te shall, with such
exceptions (not including cases which involve questions as to the
validity of any law) and subject to such regulations as may be
prescribed by law, have appellate jurisdiction from all decisions of
the High Court. The decision of the Supreme Court shall in all cases
be final and conclusive, and shall not be reviewed or capable of
being reviewed by any other Court, Tribunal or Authority whatsoever."

To which, in the present draft, the following apparently contradictory
words are now added:

"Provided that nothing in this Constitution shall impair the right of
any person to petition His Majesty for special leave to appeal from
the Supreme Court to His Majesty in Council or the right of His
Majesty to grant such leave."

According to this article as it now stands the Supreme Court of the Irish
Free State is the highest court of appeal for all citizens of that State;
but if any citizen, or any corporation, desires to affront the sense of
those amongst whom he, or it, lives, he or it may carry a case elsewhere,
outside the country altogether. This is known as the right of appeal to
the Judicial Committee of the Privy Council. The right is rooted in the
principle of Crown prerogative--a prerogative which has been removed in
the highest questions of life and death, but which apparently exists in
smaller matters, although there too it has been described by no less an
authority than Professor Berriedale Keith as "in process of obsolescence,"
so far as the other members of the Commonwealth are concerned.

Apart from the theory of the matter, however (a theory vested in an
outworn feudalism), what is its effect in practice? That practice can be
investigated on its merits, without the least prejudice; and it will be
found that it has not produced justice, and that it has proved fruitful of
increasing irritation and anger.

In the first place, such a right of appeal out of the country defeats the
ends of justice by placing a premium on wealth. It has so proved among the
other members of the Commonwealth. It is obvious that it must be so. For
it requires a large purse to carry a case out of the country, once it has
been well handled in at least two courts at home. Therefore the experience
in Canada, Australia and S. Africa is that only strong corporations take
advantage of such a right of appeal, because only strong corporations
possess the moneys, and only st