FREE BOOKS

Author's List




PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>  
rong corporations can afford to defy local feeling, since local feeling cannot react easily against anything so powerful while so intangible as a corporation. In the second place, it defeats the ends of justice because it is an appeal to a court where the local circumstances are not familiar, and where it may even happen (as it will certainly happen in the case of Ireland) that the very axioms of the law may not be rightly apprehended. For a central court of appeal of this kind supposes uniform circumstances and uniform law. Now the circumstances manifestly are not uniform. Yet neither is the law likely to be uniform. The example of S. Africa may be taken. In S. Africa the law in force is Roman-Dutch law, not the English Common Law. It has therefore proved that the Judicial Committee has been required to handle an instrument with which it is unfamiliar. The same will apply in Ireland, where it has already proved, notoriously, that the principles of the law known familiarly as "Brehon law" have worked in opposition to the black-letter precedents of English law. In addition to this, however, it is to be remembered that the lawyers composing the Judicial Committee are obviously unfamiliar with the principles underlying the structure of our Constitution, since they are quite unlike the principles with which they themselves have to deal. One need not argue which are the better. It is enough that they are unlike. A mechanic cannot be supposed to deliver impartial justice between two farmers in a matter of farming economy. The famous case of the Loch Neagh fisheries is enough to prove that only those who are familiar, not only with Irish circumstances, but with Irish history, can expect to deliver justice in Irish matters. Moreover, there is a further consideration, which the plain facts of the case require should be firmly stated--and which the experience of other nations of the Commonwealth emphasises. It is that under the chief of the two heads under which such appeals to the Judicial Committee would fall the very intention to do impartial and indifferent justice could not presumed in advance. For all such appeals involve two classes of cases. The first deals with appeals from interpretation of the ordinary law. The second deals with appeals from interpretations of the Fundamental Law of the Constitution. Now appeals from an interpretation of the ordinary law heard in some country where the principles of that law are un
PREV.   NEXT  
|<   36   37   38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60  
61   62   63   64   65   66   67   68   69   70   71   72   73   74   75   >>  



Top keywords:

appeals

 

principles

 
justice
 

uniform

 

circumstances

 

Committee

 

Judicial

 
Africa
 

proved

 

Constitution


unlike

 

impartial

 

deliver

 
unfamiliar
 
English
 

happen

 

appeal

 
ordinary
 

familiar

 

interpretation


Ireland
 

feeling

 
fisheries
 

expect

 

matters

 

involve

 

history

 

classes

 

economy

 
supposed

mechanic

 

farmers

 

famous

 
Moreover
 

farming

 
matter
 
country
 

emphasises

 

presumed

 
nations

Commonwealth

 
indifferent
 
intention
 

experience

 

interpretations

 

consideration

 

require

 
firmly
 
stated
 

Fundamental