Full text: Responsible government in the Dominions (Vol. 3)

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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