THE FINAL COURT OF APPEAL.

Dominion, Volume 4, Issue 1008, 24 December 1910, Page 17

THE FINAL COURT OF APPEAL.

.-Sir,—ln his speech to the Wellington law students a few days ago, his Excellency the. Governor made some important remarks in reference to tho composition of. the Judicial Committee of the Privy Council, which- is the final Court of Appeal from the Courts of Law of the Empiro outside the British Isles. In _all the references in leading columns and elsewhere which I have read to the Governor's speech oil this point, an important error has been made by all thcrpapers, with one exception. Papers published in Auckland, Taranaki, .Wellington, .Chrictchurch, and . clsewliero have referred to. the Judicial Coihinfttec of the-'House ;'of "Lords. 'There is uo

Judicial Committee of"tlio. Houso of Lords. This House is a final Court of Appeal from tho Courts" of England, and Scotland and Ireland in some cases, but has no jurisdiction as regards Courts outside tlio: British Isles, nor aro theso Courts obliged to follow its decisions, though of course in practice the greatest deference is paid to a decision of tho House of Lords. Cases in the llouso of Lords aro argued and heard as in other Courts, but any member of that House has tho right to vote in tho matter, tho judgment being 10 Houso as in the caso of a Pi' • ? act > on ty members who havo hid judicial experience, and often only tho Law Lords,, aro present at tlio hear-, mg and vote. It is important for tho colonies not to eonfuso .the Judicial Committee of the Privy Council with tho Hotiso of Lords, especially just now, when that Houso -is .being weighed, in the balances. •■.■■.■ l

Tho Judicial Committee of the Privy Council is in fact a committeo of tlio Council, which does nearly all its work through committees! The members of the. Judicial Committee may or. may not be members of tho House of Lords —the majority present at any sitting generally aro not. Indeed tho English haw List shows that a majority of thoso usually attending aro not peers; but men.'who' havo had high judicial , experience in India, Canada, South Africa, arid other parts of the Empire, besides tho British Isles. The Judicial Committee has the most varied and widespread jurisdiction of ?iT>' 9° urt " 10 nor ld ' ias yet known.'. "Regions Caesar never knew," as well as regions that appealed-unto Caesar as, their final Court of Appeal, bring their cases to tho Judicial: Committee. It frill now bo hearing a i case involving the consideration of somo old Norman custom from the Channel Islands; tho next caso will perhaps turn •on the legal force of some curious family or religious custom from a remote tribe ill India or Ceylon; whilo these will be followed by difficult technical points of modern company or insurance law in somo case between great commercial enterprises.in Canada or Australia; or the committee will bo called upon to evolvo order out of chaos, and sense and logical meaning out of a clause in a Licensing, or Gaming Act of tho New Zealand Parliament. . ■ From five• continents and the • seven seas, from peoples and tribes of almost every tongue and colour,,and from the most varied systems of law and custom appeals come to' tliis extraordinary., tribunal. Lord Islington, with diio : deference, is surely right' in calling attention to the .vital necessity ,of making sure that the supreme Court of Appeal for the Empire outsido tho British Isles is composed 'of the most able and competent -and experienced members that can bo found. Its constitution must have the closest attention and consideration, both by tlio 1 British Cabinet and by tho members of the Colonial Conference who meet next' year in London.—l am, etc., , ' ... '. ' - , JOHN DOE. \\ ellmgton, December 22. ••