446:
51:
612:"Sir John could be classed among the great, not only for the high positions he had held and the fund of his knowledge, but for the splendour of his personal character, Sir John's name would always be associated, too,'with the movement for the spiritual autonomy of the Anglican Church in Australia. The first draft of the constitution prepared 20 years ago was entirely the work of Sir John, and it became, and would always remain, a monument to his ability."
556:, to pass major reforms to replace the appointed Legislative Council by a Council elected by the whole parliament to terms equivalent to four Assembly terms. Another consequence was to make the President of the Council elected by a majority of the elected members, rather than directly appointed by the Governor, making Peden the last individual to be appointed in this way. This was passed by
552:. The bills repealing Section 7A and abolishing the Legislative Council could not therefore be presented to the Governor for assent until they had been passed in a referendum. Faced with other problems, Lang's plans for abolition ultimately failed, culminating in his dismissal by Governor Game in 1932. Peden worked with Lang's successor as Premier,
396:
Peden was also a member of the committee which drafted the
Greater Sydney Bill, which nevertheless failed in the Legislative Council in 1915. An authority on Australian and New South Wales constitutional law, in 1921–1931 Peden served as the sole royal commissioner on law reform in New South Wales,
592:
and was involved in drafting a new constitution for the Church of
England in Australia. On 22 April 1946, Peden retired from the council and remains the longest-serving president of that body. On his retirement from politics, his colleague Sir Henry Manning noted: "By a proper appreciation of the
391:
Sydney is a magnificent site for a city, but the built upon area has many serious defects for want of co-ordinative town planning, and the way to safeguard against similar defects in its future expansion is to have a comprehensive and careful lay-out of the metropolitan area as soon as possible.
521:, applied for and were granted an injunction preventing Lang and his ministers from presenting the bills to the Governor without having held a referendum. Peden, despite being named as the first defendant, did not defend the case as he was convinced of section 7A's validity under the
266:, where he received a Bachelor of Arts in 1892 and a Bachelor of Laws in 1898. He was an assistant lecturer in Latin at the university from 1896 to 1898, when he was called to the bar. He lectured in law from 1903 and became a professor and faculty dean in 1910. Appointed to the
392:
Town-planning will make for health, convenience, amenity and economy—its value is incalculable, and its cost comparatively small. Its urgency is a strong reason, both for a
Greater Sydney being brought to existence and for the new body giving its immediate and earnest attention.
481:'s attempts to abolish the council. He drafted section 7A of the Constitution Act of 1902, added by amendment in 1929, to ensure that the council could not be abolished, nor its powers be altered, except through the expression of the people through a referendum. In the
563:
Peden, with his life appointment lapsed, was consequently elected to the new council on 23 April 1934 for a twelve-year term. and was the first elected president of the council. He did not stand for reelection on the expiry of his term, retiring in 1946.
508:
was necessary before the bills could become law as per Peden's legal reasoning, the
Legislative Council permitted the bills to pass without a division on 10 December. Lang then announced his intention of presenting the bills for Game's
547:
in London, however the Privy
Council delayed hearing the appeal until April 1932. The appeal was finally resolved with the judgment of the Judicial Committee of the Privy Council on 31 May 1932 which dismissed the appeal by the
420:
Serving as chairman of the professorial board in 1925–1933, Peden was due to retire in April 1941, but offered to volunteer his services for the duration of the war. However, in late 1941 with the university chancellor,
1326:
1336:
1111:
1067:
539:
1371:
533:, upheld the injunction and ordered the government not to present bills to abolish the council for royal assent, unless ratified by the electors in a referendum. Lang immediately prepared an appeal to the
1331:
496:
in 1922), in
November 1930, claiming a mandate to abolish the Council, Lang's Labor MLCs put forward two bills, one to repeal section 7A and the other to abolish the Council. Lang had requested Governor
492:
Lang's inability to gain control in the Upper House obstructed his legislative program and, following a long-standing Labor policy to abolish the
Legislative Council (Queensland Labor had been
430:
298:, and his wife Elizabeth Neathway Brown. His maternal family had migrated to Australia in the 1820s and his paternal family in the 1830s. His Grandfather, David Peden, was an Alderman of the
348:
593:
duties of his office, Sir John, a great scholar, a great statesman, and a great constitutionalist, established traditions for this
Chamber and for the public life of New South Wales."
321:
in 1892 with first-class honours in Latin and in logic and mental philosophy. Following this he commenced law studies and during this time was vice-warden of his residential college,
1346:
624:. On his death, he provided for the establishment of the Sir John Peden Memorial Fund to establish various scholarships and prizes for students at the Sydney Law School.
