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A second is that Canada already had (and retained even after the creation of the Supreme Court) a "higher" court in the form of the Judicial Committee of the Privy Council, a court-like body whose membership partially overlapped the House of Lords, and which had ultimate judicial authority over the off-island parts of the British Empire. Colenso successfully appealed to the Judicial Committee of the Privy Council and he remained the lawful Bishop of Natal. Benjamin brought to the early interpretation of Canada's constitution a vast experience, gained in the bitter battle for "states' rights", of federal constitutional law--an area quite foreign to contemporary English practitioners and members of the Judicial Committee of the Privy Council. |
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