The Hawera Star. MONDAY. AUGUST 19, 1929. THE PRIVY COUNCIL.

Hawera Star, Volume XLIX, 19 August 1929, Page 4

The Hawera Star.

MONDAY. AUGUST 19, 1929. THE PRIVY COUNCIL.

Delivered every evening by 6 o’clock in Hawera, Mann in , Xormanby, Okaiawa, Kit liam. Mangatoki, Kaponga, Alton, Hurley ville, I’atea. Waverley, Mokoia. Whakamara, Ohangail Meremere, Fraser Hoad and Ararata.

The constitutional change which, a cablegram reports, the "Daily Herald’s’’ political correspondent expects the British Government to make, or to enable such of the Dominions to make as wish it, is of considerable importance. It would end the supreme judicial authority of the Privy Council, that is to say of its Judicial Committee, over'the Irish Free State, which has asked for absolute judicial independence; and it is implied that South Africa would avail itself of the same right, if it were offered. While Can- j

ad a, Australia, and New Zealand, in the "Daily Herald" writer’s probably correct opinion, would elect to 1 maintain the existing relations between their Courts and the Council, any legislation the British Government may pass is

likely to be so framed as to facilitate prospective changes as well as to effect those immediately desired. The subject has been discussed in Canada on more than one occasion, and it has figured in the deliberations of the Imperial Conference. At the conference in 1926 the matter was held over for future consideration, aind the representatives of the Irish Free State- did not then press for an expression of opinion. The policy favoured by the Labour Government is that the decision should be left to each self-governing unit. Some of the loading jurists have advocated a. course that, would leave the right of appeal to the Privy Council to be granted only at the discretion of the highest court of the dominion concerned. The action of the Government ait Dublin is of interest because it throws light on- the policy adopted to demonstrate its absolute freedom of action. This-policy has boon doomed necessary -because of the political position in the Free State, and it has -boon pursued with persistency. I t will be remembered, that some years ago, a( the Assembly of the League- of Nations at Geneva,-the Free State delegation challenged- the generally accept-j od agreement with regard to representation on the Council, and nominated the Free State for one of the non-per-manent seats. That was taken to- be •a gesture showing the political independence -of the country. Not. long afterwards, Air Fitzgerald, Minister of Defence, in tin important speech, mentioned matters oti which an understand-

ing -was necessary, and among them was “ the question of appeals from Dominion Supreme Courts to t lie Privy Council.’' In considering (he value of the right -of appeal to It he Privy Council the .purely .judicial weight, of the Judicial Committee should not be considered alone.

Its constitution admits judges from the Dominions, and 11 ii =• gives it an Imperial character, widen removes the objection, sometimes mistakenly urged, again sit the subjection ef Dominion Courts lo !a Court of the United Kingdom. Indeed, the constitution and functioning of the Judical Committee actually exemplified, long before the Imperial Conference gave it expression and force, the principle that supreme Imperial authority is the Crown’s, l.ot that of the Pai'lianien; of Great Britain. The conclusion is hard to resist that a dominion, 'by ceasing to allow appeal to the Privy Council, wguU not gain or assert any independence which is not already its oivn and .v.iieh is toot, in fact, k sorted in tli? working of this Empire Court of Appeal. It would ovoaken tc some extern the Imperial structure and it would forgo some moiy real legal and judicial advantages.