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80:
486:
242:
36:
960:
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Survived by his two daughters (his wife predeceased him in 1928), a month later he died on 31 May 1946 in the
Scottish Hospital, Paddington. Peden was cremated at
445:
501:
and his predecessor, De Chair, for sufficient appointments to the
Legislative Council in order to pass these bills, but on each occasion was met with refusal.
213:
1248:
470:
275:
62:
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Appointed in 1902 a part-time Challis lecturer in the law of property at the university, on 21 December 1904 he married Margaret Ethel Maynard at
474:
208:
322:
379:
of the faculty, and, consequently, as a fellow of the University of Sydney Senate. In 1913 Peden was appointed a commissioner in the
278:; he was both the last president appointed directly by the governor, and the first elected by his fellow councillors. Peden died in
775:
398:
290:
John Beverley Peden was born on 26 April 1871, the second son and sixth child of Magnus Jackson Peden, merchant and farmer, later
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1132:
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144:
121:
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1004:
727:
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402:
429:, Peden resigned from the university senate in protest at the appointment of two professors of law to replace himself and
1232:
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329:(1893–1894 and again in 1910–1911) and of the Undergraduates' Association, and editor of the university literary journal
267:
1356:
991:
714:
656:
478:
1054:
601:
589:
572:
In later years, Peden served as president of the Japan-Australia Society and was a farmer at his rural property in
526:
414:
864:
557:
522:
1096:
Morrison, A S (1984), "Dominions Office Correspondence on the New South Wales Constitutional Crisis 1930–1932",
254:
to farmer Magnus Jackson Peden, a mayor of Randwick, and Elizabeth Neathway Brown, he attended public school at
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996:
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and Barbara Constance Wyburn Peden. By 1910 his reputation was significant enough to be appointed
1080:
534:
50:
986:
953:"Knight Commander of the Order of St Michael and St George (KCMG) entry for John Beverley Peden"
709:
1046:
651:
1124:
543:, the appeal was rejected by a majority of the court. Lang then appealed this decision to the
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250:(26 April 1871 – 31 May 1946) was an Australian jurist and politician. Born in
246:
40:
952:
302:
from 1849 to 1853. Peden was educated at Bega Public School and eventually moved to
1116:
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380:
376:
336:
318:
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without a referendum. The following day, two members of the Legislative Council,
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745:
687:
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Nationalist Party of Australia members of the Parliament of New South Wales
1274:
1146:"Candidates declared to be elected Members of the Legislative Council (16)"
510:
310:
617:
498:
339:
with first-class honours and the University medal. On 4 August 1898, was
620:
is held by the University of Sydney and a bust by Lyndon Dadswell is in
449:
Peden presiding over the State Opening of Parliament, 18 September 1929.
1337:
Liberal Party of Australia members of the Parliament of New South Wales
860:
505:
413:
in December 1922, Peden declined several offers of appointment to the
1372:
Australian Knights Commander of the Order of St Michael and St George
1332:
United Australia Party members of the Parliament of New South Wales
343:
of New South Wales and worked in the chambers of Sydney barrister
325:(1892–1898), assistant lecturer in Latin (1896), president of the
383:
of inquiry into the possibilities of the establishment of a
457:
by Governor Sir Gerald Strickland on the advice of Premier
487:
Knight Commander of the Order of St Michael and St George
453:
On 6 May 1917 Peden was given a life appointment to the
347:. That same year he also served as joint secretary of
1347:
Presidents of the New South Wales Legislative Council
865:"Greater Sydney Commission Bill 2015, Second Reading"
580:. A prominent Anglican, Peden was chancellor of the
473:from 1929, Peden was a leader in the opposition to
349:
Australasian Association for Advancement of Science
1342:Members of the New South Wales Legislative Council
1151:Government Gazette of the State of New South Wales
