The Waikato Times TUESDAY, JUNE 2, 1936. THE GENERAL TREND.

Waikato Times, Volume 119, Issue 19901, 2 June 1936, Page 6

The Waikato Times TUESDAY, JUNE 2, 1936. THE GENERAL TREND.

Public interest passes from Bill to Bill as the Government pro—ceeds with the task of implementing its election policy, but the rc« cess that has been promised Members of Parliament will nfiord the community an opportunity to study the general trend of the legisla—tion. There is one aspect that should have attention. Some years ago the Chief Justice of England published a book, “The New Des—potism,” in which he attacked strongly the modern tendency to give Government Departments what were practically judicial functions. The permanent oflicials drafted the regulations under many Acts and then became the judges as to whether any individual or company had complied Withthem. Lord Heivart was very frank in his criticism as he regarded this trend as a menace to the democracy. A careful study of the recent legislation will probably convince the nnbiassed student that the process has been accelerated here. Many of the Bills have given the Government far-reaching powers, and it would be futile to expect any Minister to give matters of detail his personal attention. As things are they are working at such a pressure that guarded reference has been made to the possibility of additional appointments to the Cabinet, and the names of two members of the party have been mentioned as most likely to be appointed. The creation of the machinery necessary to operate some of the Acts already passed \\‘ill be a long and involved process, and it is evident that matters of details will have to be delegated to officers of the Department concerned. They will make the decisions, although" the rulings will be in the name of the Minister. ‘ i The Transport Bill is a case in point. Under the new order the Minister will be the final court of appeal for licensees, and his finding will be final. Mr Semple has given an assurance that “no injustice will be imposed on anybody,” but in the re-organisation of the transport system of the Dominion no one would expect the Minister to give his personal attention to these matters. They will be dealt with by some of his officers. “ This,” states a southern exchange, “is just another illustration of the acquisition by the Government Departments of judicial functions which they can hardly be qualified to discharge.” The question as to whether anyone has been injustly treated is not one for a Department of State. The ofldcers naturally could not be expected to admit that they had made mistakes. Their duty is to carry out the law. It will lay down the principles Which the work of co—ordinating transport ser—vices is to follow, and the officials will see that the laws and regulations are faithfully observed, but the question of justice to any party to a dispute is one for a court of justice or a. properly appointed tribunal. That was the basis of the criticism made by the Labour member for Tauranga. The tendency to endow Departments with judicial ‘functions is one that should be most closely watched, for it may easily be the most dangerous of the powers that will follow the present policy of centralisation of; authority.