GUARDING JUSTICE.

Waikato Times, Volume 121, Issue 20280, 24 August 1937, Page 8

GUARDING JUSTICE.

NO CIVIL LIABILITY PRINCIPLE OF ENGLISH LAW JUDGE SUPPORTS MAGISTRATE (By Telegraph.—Press Association.) AUCKLAND, Tuesday. Support of the contention by Mr J. H. Luxford, S.M., that protection should be given to magistrates was expressed by Mr Justice Ostler when interviewed at the Supreme Court this morning. “ A most important function of the State is the impartial administration of justice,” said His Honour. ” Human experience has shown that the safest, and best way of ensuring the pure administration of justice is the absolute independence of those engaged in its administration. After the unfortunate experience of subservient judges during the periods of the Stuarts in England that independence was finally provided so far as judges were concerned in the Act of Settlement of 1701. So important was the principle considered that it had been ever since enshrined in every democratic constitution based on the English model. It Was to be found in the Constitution of the United States of America, of all Australian colonies and of New Zealand.

“ In addition to the constitutional position of judges, making them independent of the executive, the English law has for a long time provided that judges shall be absolutely immune from civil liability for anything they say or do in the execution of their duty. For the Publio Benefit. “As pointed out by Mr Luxford, this rule was devised not for the protection of judges but for the benefit of the public,” added His Honour. “ The surest way of providing for the purity and independence of the administration of justice is to provide that those engaged in administration should be put in a position of independence and freedom., from fear of consequences. Then, if men of high character are chosen that is the best •system human thought can devise.

“ There, is no reason to my mind why magistrates should not be put in the same position with judges iff being both independent of the executive and immune from the consequences of their acts done without malice and in execution of their duty.”