1308:
827:
825:
387:Council, with the final report expressing that:
776:"Sir John Beverley Peden, KCMG, KC (1871–1946)"
710:"Peden, Margaret Elizabeth Maynard (1905–1981)"
1112:Attorney-General (New South Wales) v Trethowan
1068:Attorney-General (New South Wales) v Trethowan
540:Attorney-General (New South Wales) v Trethowan
874:. Parliament of New South Wales. p. 5616
822:
200:Margaret Ethel Maynard (1904–1928; her death)
961:Department of the Prime Minister and Cabinet
604:, with an address from Bishop of Newcastle,
354:
285:
1387:Academic staff of the University of Sydney
995:. Canberra: National Centre of Biography,
718:. Canberra: National Centre of Biography,
660:. Canberra: National Centre of Biography,
49:
1377:People educated at Sydney Grammar School
1095:
973:President of the NSW Legislative Council
444:
399:Law Reform Commission of New South Wales
75:5 February 1929 – 22 April 1946
987:"Game, Sir Philip Woolcott (1876–1961)"
545:Judicial Committee of the Privy Council
465:on 17 July 1917. Appointed by Governor
401:, and in 1927–1929 was chairman of the
1309:
1091:
1089:
891:
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652:"Peden, Sir John Beverley (1871–1946)"
122:Legislative Council of New South Wales
859:
770:
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309:Upon leaving secondary school, Peden
134:17 July 1917 – 22 April 1946
1249:President of the Legislative Council
978:
649:
471:President of the Legislative Council
335:(1895). In 1898 he graduated with a
63:President of the Legislative Council
1233:New South Wales Legislative Council
1086:
886:
455:New South Wales Legislative Council
440:
268:New South Wales Legislative Council
13:
992:Australian Dictionary of Biography
984:
759:
715:Australian Dictionary of Biography
657:Australian Dictionary of Biography
634:
274:in 1917, from 1929 to 1946 he was
14:
1403:
317:, from where he graduated with a
527:Supreme Court of New South Wales
415:Supreme Court of New South Wales
365:Margaret Elizabeth Maynard Peden
225:Margaret Elizabeth Maynard Peden
1194:
1166:
1138:
1104:
1060:
1036:
523:Colonial Laws Validity Act 1865
433:. Nevertheless, Peden was made
306:, where he won the Knox prize.
1367:Australian royal commissioners
1154:. 23 January 1934. p. 428
1135:(on appeal from Australia)
997:Australian National University
945:
917:
853:
796:
720:Australian National University
701:
662:Australian National University
228:Barbara Constance Wyburn Peden
1:
782:Parliament of New South Wales
627:
567:
550:Government of New South Wales
397:acting as a precursor to the
1053:183 (23 December 1930),
933:. 5 November 1941. p. 8
598:Northern Suburbs Crematorium
431:Archibald Hamilton Charteris
7:
1382:University of Sydney alumni
1295:1910 – 1942
1174:"Funeral of Sir John Peden"
957:Australian Honours Database
10:
1408:
1210:. 27 March 1947. p. 4
1055:Supreme Court (Full Court)
841:. 6 March 1929. p. 22
461:, taking up his seat as a
409:. Although appointed as a
375:, serving concurrently as
361:St Philip's Church, Sydney
327:University of Sydney Union
1357:Australian legal scholars
1352:Australian King's Counsel
1297:
1279:
1270:
1265:
1255:
1246:
1238:
1231:
1207:The Sydney Morning Herald
1202:"Sir John Peden memorial"
1179:The Sydney Morning Herald
1047:[1930] NSWStRp 90
930:The Sydney Morning Herald
902:The Sydney Morning Herald
838:The Sydney Morning Herald
425:, Sir Colin Davidson and
423:Sir Percival Halse Rogers
407:Commonwealth Constitution
363:, and had two daughters,
355:Legal and academic career
286:Early life and background
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1282:Challis Professor of Law
1182:. 4 June 1946. p. 5
1125:[1932] UKPCHCA 1
905:. 1 June 1946. p. 3
708:Stell, Marion K (1988).
403:Federal Royal Commission
300:Sydney Municipal Council
276:president of the council
959:. Canberra, Australia:
535:High Court of Australia
239:Sir John Beverley Peden
780:Former members of the
614:
450:
394:
1117:[1932] UKPC 1
925:"Four members resign"
897:"Sir John Peden dead"
650:Ward, John M (1988).
610:
602:St Andrew's Cathedral
525:. On 23 December the
483:1930 New Year Honours
448:
437:and retired in 1942.
389:
304:Sydney Grammar School
260:Sydney Grammar School
145:Sir Gerald Strickland
16:Australian politician
1362:Australian Anglicans
1300:Prof. James Williams
1286:University of Sydney
1073:[1931] HCA 3
863:(11 November 2015).
833:"Late Mrs J B Peden"
494:similarly successful
315:University of Sydney
264:University of Sydney
872:Legislative Council
600:after a service at
485:, Peden was made a
467:Sir Dudley de Chair
258:before studying at
1218:– via Trove.
1190:– via Trove.
