LIBERTY OF THE SUBJECT

Ashburton Guardian, Volume 66, Issue 248, 1 August 1946, Page 3

LIBERTY OF THE SUBJECT

COMMENT BY SIR MICHAEL MYERS ip.A.l WELLINGTON, July 31. The kiAV, as an educated, learned, and highly-trained profession, should on certain suojeeis lead public oiunion, particularly on mailers touching die auministialion of justice, saiu ilie retiring Chief Justice (Lie IU. Hon. Sir Michael Myers; when replying to tributes paid to mm by the legal profession to-day. “This Court, is the only bulwark left of the liberty and rignts of the subject,” said Sir Michael Myers, "it is your duty and your privilege to right to protect that liberty and those rights. Every encroachment upon the jurisdiction of the Court involves a curtailment of those rights, and in some cases those of 1 lie A r ery liberty of the subject.” Government by regulation and the administration of justice by administrative tribunals Avliieh restricted and took away from the subject that fundamental democratic right of access to file established courts lie deplored. It might well mean that even where an appeal to a Minister was provided for it was tantamount to an appeal to the head of a department, or some person eA r en junior to that head. As a body the legal proiession was surely interested in matters ol that kind. The prestige of the courts and judges and magistrates was largely in their hands. His Honour referred to the status of magistrates and deplored the absence of any right of appeal to the Supreme Court against dismissal or suspension. Sir Michael Myers also recommended that a separate Court of Appeal, consisting of three judges, should be set up along the line of a Bill drafted as long ago as 1908 by Dr. (later Sir John) Findlay. That Avoulcl obviate a great deal of the delay caused now through the difficulties of judges in having to attend io session and cncuit Avork as well as Court of Appeal sittings.