The Law Reports (Volume 1; V. 1865-1867); Privy Council Appeals (Paperback)

Book may have numerous typos, missing text, images, or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1867. Excerpt: ... supreme legislative authority in a Colony, however small, and the J. C. importance of its functions, require more efficient protection than 1866 that which has just been indicated; that it is unseemly or incon- Doylb venient to subject the proceedings of such a body to examination F"' by the local Tribunals; and that it is but reasonable to concede to it a power which belongs to every inferior Court of Record. On the other hand, it may be urged, with at least equal force, that the power contended for is of a high and peculiar character; that it is. in derogation of the liberty of the subject, and carries with it the anomaly of making those who exercise it Judges in their own cause, and Judges from whom there is no appeal; and that if it may be safely intrusted to magistrates, who would all be personally responsible for any abuse of it to some higher authority, it might be very dangerous in the hands of a body which, from its very constitution, is practically irresponsible. Their Lordships, however, are not at liberty to deal with considerations of this kind. There may or may not be good reasons for giving by express grant to such an Assembly as this, privileges beyond those which are legally and essentially incident to it. In the present instance, this possibly might have been done by the instrument creating the Assembly; since Dominica was a conquered or ceded Colony, and the introduction of the law of England seems to have been contemporaneous with the creation of the Assembly. It may also be possible to enlarge the existing privileges of the Assembly by an Act of the Local Legislature passed with the consent of the Crown, since such an Act seems to be within the 3rd section of the recent Statute, 28 & 29 Vict. c. 63. That extraordinary privileges of this kind, when regularly acqu...