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. TIT] JUDICIAL APPEALS 1381 restrict the appeals in addition to the restrictions imposed by 8. 74 of the Constitution itself, no such Bill has been intro- duced,! and at the Colonial Conference of 1907 the delegates from South Africa who were desirous of a single Court of Appeal in South Africa, a desire which has now been rendered effective by the formation of the Union, still preferred that the right to grant special leave to appeal from that Court should remain intact. That the presence of a Colonial judge or judges on the Judicial Committee would really strengthen it may be a matter for legitimate doubt, but it is probable that it would be felt in the Dominions to add weight to the decisions of the Privy Council, however little justified that feeling might be by the actual facts. There seems, therefore, to be some case for considering whether the Colonial representation on the Judicial Committee could not be made real instead of, as at present, in the main nominal. It must be assumed, of course, that if the representation were made real the Colonial judges could sit in all cases of appeals and not merely in cases of appeals from the Colonies. There would, it is assumed, be no objection to this, as if a judge were of sufficient standing to be considered a suitable person to deal with appeals from the Colonies he would be a suitable person to hear the appeals in miscellaneous matters which now lie to the Judicial Committee. To render effective the representation of the Colonies salaries must be provided, and the first question which arises is whether Parliament could be asked to pay salaries to Colonial judges or whether the Colonies should be asked to Pay these salaries. It is certain that there are no doubt Strong objections to asking Parliament to pay. The Colonial appeals exist ultimately for the benefit of the Colonies, and therefore it can fairly be assumed that the Colonies would pay for the judges. The number of judges to be added would presumably include a judge familiar with the Roman Dutch Law and * The Union Parliament has a like power. and is likewise not disposed to exXerciae if

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