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§ 311. “No Appeal shall be Permitted.”

These words are a limitation of the Queen's prerogative right to admit appeals from any colonial court. Such a limitation is within the competence of the Imperial Parliament. (Dicey, Law of the Const., p. 60; and Notes, supra, § 310.)

The prohibition is directed against appeals by special leave of the Privy Council. Appeals as of right from decisions of the High Court are already taken away by the provision of sec. 73 that the judgment of the High Court shall be “final and conclusive” (see Note, 308, supra). The prohibition is limited—

  • (1) to appeals from decisions of the High Court;
  • (2) to appeals upon questions as to the limits inter se of the constitutional powers—
    • (a) of the Commonwealth and those of any State or States; or
    • (b) of any two or more States;
  • (3) by the qualification that an appeal will lie “if the High Court shall certify that the question is one which ought to be determined by Her Majesty in Council.”

The limited extent of the prohibition against appeals to the Privy Council is confirmed by the concluding paragraph of the section, which expressly saves the royal prerogative to grant special leave of appeal “except as provided in this section.” Accordingly the prerogative right of the Queen in Council to grant special leave to appeal from judgments of the State courts is not affected by the Constitution; and the


  ― 754 ―
right of appeal from the Supreme Courts of the States, under the Orders in Council, in matters over the appealable amount—a right which is derived from statute, not from prerogative—is of course also untouched. (See Notes, § § 299, 300, supra.)

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