LA WYERS DISCUSS COMMONWEALTH

Press, Volume CIV, Issue 30839, 26 August 1965, Page 13

LA WYERS DISCUSS COMMONWEALTH

(N Z Press Assn —copyright) SYDNEY, Aug. 25. The rule of law was a vital element in a high civilisation, the Prime Minister, Sir Robert Menzies, said today. He was officially opening the Commonwealth Law Convention attended by 3000 delegates and guests in the Sydney Town Hall. Sir Robert Menzies said lawyers were bound in conscience to battle to establish and maintain the law. The convention was opened after Australian and other Commonwealth judges, in their colourful robes, followed by the Lord High Chancellor, Lord Gardiner, had moved in procession to their seats on the town hall stage.

After a fanfare of trumpets, they were welcomed by Mr John Kerr, Q.C., president of the Law Council of Australia. Mr Kerr read a message from Queen Elizabeth.

Mr Kerr said it was a re-cord-breaking assemblage of lawyers whose countries and governments had much in common.

“We are not here to talk politics,” he said. “Let us be lawyers together.” He said the theme of papers to be considered at the conference was “As 1965 Challenges Law and the Lawyers.”

Sir Robert Menzies in opening the conference, said it was not a political one. “We are here as lawyers,” he said. “The law was my first love and remains my last. I have always regarded politics as an untimely interruption.” He said the rule of law and institutions of law were both

under challenge in this confused period of modern history. They had to face up to the fact that there was a challenge to the law. to the institution of the law.

The Lord High Chancellor of Great Britain, Lord Gardiner, in responding, said he had been told by more than one Australian lawyer that in their view the Commonwealth “had had it,” and, within five years, would break up. “1 don’t believe this to be true,” he said.

“I always say what I think and I am not known for the extreme conservatism of my views.

“If I thought the Commonwealth was coming to an end I would say so. but I don't believe it.” Lord Gardiner said it was still a unique body, apart Ifrom the United Nations

which did not seem to be what it was.

The Commonwealth provided the only grouping of countries in the world which included the aligned and the non-aligned, the industrially developing, and developed countries.

One of the great virtues of the Commonwealth was that it enabled the leaders of all these countries to get together with a common link. It was of great value for a body of 21 nations to have these facilities, he added. Their very diversity of opinion was a source of strength rather than of weakness.

The Commonwealth was more than a body of governments, because behind the Governments there was a web of contracts woven over the years to suit present needs. Lord Gardiner said one of

the questions he would like to see decided was whether a true Commonwealth court of appeal could be set up to which the United Kingdom would come on exactly the same footing as any other member of the Commonwealth.

Another vital question was whether the existing machinery of law reform was sufficient to effect changes needed in current economic and social conditions, he said.

New Zealand’s Chief Justice, Sir Harold Barrow. clough, told the conference: “My country and I will do all' we can to maintain the Commonwealth.

“Next to the Queen, the strongest tie (between Commonwealth members) is the common law of England." This New Zealand inherited and helped to develop later.

“We venerate the Commonwealth, we venerate the common law, and we venerate the land from which it sprung," he said. The Chief Justice of Trinidad and Tobago, Sir Hugh Wooding, said West Indians were grateful for the privilege to be represented at the conference. It behoved lawyers to be vigilant to see the law was apt. he said. He said West Indians supported views expressed for a Commonwealth court of appeal.

They felt the Privy Council was reaching the end of its tether and also that there should be something in its place to which all countries should look.

The court, he said, should be manned by the best judges throughout the Commonwealth.