CHAP. TIT] JUDICIAL APPEALS 1367
special reason the certificate should be granted, and there-
upon an appeal shall lie to Her Majesty in Council on the
question without further leave.
Except as provided in this section, this Constitution shall
not impair any right which the Queen may be pleased to
exercise by virtue of her royal prerogative to grant special
leave of appeal from the High Court to Her Majesty in
Council. The Parliament may make laws limiting the mat-
ters in which such leave may be asked, but proposed laws
containing any such limitation shall be reserved by the
Governor-General for Her Majesty’s pleasure.
During the debates in the House of Lords on the passing
of the Bill it was pointed out by Lord Russell of Killowen !
that while there was no appeal from the High Court except
by its own leave in the special class of cases mentioned,
there still existed an appeal from the decision of the State
Courts direct to the Judicial Committee, and that a conflict
of authority was thereby invited, since it might be held that
the decision of the High Court, in a matter in which it could
prevent an appeal to the Privy Council, should be regarded
as equally final with the decision of the Privy Council in cases
brought from a State Court. Mr. Haldane 2 also, in the
House of Commons, agreed that there was a possibility of a
sonflict of authority, but Lord James of Hereford ® expressed
strongly the view that the decision of the Privy Council
would prevail, as it was the decision of Her Majesty herself
as the fountain of justice, administering justice throughout
her Empire at home and abroad.
Lord Davey? supported Lord Russell’s view, but the
other view was accepted by Lord Selborne.’ Lord Alverstone,®
and by Sir Robert Finlay.”
The Commonwealth Judiciary Act, 1903, by which the
High Court was constituted, provided by s. 39 (2) that the
several Courts of the states should have federal jurisdiction
except as provided in s. 38, and subject to conditions that
every decision of the Supreme Court of a state in the exercise
- Commonwealth of Australia Constitution Bill, p. 109.
* Ibid., p. 68. ¢ Ibid., p. 108. * Ihid., p. 101,
Thid.. p. 113. s Ibid., p. 117. T Ibid., p. 70.
