Supreme Court (Judges' Independence) Act 1857

Tasmanian Crest
Supreme Court (Judges' Independence) Act 1857

An Act for better securing the independence of the judges of the Supreme Court

[Royal Assent 7 January 1857]

Whereas the independence of judges is essential to the impartial administration of justice, and one of the best securities to the rights and liberties of Her Majesty's subjects; and it would conduce to the better securing of such independence if the power of suspension or amotion by the Local Government were further limited:

Be it therefore enacted by His Excellency the Governor of Tasmania, by and with the advice and consent of the Legislative Council and House of Assembly, in Parliament assembled, that:

1.   Judges removable only on address by Parliament

[Section 1 Amended by 25 Geo. V No. 78 ]It shall not be lawful for the Governor, either with or without the advice of the Executive Council, to suspend, or for the Governor to amove, any judge of the Supreme Court unless upon the address of both Houses of Parliament.

2.   Short title

[Section 2 Inserted by 25 Geo. V No. 78 ]This Act may be cited as the Supreme Court (Judges' Independence) Act 1857 .