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

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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