A LEGAL BATTLE

Waikato Times, Volume 116, Issue 19451, 15 December 1934, Page 6

A LEGAL BATTLE

A nice question has provided the British Empire with the spectacle of its two highest legal dignitaries opposing each other in a grim battle in the House of Lords. The subject of the contentions of the Lord Lhief Justice is a resentment against the appearance of any suggestion of political influence in the composition of England’s judicature. On broad grounds of principle there will be support for Lord Hewart’s attitude throughout the Empire, and the reply of the Government, to be delivered by the Lord High Chancellor, Viscount Sankey, will be most eagerly awaited.

The situation is best understood by a realisation of the exact position in British law of the two dignitaries, and the composition ,of the Courts. The Lord High Chancellor, who is a member of the Cabinet, tills a political office, and he retires when the Government to which he belongs resigns or is defeated. lie is the head of- the Legal profession in England. The Lord Chief Justice; on the other hand, is appointed for life, or until retirement, and his position is a judicial and not a political one. 1 The Lord High Chancellor, who combines the office of Speaker of the House of Lords, presides over the Chancery Court, and is one of the ex-officio judges of the High Court of Appeal, which is presided over by the Lord Chief Justice. The latter presides in addition over the Court of King’s Bench and the Court of Criminal AppealLord Hewart has strenuously objected to a provision in the bill which seeks to limit the number of justices in the King’s Bench Division, alleging that such a step would be to bring the composition of the bench within political control. . ~