appeal in cases where there exists no right of appeal were exercised under definite rules and restrictions by the Colonial Courts. In accordance with this resolution a revised draft of rules regarding appeals was drawn up by the Judicial Committee of the Privy Council, and was forwarded to the Dominion Governments in dispatches of August 20, 1908, for their consideration. The rules represented a codification of the rules which then were in force, with simplifications on all possible points. The most important alteration was that it was suggested that every Supreme Court should be entitled to grant leave to appeal at its discretion from any judgement, whether final or interlocutory, if in the opinion of the Court the question involved in the appeal was one which, by reason of its grave general or public importance or otherwise, ought to be submitted to His Majesty in Council for decision. This power will rest with the Court entirely, and will in all possessions except Canada and Australia co-exist with the right of appeal which will, as formerly, exist in the case of final judgements of the Court, where the matter of dispute on appeal amounts to, or is of the value of, a sum which varies in the several cases from £300 in Prince Edward Island to £1,000 in Manitoba—£500 being the most usual amount. This alteration will obviate the necessity which formerly existed of obtaining special leave to appeal from the Privy Council, involving as a rule a double resort to the Privy Council with its attendant inevitable delay and expense. The rule will also permit of the granting of leave 1362

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