Page:History of Adelaide and vicinity.djvu/658

 632 ADELAIDE AND VICINITY Appendix E Certain |K»uer« of vio^enioni to vest in Oovemor-Genera'. But the departments of customs and of excise in each State shall become transferred to the Commonwealth on its establishment. 70. In respect of matters which, under this Constitution, pass to the Executive Government of the Cotnmonwealth, all powers and functions which at the establishment of the Commonwealth are vested in the Governor of a Colony, or in the Governor of a Colony with the advice of his Executive Council, or in any authority of a Colony, shall vest in the Governor-General, or in the Governor-General in Council, or in the authority exercising similar powers under the Commonwealth, as the case requires. Chap. hi. The Judicature. Judicial ix>wer and Courts. Jiidtres' appointment, tenure, and remuneration. Appellate jurisdiction of llil!' ' [Jllh Court. Appeal to Queen in Council CHAPTER III. THE JUDICATURE. 71. The judicial power of the Commonwealth shall be vested in a Federal Supreme Court, to be called the High Court of .Australia, and in such other federal courts as the Parliament creates, and in such other courts as it invests with federal jurisdiction. The High Court shall consist of a Chief Justice, and so many other Justices, not less than two, as the Parliament prescribes. "ji. The Justices of the High Court and of the other courts created by the Parliament — (i.) Shall be appointed by the Governor-General in Council : (11.) Shall not be removed except by the Governor-General in Council, on an address from both Houses of the Parliament in the same session, praying for such removal on the ground of proved misbehavior or incapacity : (in.) Shall receive such remuneration as the Parliament may fix ; but the remuneration shall not be diminished during their continuance in oflice. 73. The High Court shall have jurisdiction, with such exceptions and subject to such regulations as the Parliament prescribes, to hear and determine appeals from all judgments, decrees, orders, and sentences — (i.) Of any Justice or Justices exercising the original jurisdiction of the High Court : (11.) Of any other federal court, or court exercising federal jurisdiction; or of the Supreme Court of any State, or of any other court of any State from which at the establishment of the Commonwealth an appeal lies to the Queen in Council : (ill.) Of the Inter-State Commission, but as to questions of law only : and the judgment of the High Court in all such cases shall be final and conclusive. But no exception or regulation prescribed by the Parliament shall prevent the High Court from hearing and determining any appeal from the Supreme Court of a State in any matter in which at the establishment of the Commonwealth an appeal lies from such Supreme Court to the Queen in Council. Until the Parliament otherwise provides, the conditions of and restrictions on appeals to the Queen in Council from the Supreme Courts of the several States shall be applicable to appeals from them to the High Court. 74. No appeal shall be permitted to the Queen in Council from a decision of the High Court upon any question howsoever arising as to the limits inter se of the Constitutional powers of the Commonwealth and those of any State or States or as to the limits in/er se of the Constitutional powers of any two or more States, unless the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council. The High Court may so certify if satisfied that for any special reason the certificate should be granted, and thereupon an appeal shall lie to Her Majesty in Council on the question without further leave. Except as provided in this section, this Constitution shall not impair any right which the Queen may be pleased to exercise by virtue of Her Royal prerogative to grant special leave of appeal from