Responsible government in the Dominions: Responsible government in the Dominions

Responsible government in the Dominions (Vol. 3)

Bibliographic data

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

Usage license:: Get license information via the feedback formular.

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

Usage license:: Get license information via the feedback formular.

Chapter

Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

1364 THE JUDICIARY [PART VI out express order of His Majesty in Council, thus obviating again the expense and the delay of procuring a formal Order in Council. Generally the rules are based on the assumption that the Court appealed from is the best qualified to deal with any questions that may arise in connexion with the appeal up to the dispatch of the record to England, and they seek accordingly to invest the Court with all necessary powers for that purpose, especially in the cases when some time elapses between the final order granting leave to appeal and the dispatch of the record, when, in some cases, it had been held the Court had no power to take any steps that may be necessary to meet altered circumstances. In sending the rules in draft to the Dominion Govern- ments it was pointed out that the rules, after adaptation to local circumstances, could either be enacted by the Dominion Parliaments, or might be issued in the form of an Order in Council. It was suggested that the latter form of procedure would probably be the more convenient, as permitting alterations to be made in the rules at the request of the Dominion Governments without the delay and trouble of procuring an amending Act of the local Parliament, but it was suggested that, whatever mode of procedure were adopted, a draft of the proposed legislation should be forwarded to the Judicial Committee of the Privy Council, for any observations they might desire to offer on the subject. The procedure by Order in Council was unanimously adopted. Orders in Council on the lines of the new rules have been issued in respect of the Dominion of New Zealand, New- foundland, the Provinces of Alberta, Saskatchewan, Nova Scotia, Prince Edward Island, Manitoba, British Columbia, and New Brunswick, in Canada, Queensland, South Australia, New South Wales. Tasmania, Victoria, and Western Australia. ‘ See Parl. Pap., Cd. 5273, p. 26. ! There exists in that case a direct appeal by leave of the Court or of the Privy Council from the Supreme Court also, as in some cases no appeal lies from the Supreme Court to the Court of Appeal. For the new Order, cf. Bowron Bros. v. Bishop and another, 29 N. Z. L. R. 821.

Access restriction

Copyright

fullscreen: Responsible government in the Dominions (Vol. 3)

Multivolume work

Volume

Chapter

Table of contents

Download

Volume

Chapter

This page

Image fragment

Citation links

Citation recommendation