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

CHAP. III] JUDICIAL APPEALS 1371 were taken to get rid of the difficulty caused by the contra- dictory decisions of the High Court and the Privy Council. There was passed in the session of 1907 an Act, No. 8 of 1907, to amend the Judiciary Act of 1903. The important clause of the Act was the second, which provided that in any matters other than trials of indictable offences involving any question however arising as to the limits inter se of the constitutional powers of the Commonwealth, and those of any state or states, or as to the limits inter se of the constitutional power of any two or more states, the jurisdic- tion of the High Court shall be exclusive of the jurisdiction of the Supreme Courts of the states so far as that the Supreme Court of a state shall not have jurisdiction to entertain or determine any such matter either as a Court of First Instance or as a Court of Appeal from an inferior Court. By s. 5 it is provided that— when in any cause pending in the Supreme Court of a state there arises any question as to the limits inter se of the constitutional powers of the Commonwealth and those of any state or states, or as to the limits inter se of the constitu- tional powers of any two or more states, it shall be the duty of the Court to proceed no further on the cause, and the cause shall be by virtue of this Act, and without any Order of the High Court, removed to the High Court. The Act is made under s. 77 (2)! of the Constitution, which empowers the Parliament to define the extent to which the jurisdiction of any federal Court shall be exclusive of that which belongs to or is vested in the Courts of the states. It would have been impossible, in view of the decision in Webb v. Outtrim ® to provide by a Commonwealth Act either that an appeal by special leave, or an appeal without special leave, should not lie from the decision of a Supreme Court, since by the judgement of the Privy Council that provision would be an interference with the Constitution of the state, and therefore be repugnant to the Commonwealth of Australia Constitution Act and to the Acts (9 Geo. IV. c. 83, 8. 15, and 7 & 8 Vict. c. 69) which define the jurisdiction of ' It was foreseen that this could be done ; see Quick and Garran, op. cit., p. 755; 4 C. L. R.. at p. 1114. See Debates, 1907, pp. 487-500, 564-85, 3749-95. 2 [19071 A. C. 81.

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