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

1526 IMPERIAL UNITY [PART VIII 
the Union had full powers. The resolution in favour of an 
extension of the legislative power of the Dominions was 
passed therefore only by New Zealand and Canada, and the 
Imperial Government made no pledge that it could do 
anything substantial to comply with the wishes of the 
Dominions in this regard. 
(4) The Imperial Court of Appeal 
On June 12 the important question before the Conference 
was that of the Imperial Court of Appeal, resolutions having 
been proposed by the Commonwealth of Australia in favour 
of the transfer to an Imperial Appeal Court of the powers 
exercised by the House of Lords in respect of appeals from 
the United Kingdom Courts and the powers exercised by 
the Judicial Committee of the Privy Council ; and by the 
Government of New Zealand, that no Imperial Court of 
Appeal could be satisfactory which did not include judicial 
representatives of the overseas Dominions in view of the 
diversity of laws enacted, and the differing public policies 
affecting legal interpretation in those Dominions. In support 
of the resolution of the Commonwealth, Mr. Batchelor 1 
thought that it was anomalous to have two final Courts of 
Appeal, that the existence of two such Courts gave a possi- 
bility of conflicting judgements, while the similarity of the 
personnel of the Courts was an argument in favour of their 
merger. He criticized also the system under which the 
members of the Judicial Committee did not give individual 
judgements, and he much preferred the system by which 
individual judgements were given. Lord Loreburn? then 
explained the nature of the existing Courts and their juris- 
diction. The House of Lords comprised the Lord Chancellor, 
the four Lords of Appeal with any previous Chancellor, and 
any Peer who had held high judicial office, and it heard all the 
appeals from the United Kingdom. Three members formed 
a quorum, but the Court usually sat with at least four. The 
Judicial Committee had heard all the appeals from Colonial 
and Dominion Courts, from the Channel Islands. the Isle 
Cd. 5745, pp. 214-6. 
2 Tbid., pp. 216 seq.
	        
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