翻訳と辞書
Words near each other
・ Anisopodus hamaticollis
・ Anisopodus hiekei
・ Anisopodus humeralis
・ Anisopodus latus
・ Anisopodus ligneus
・ Anisopodus lignicola
・ Anisopodus longipes
・ Anisopodus macropus
・ Anisopodus melzeri
・ Anisopodus mexicanus
・ Anisopodus nigripes
・ Anisopodus phalangodes
・ Anisindione
・ Anisingaraju
・ Anisleidy Galindo
Anisminic v Foreign Compensation Commission
・ Anismus
・ Anisocanthon
・ Anisocanthon pygmaeus
・ Anisocarpus
・ Anisocarpus madioides
・ Anisocarpus scabridus
・ Anisoceras
・ Anisoceratidae
・ Anisocerini
・ Anisocerus
・ Anisocerus carinatus
・ Anisocerus dejeani
・ Anisocerus feai
・ Anisochaeta


Dictionary Lists
翻訳と辞書 辞書検索 [ 開発暫定版 ]
スポンサード リンク

Anisminic v Foreign Compensation Commission : ウィキペディア英語版
Anisminic v Foreign Compensation Commission

''Anisminic Ltd v Foreign Compensation Commission'' is an important House of Lords decision in the area of English administrative law, establishing in particular that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause does not deprive the courts from their jurisdiction in judicial review unless it expressly states this.
==Facts==
As a result of the Suez Crisis some mining properties of the appellant Anisminic located in the Sinai peninsula were seized by the Egyptian government before November 1956. The appellants then sold the mining properties to an Egyptian government-owned organisation called TEDO in 1957.
In 1959, a piece of subordinate legislation was passed under the Foreign Compensation Act 1950 to distribute compensation paid by the Egyptian government to the UK government with respect to British properties it had nationalised. The appellants claimed that they were eligible for compensation under this piece of subordinate legislation, which was determined by a tribunal (the respondents in this case) set up under the Foreign Compensation Act 1950.
The tribunal, however, decided that the appellants were not eligible for compensation, because their "successors in title" (TEDO) did not have the British nationality as required under one of the provisions of the subordinate legislation.
There were two important issues on the appeal to the Court of Appeal and later, the House of Lords. The first was straightforward: whether the tribunal had made an error of law in construing the term "successor of title" under the subordinate legislation.
The second issue was more complex and had important implications for the law on judicial review. Even if the tribunal had made an error of law, the House of Lords had to decide whether or not an appellate court had the jurisdiction to intervene in the tribunal's decision. Section 4(4) of the Foreign Compensation Act 1950 stated that:
"The determination by the commission of any application made to them under this Act shall not be called into question in any court of law".
This was a so-called "ouster clause".

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
ウィキペディアで「Anisminic v Foreign Compensation Commission」の詳細全文を読む



スポンサード リンク
翻訳と辞書 : 翻訳のためのインターネットリソース

Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.