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 1385 refer directly to the Privy Council, but the question has been fought out in the High Court of Australia, and now an appeal will be brought from the decision to the Judicial Committee. In the case of the prohibitory liquor laws legislation of Canada the views of the Supreme Court were referred to the Privy Council for advice, and an opinion was reluctantly given.? In all such cases the Judicial Committee is unwilling to deal with hypothetical instances, even on appeal, from the Supreme Court of Canada, just as that Court is unwilling to decide cases ex hypothesi. None the less, the Court has decided several most important points in this manner, includ- ing the question of fishery powers ;® the position is curious, for the decisions of the Supreme Court in these cases are extra-judicial, though an appeal is allowed. No case has yet thus been decided on appeal from a Provincial Court. It is otherwise as regards Australia ; the Commonwealth Act, No. 34 of 1910, contemplates full judicial weight being accorded to the decisions of the Court.’ ' For other cases of reference cf. in re Wallace, 1 P. C. 283 ; in re Pollard, 2 P, C. 106; MacDermott v. Judges of British Guiana, ibid., 341; on re Ramsay, 3 P. C. 427; Emerson v. Judges of Supreme Court of Newfoundland, 8 Moo. P. C. 157 ; Smith v. Justices of Sterra Leone, TMoo. P. C. 174 (cases of relations of attorneys and justices); Atforney-General of Queensland v. Gibbon, 12 App. Cas. 442 (vacation of seats of Legislative Council, Queens- land, above, p. 1375, n. 5); Cloete v. Reg., 8 Moo. P. C. 484 (removal of recorder in Natal under Ordinance No. 14 of 1845) ; Malta marriage case, Parl. Pap., Cd. 7982. * Cf. Bourinot, Constitution of Canada, p. 105 ; [1896] A. C. 348. ' {1898] A. C. 700. ! Cf. Wheeler, Confederation Law, pp. 394, 395, 401, 402, 405, 406. ' In Bruce v. Commonwealth Trade Marks Label Association, 4 C. L. R. 1569, the High Court declined to decide the abstract question of the validity of Part VII of the Trade Marks Act, 1905; see Harrison Moore, Commonwealth of Australia,’ pp. 394 seq. It may be added that the Privy Council is not bound by its own judgements of necessity, differing from the House of Lords. For cases of conflict with the Court of Appeal in England, of. Victoria Railway Commissioners v. Coultas and Wife, 13 App. Cas. 222, with Pugh v. London, Brighton, and South Coast Railway Co., [1896] 2 Q. B. 248 ; Wilkinson v. Downlon, [18971 2 Q. B. 57, and cf, 3 App. Cas. 115 with 4 App. Cas. 324.

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