1162:– via Trove.
941:– via Trove.
913:– via Trove.
849:– via Trove.
558:referendum in 1933
451:
435:emeritus professor
345:Richard Meares Sly
1392:Challis professor
1305:
1304:
1298:Succeeded by
1291:Sydney Law School
1266:Academic offices
1256:Succeeded by
1242:Frederick Flowers
1077:(1931) 44 CLR 394
1043:Trethowan v Peden
1006:978-0-522-84459-7
808:Sydney's Aldermen
729:978-0-522-84459-7
671:978-0-522-84459-7
537:. In the case of
531:Trethowan v Peden
504:Believing that a
427:Sir Henry Manning
373:Sydney Law School
369:Challis Professor
341:called to the Bar
323:St Paul's College
292:mayor of Randwick
236:
235:
192:, New South Wales
175:, New South Wales
102:Frederick Flowers
86:Broughton O'Conor
29:
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1271:Preceded by
1239:Preceded by
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963:. 1 January 1930
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810:. City of Sydney
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622:Parliament House
519:Arthur Trethowan
441:Political career
381:Royal Commission
337:Bachelor of Laws
319:Bachelor of Arts
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155:Personal details
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554:Bertram Stevens
529:in the case of
515:Thomas Playfair
499:Sir Philip Game
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371:of Law for the
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411:King's Counsel
385:Greater Sydney
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187:(aged 75)
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985:McMinn, W G.
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804:"David Peden"
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170:26 April 1871
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38:
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1289:Dean of the
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1275:Pitt Cobbett
1253:1929 – 1946
1247:
1225:
1212:. Retrieved
1205:
1196:
1184:. Retrieved
1177:
1168:
1156:. Retrieved
1149:
1140:
1127:, (1932) 47
1110:
1106:
1097:
1066:
1062:
1049:, (1930) 31
1042:
1038:
1026:. Retrieved
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965:. Retrieved
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900:
876:. Retrieved
871:
855:
843:. Retrieved
836:
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807:
798:
786:. Retrieved
779:
749:. Retrieved
713:
703:
691:. Retrieved
655:
615:
611:
595:
584:dioceses of
571:
562:
538:
530:
511:Royal assent
503:
491:
452:
419:
395:
390:
358:
330:
311:matriculated
308:
289:
238:
237:
214:Magnus Peden
185:(1946-05-31)
140:Appointed by
129:
109:Succeeded by
70:
18:
1322:1946 deaths
1317:1871 births
1158:25 November
861:Ajaka, John
618:Henry Hanke
463:Nationalist
272:Nationalist
209:David Peden
183:31 May 1946
97:Preceded by
1311:Categories
1098:PhD thesis
1081:High Court
628:References
568:Later life
506:referendum
280:Paddington
190:Paddington
166:1871-04-26
1015:1833-7538
868:(Hansard)
738:1833-7538
680:1833-7538
590:Newcastle
479:Jack Lang
282:in 1946.
205:Relations
130:In office
71:In office
1214:29 March
1186:30 March
1100:, London
1051:SR (NSW)
1028:5 August
1023:70677943
967:6 August
937:29 March
909:29 March
878:29 March
845:29 March
814:29 March
751:6 August
746:70677943
693:6 August
688:70677943
586:Bathurst
582:Anglican
489:(KCMG).
477:Premier
262:and the
252:Randwick
221:Children
216:(Father)
173:Randwick
1284:at the
1226:
788:14 June
576:, near
574:Cobargo
405:on the
294:and of
1273:Prof.
1021:
1013:
1003:
744:
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726:
686:
678:
668:
332:Hermes
197:Spouse
81:Deputy
1123:526;
1115:
1071:
1045:
475:Labor
270:as a
245:
39:
1216:2016
1188:2016
1160:2020
1131:97,
1030:2021
1019:OCLC
1011:ISSN
1001:ISBN
969:2021
939:2016
911:2016
880:2016
847:2016
816:2016
790:2019
753:2021
742:OCLC
734:ISSN
724:ISBN
695:2021
684:OCLC
676:ISSN
666:ISBN
588:and
578:Bega
517:and
377:dean
296:Bega
256:Bega
243:KCMG
180:Died
160:Born
37:KCMG
1129:CLR
1119:,
469:as
1313::
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1176:.
1148:.
1121:AC
1088:^
1079:,
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888:^
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636:^
608::
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351:.
247:KC
41:KC
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164:(
Text is available under the Creative Commons Attribution-ShareAlike License. Additional terms may apply.
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