MR HISLOP'S MEETING AT OAMARU.
The opinion of the Attorney-general upon the relationship of the Bench to the Government as read by Mr Hislop at his meeting at Oamaro is as follows : — A district judge holds office at the pleasure of the Governor, and has therefore virtually the same tenure as a justice of the peace. Supreme Court judges are in a different position, being subject to special provisions under the Supreme Court Act. I do not find any case in reference to English County Court judges, but plenty about justices. It is the duty of the Executive to keep a strict watch over the administration of justice and to deal with any irregularities. A passage in Todd says : " Bearing in mind the general responsibility of Ministers of the Crown for the due administration ofjustice throughout the kingdom." And again : " The Home Secretary has a direct controlling power over the administration of justice." The Home Secretary in England (here the Minister of Justice) is responsible for the due administration of justice, and all the inferior administrators are responsible to him and he to Parliament. The cry of interfering improperly with the administration of justice, as in Mr Ward's case, is nonsense ; the Minister of Justice would be wrong to interfere with the administration of justice, and it would be wrong not to interfere with them when they do wrong. You will recollect that recently a commission was issued to inquire into Judge Rawson's (he is a district judge) conduct. Justices have been dismissed.
Through a curious blunder the above was not included in our telegraphic report of the meeting, the views of some colonial barristers which were read afc a subsequent stage of the meeting being credited instead to the Attorney-general.
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Bibliographic details
Otago Witness, Issue 1974, 19 September 1889, Page 18
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291MR HISLOP'S MEETING AT OAMARU. Otago Witness, Issue 1974, 19 September 1889, Page 18
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