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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Document type:: Multivolume work

Structure type:: Chapter

Title:: Part VI. The judiciary

Collection:: Economics Books

CHAP. III] JUDICIAL APPEALS 1379 the Empire decided that the Privy Council should be consti- tuted in a special manner for the hearing of appeal cases, there would be no objection to that being done. With regard to the proposal of the fusion of the House of Lords and the Privy Council, he pointed out that it had never been fully discussed in England, and that it would be premature to accept the principle. As a result of the Conference steps were taken to pass the Act of 1908 which, in addition to amending the Act of 1895 so as to include among the judges eligible for membership of the Judicial Committee judges of the High Court of the Commonwealth of Australia, of the Transvaal and Orange River Colony, and of Newfoundland, made provision for Colonial judges sitting as assessors in accordance with the suggestion put forward by Sir Joseph Ward and accepted by the Lord Chancellor. On the other hand, the Government of New Zealand moved at the Imperial Conference of 1911 the following resolution — 1 Imperial Court of Appeal. ‘That now it has become evident, in consideration of the growth of population, the diversity of laws enacted, and the differing public policies affecting legal interpretation in His Majesty’s Oversea Dominions, that no Imperial Court of Appeal can be satis- factory which does not include judicial representatives of these Dominions.’ The following is the text of the resolution proposed by the Government of the Commonwealth of Australia ‘— Imperial Appeal Court. ‘That it is desirable that the judicial functions in regard to the Dominions now exercised by the Judicial Committee of the Privy Council should be vested in an Imperial Appeal Court which should also be the final Court of Appeal for Great Britain and Ireland.’ As regards the latter proposal it is doubtful if this country is prepared to see British appeals decided by a Court on which Colonial members would sit, and unless it is so Parl. Pap., Cd. 5513; see below, Part VIII, chap. iii.

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