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

1382 THE JUDICTARY [PART VI a judge familiar with the English law as applied to Canada, a judge familiar with the same law as applied to Australia, a judge familiar with the same law as applied in New Zealand, and perhaps a judge familiar with French law. It would probably be impossible to assume that a judge familiar with English law would be satisfactory for Canada, Australia, and New Zealand, for the systems of law developed in these three countries, while resting on the basis of English law, have developed many important local peculiarities. In any case the actual selection of a judge would no doubt have to rest with the Colonies, and, if the number were limited, with the self-governing Dominions in rotation. The Imperial control would be exercised through the fact that the choice of the Colonies would be restricted to Privy Councillors and the grant of the dignity of a Privy Councillor lies with the Imperial Government. In any case it would appear to be desirable to modify the Act of 1895 as amended in 1908, so as to provide that every person who falls within the qualifications of these Acts should be automatically a member of the Judicial Committee, thus removing the restriction at present of the number to five. There seems no sound reason for restricting the number, and it seems unlikely that any possible disadvantage could result, as no Colonial Chief Justice is created a Privy Councillor unless he is of substantial merit and standing. § 4. Cases OF SPECIAL REFERENCE In addition to cases which are brought to the Judicial Committee on appeal, it is provided by s. 4 of the Act 3 & 4 Will. IV. c. 41, that His Majesty may refer to the Judicial Committee any such matters whatsoever other than appeals as His Majesty shall think fit, and the Committee shall there- upon hear or consider the same, and shall advise His Majesty thereon, as in the case of regular appeals. Such references have in the main been in the case of suspension of judges by the Governor in Council or in cases of request for removal by the Legislature. This was the case, for example, when the representatives of the Island of Grenada petitioned for

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