Greymouth Evening Star. TUESDAY, JULY 24, 1945. JUDGES AND LAWS.
jQOMMENTS made by New Zealand Judges suggest that they do not regard with veneration all the laws it is their duty to administer. Indeed, they are candid critics and not only on one or two subjects. It would appear that these experts in legal matters and phraseology are l not sufficiently consulted by the Government when drafting bills, and as a consequence, when these become law, Judges ' are handicapped in maintaining justice on the highest levels. The Courts have to give decisions nullifying legislation, this ■ creating friction between Government circles and the Bench. There seems something lacking, and the time is overdue for reform. If Judges cannot wholeheartedly admire the laws of the country, how can laymen respect these? Judges are austere, aloof and dignified by their profession, but arc probably really very human. Were only one or two given to caustic remarks about the country’s laws, little notice would be taken, but, in this Dominion, which is proud of its standards of the maintenance of justice, most of the occupants of the highest Benches find it desirable to regret this and that concerning the country’s laws, and none more often than the Chief Justice, Sir Michael Myers. Perhaps he is chosen by his colleagues in virtue of his position, to voice their laments, but be that as it may, it is not edifying for it to be necessary for the Chief- Justice to become critic. Perfection may never be reached but the combined experience of Judges should be utilised by the Government to remove “blots” and other defects in the administration of justice. Arc consultations held, or does the Government consider it can do without expert advice ? The Chief Justice, yesterday, in his charge to the grand jury at the Wellington Supreme Court, referred to “blots” in administration of justice. Tie praised the proposal to institute a Court of Criminal Appeal, but emphasised how greatly overdue this facility was. He recalled how often he had directed attention to the need for such Appeal Court. Why are recommendations from such an authoritative quarter ignored? Who can say how great injustice may have been caused by the absence of a Criminal Appeal Court' Sir Michael also had something to say about charges against bookmakers, and of the difficulty in dealing with those who flouted the Gaming Act. Opinions differ concerning the licensing of bookmakers, but few defend the present position. Similarly, with breaches of the licensing ' laws, easy divorces, abolition of capital ■ punishment, and difficulty in convicting : abortionists. All these matters are subject j of criticism from the Bench. Judges must ; not be accepted as dictators where the i laws are concerned, but their advice j should be sought and paid adequate respect. ■
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Greymouth Evening Star, 24 July 1945, Page 4
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462Greymouth Evening Star. TUESDAY, JULY 24, 1945. JUDGES AND LAWS. Greymouth Evening Star, 24 July 1945, Page 4
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