Lord Cave, the British Empire and Irish Independence - A Test of Judicial Integrity

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Title: Lord Cave, the British Empire and Irish Independence - A Test of Judicial Integrity
Authors: Mohr, Thomas
Permanent link: http://hdl.handle.net/10197/7483
Date: May-2012
Abstract: This article examines the career of Lord Cave and his influence on the history of the Irish Free State within the British Empire. Cave was a controversial figure in Anglo Irish politics in the early twentieth century. Nevertheless, he held the office of lord chancellor for much of the 1920s and presided over a number of important appeals to the Judicial Committee of the Privy Council emanating from the Irish Free State. Cave also played an influential role during the Imperial conference of 1926. This article argues that Cave’s pre-occupation with maintaining the integrity of the British Empire influenced decisions in a number of key appeals to the Privy Council that directly or indirectly affected the Irish Free State. It also examines the conclusions of other scholars who maintain that the history of the Irish appeal shows that the Judicial Committee of the Privy Council was occasionally influenced by political policies pursued by the British government. This article challenges these conclusions. It argues that the decisions used to support these contentions were actually influenced by the personal views of Lord Cave and not by policies embraced by the British government. This supports the conclusion that the Judicial Committee of the Privy Council of the early twentieth century was, after all, an independent court of law.
Type of material: Journal Article
Publisher: Taylor and Francis
Keywords: Lynham v. Butler;Nadan v. R;Wigg and Cochrane v. The Attourney General of the Irish Free State
Subject LCSH: Cave, George, 1856-1928
DOI: 10.5235/14729342.12.2.229
Language: en
Status of Item: Peer reviewed
Appears in Collections:Law Research Collection

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