The Strand Magazine, Vol. 01, No. 04 (April 1891)Various
General
The Strand Magazine, Vol. 01, No. 04 (April 1891)
Various
English literature -- Periodicals; Short stories, English -- Periodicals
The appointment of an additional Chancery judge is by many advocated
for the purpose of battling with these arrears. It is, however,
notorious that, owing to the higher scale of costs in Chancery than
in Common Law, solicitors prefer the former for the purpose of trying
their actions. In consequence of this, a large number of cases that
should properly come before the Common Law judges are tried in the
Chancery Division. Surely the effect of removing this gross anomaly
should be seen before further expenditure be imposed upon the nation.
Few probably will go so far as Jeremy Bentham in laying down that the
State should provide for the administration of justice free of expense
to litigants; but there is a very general consensus of opinion in
favour of a simplification of procedure and a limitation of the powers
of appeal, and these are reforms that a willing legislature might well
undertake.
To return to the judges of the High Court, it will be instructive to
inquire how they earn the liberal salaries set forth in the foregoing
table. Commencing at the top, it will be well to consider the position
of that august official the Lord High Chancellor of England. And
whatever remarks we may find it necessary to make, we wish it to be
distinctly understood that we mean no disrespect to Lord Halsbury,
the present learned and capable occupant of the post. It is merely
our object to criticise the office, and our observations, therefore,
will have no personal bearing. In the first place, it is worthy of
note that the most highly paid temporal office in England--that of the
Lord Chancellor--is given rather as a reward for political than for
legal success. Of course, to occupy the post of Attorney-General, the
stepping-stone to that of Lord Chancellor, a man must be a lawyer of
considerable ability. It has, however, been very well said that a good
lawyer can be nothing else; and it is obvious that an Attorney-General
must be a man of some political as well as legal capacity. It is quite
conceivable that there may be a dearth of legal talent on any political
side, and that a moderate man maybe chosen as the chief law-adviser of
the Crown in consequence. Indeed, such a state of things has happened
before now. It by no means follows, therefore, that the Lord Chancellor
is necessarily a man of transcendent legal ability. It is probable,
in fact, that, as a rule, he is not so good a lawyer as the judges
who receive half his salary. And here it may be well to remark that,
although the Lord Chancellor is nominally at the head of the bench,
he can exercise no efficient control over the judges. He can make
appointments to the bench, but judges, once made, can, as already
stated, only be removed by the act of both Houses of Parliament. Thus
a judge, even if obviously suffering from mental decay, may continue
to exercise his functions, to the miscarriage of justice, for a
considerable period before the legislature can be set in motion to
bring about his retirement.
Public-domain text, read in full here on John Shaqi.
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