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
[Illustration: MR. JUSTICE JEUNE.]
The Lord Chancellor occasionally (when any of the Lords Justices are
absent from illness or other cause) sits in the Court of Appeal, which
is held in two sections--one hearing cases from the Common Law side,
and the other those from the Chancery Division. The principal duty of
the Lord Chancellor, however, consists in presiding over the House
of Lords--the final Court of Appeal both in Common Law and Chancery
matters. The House of Lords, as an appellate court, consists of the
Lord Chancellor, the Lords of Appeal, and such peers as are, or have
been, holding high judicial office. Ordinary peers, however, have also
the right of sitting and giving judgment, and, in consequence of this
anomaly, the judges of final appeal have sometimes had the assistance
of an eccentric nobleman endowed with a fancy for the law, whose vote
has carried as much weight as that of the Lord Chancellor himself. The
judicial work of the House of Lords is light. Indeed, it will not be
understating the case to say that the House does not dispose of more
than sixty or seventy causes in the year. It is thus not difficult to
calculate, supposing these cases to occupy an average of half a day,
and taking into consideration the salaries of the Lord Chancellor
and the Lords of Appeal, together with the heavy pensions paid to
ex-Chancellors and other expenses, that the Court of Final Appeal
exercises its judicial functions at a cost of something like a thousand
pounds a day!
Besides the Lord Chancellor, the Lord Chief Justice is by some legal
fiction supposed to exercise control over the judicial bench. As a
matter of fact, however, the judges are practically under no control
whatever save that of public opinion, as represented by the press,
which should never hesitate to expose their shortcomings when they come
to light. It is the duty of those on whom, by force of circumstances,
the public are obliged to rely to safeguard their interests, not to
relax their supervision out of deference to the high repute in which
our judges are held. Under the old system, when the Courts of Common
Pleas, Exchequer, and Queen's Bench existed, each division had a chief
who was responsible for the work of his court and the mode in which it
was administered. The judges now hold a meeting, at which they make
their own arrangements for circuits and for appointments to the various
courts. Although the Lord Chief Justice is supposed to control the
order of work, the judges in effect have a free hand as regards their
own duties.
With the development of modern civilisation and the increase of
democratic strength, the social status of the judges has materially
changed, and it is by no means in accordance with "end of the century"
ideas to grant them the almost despotic power that they held of old.
Public-domain text, read in full here on John Shaqi.
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