Page:The empire and the century.djvu/79

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48
THE LAW AND THE CONSTITUTION

own legislation; while in lands such as Canada and South Africa, where other codes were already established, it has absorbed such codes and moulded them by its own principles and canons of interpretation. It has spread its shadow over the old systems of India, and over the customary law of native tribes, until it is possible to-day to say that we have one great Imperial law, though many codes are included within its borders. The secret of this solidarity is the fact that there is in the last resort one appellate court for all. The House of Lords, indeed, is the final court for the British Isles, but for the Empire beyond the Judicial Committee of the Privy Council is the ultimate appeal The value of this legal uniformity is beyond estimate. It is open to our self-governing Colonies to relinquish their right of appeal, but they do not want to. For, however English statesmanship may be discounted by them, they have never shown a trace of contempt for English law. Indeed, on more occasions than one, it is the Appeal Court rather than the Cabinet which has been held in respect. Much is due to a succession of judges who showed in their work a breadth of outlook and a grasp of essentials which is not always associated with the legal profession. Men like Lord Cairns and Lord Watson were Imperial statesmen in the truest sense, and though there have been mistakes, no suspicion has ever entered the mind of our Colonies and dependencies as to the unswerving fairness and the complete efficiency of the tribunal. The legality of an order of the King in Council and the title of some Bengali native to land are submitted to the same impartial scrutiny. 'Servatur ubique jus Romanum non ratione imperii, sed rationis imperio.'

The only drawbacks to the tribunal are that it is not complete and that it is externally unimpressive. We have no real Judicial Council of the King, since the House of Lords clings to certain appellate functions usurped far back in English history. Moreover, the House of Lords sits in an historic chamber with all the