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

1376 THE JUDICIARY [PART VI The presence of at least three members, exclusive of the Lord President of the Council, is necessary for the hearing of any case under the Act of 1851, and no report can be made unless a majority of the members present at the hearing concur. Under an Order in Council of February 4, 1878, confirming the old Order of February 22,1627, the Committee, differing herein from the House of Lords, embody their con- clusions in a collective report, and do not publish dissenting opinions. Under the Act of 1908 a general Order in Council is made at the beginning of each reign, referring to the Judicial Committee all appeals to His Majesty in Council ; formerly an annual order was made. In one or two cases guestions are referred to a mixed committee containing members of the Judicial Committee and other Privy Coun- cillors. Such cases are thus provided for in the Act of 1877 respecting the Universities of Oxford and Cambridge; and in the case of proceedings by reference under s. 4 of the Act of 1833 for the removal of a Colonial judge, Privy Councillors not members of the Judicial Committee usually sit. In 1901} at a Conference, certain suggestions were made by Mr. Justice Hodges representing Australia for the creation of a single Court of Final Appeal, to be styled His Majesty’s Imperial Court of Final Appeal, in which should be vested the appellate jurisdiction of the House of Lords and of the King in Council. The Court was to be composed of the Lord Chancellor ag president, the Lord Chief Justice, the Master of the Rolls, the members of the House of Lords who sit in appeal cases before the House of Lords, the members then existing of the Judicial Committee, and one person appointed 2 by the Lord Chancellor from each of India, Canada and Newfoundland, South Africa, and Aus- ! The proposal grew out of the discussions of 1900 as to the restriction in the Commonwealth Constitution of the right of appeal to the Privy Council. It was suggested first apparently by Mr. Haldane, and adopted by Mr. Chamberlain (Hansard, ser. 4, Ixxxv. 271), that the objection to appeal would disappear if the Court were strengthened. See Parl, Pap., Cd. 846, and cf. Quick and Garran, op. cit., pp. 243 seq. * Appointments for fifteen years were recommended at suitable salaries, Others than judges were also to be eligible.

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