[A Leap in the Dark by A.V. Dicey]@TWC D-Link book
A Leap in the Dark

CHAPTER II
136/140

206, 209, _post._ [80] Bill, clause 19, sub-clause( 4).
[81] Clause 19, sub-clause (5).

The whole of the provisions as to the Exchequer Judges are extremely obscure.

The jurisdiction and the powers of the Court, should it ever be formed, will need to be defined by a special Act of Parliament.

There are special laws regulating the action of the Federal Judiciary both in the United States and in Switzerland.
As the matter at present stands the jurisdiction of the Exchequer Judges and of the Privy Council as a Court of Appeal from them may apparently be thus described.
It extends to all legal proceedings in Ireland which (i) are instituted at the instance of or against the Treasury or Commissioners of Customs, or any of their officers, or (ii) relate to the election of members to serve in [the Imperial] Parliament, or (iii) touch any matter not within the powers of the Irish Legislature, or (iv) touch any matter affected by a law which the Irish Legislature have not power to repeal or alter.
It is possible that sub-clause (4) gives the Exchequer Judges a much wider jurisdiction than is intended by the authors of the Home Rule Bill, and the strictures which have been made on this sub-clause deserve attention.

My purpose, however, is not to criticise the details of the Home Rule Bill or to suggest amendments thereto.


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