Page:The Green Bag (1889–1914), Volume 13.pdf/344

This page needs to be proofread.

A Century of English Judicature. Brougham, and St. Leonards and Cranworth, who frequently sat without a third peer, were so notoriously at odds that judg ments were constantly affirmed on appeal in consequence of a dead-lock. To such good causes of complaint may be added its inter-

future guidance, to formulate a single con sidered opinion clearly expressing the grounds upon which the judgment is based. Under the practice of the House, where each judge usually gives independent expression to the reasons upon which his vote is based,

LORD ST. LEONARDS.

mittent sittings and consequent delays, its extreme disregard of the proceedings and engagements of the other courts, its abso lute irresponsibility, and the immense ex pense attendant upon its procedure. Its habit of transacting legal business through the legislative form of general debate has always been a serious drawback. It always conduces to the dignity of a court, and to the authority of the rules which it lavs down for

it is often extremely difficult to extract the ratio dccidcndi.

THE JUDICIAL COMMITTEE OF THE PRIVY COUNCIL. The judicial functions of the Privy Coun cil, first so called under Richard II, arise out of its ancient position as the concilium <>;•dinarinm of the King, which decided cases