IMPARTIAL JUSTICE

Hawke's Bay Herald-Tribune, Issue 186, 24 August 1937, Page 7

IMPARTIAL JUSTICE

- Press Assobld.tion.1

!- ' Couits Miist be Completely Independent JUDGE'S OPINION

(By i'eiegfitpb-

AUCKLAND, This Day. Support of the coilteiition by Mr J. H. Luxford S.M., that pi'otection should be given to magistfates W&s expfessed b^' Sli- Justice Ostlef When illtefvidwed in tbe Supreine CoUft this moffiiiig. "A most important funetion of the State is the impartial administration df jus-l tice,'' said his Honouf. THUman expefience has shown that the safest and best way of ensufing pure ftdHiiiiistration of justice is absolutely inde•pelidence of those engaged in its administfatidii. "After tho unfoftuhate eXperience of subservient judgds during the period of the Stuarts ha England," he added, "that independeilce Was finally provided so far as judges were coiicerned in the Act of Settlement of 1701. So important was the pfincipio conSidefed that it has been ever since enslirined in evefy democratic constitution based on the English model. It is to be found in the constitution of tlie United Statds of America, of ali the AUsttaiian States and of New 2ealand. "In addition to the constitutional position of judges makiiig them independent of the ExecUtive, the English law lias i'or a long time provided that judges sliall be absolutely iinmune from civil Iiabiiity for aiiythiiig they say oido in execution Of their duty. As pointed out by Mr Luxford, tliis rule was revised not for the protection of

judges but for the benefit of the public. "The surest way of providing foi purity and independenCe of adminis* tration of justiee," his Honour de* clared, "is to provide that those en* gaged in its administration should be put in a position of independence and freedom from fear of conseqtientes. Then,'if men of higli character are cliosen. that is tlie best system hUman thougbt can devise. Tliere is no reason, to my mind. wliy magdstrates should not be put in tlie same position witb judges in being botli independent and of tbe Executive and immune from tlie consequences of their acts done without malice and in execution of their duty.'i