| 翻訳と辞書 |
| Liversidge v Anderson ： ウィキペディア英語版 |
Liversidge v Anderson
''Liversidge v Anderson'' () (UKHL 1 ) is a landmark United Kingdom administrative law case which concerned the relationship between the courts and the state, and in particular the assistance that the judiciary should give to the executive in times of national emergency. It concerns civil liberties and the separation of powers. Both the majority and dissenting judgments in the case have been cited as persuasive precedent by various countries of the Commonwealth of Nations. However, in England itself, the courts have gradually retreated from the decision in ''Liversidge''. It has been described as "an example of extreme judicial deference to executive decision-making, best explained by the context of wartime, and it has no authority today."〔AW Bradley and KD Ewing, ''Constitutional and Administrative Law'' (15th edn 2011) 674〕 It is therefore mainly notable for the dissent of Lord Atkin.
==Facts==
Emergency powers in Regulation 18B of the Defence (General) Regulations 1939 permitted the Home Secretary to intern people if he had ''"reasonable cause"'' to believe that they had ''"hostile associations"''. Sir John Anderson exercised this power in respect of a man called Jack Perlzweig, who used the name Robert Liversidge, committing him to prison but giving no reason.〔Before the Crown Proceedings Act 1947 came into force, the Crown could not be sued directly and the culpable official was always the defendant.〕 On appeal, the case, joined with that of Ben Greene, reached the Appellate Committee of the House of Lords, the highest court of appeal.〔Simpson (1992) ''p.''333〕 They had to decide whether the court could investigate the objective basis for the reasonable cause; in other words, could they evaluate the Home Secretary's actions on an objective standard, comparing them to that which might be taken by a reasonable man, or were they to measure them against the personal standard of the Secretary?〔Yatim (1995) ''p.''267.〕
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「Liversidge v Anderson」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.
|
|