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Madzimbamuto v. Lardner-Burke
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Madzimbamuto v. Lardner-Burke : ウィキペディア英語版
Madzimbamuto v. Lardner-Burke

''Madzimbamuto v. Lardner-Burke'' is a 1968 decision of the Judicial Committee of the Privy Council concerning the legality of the Unilateral Declaration of Independence made by Rhodesia (or Southern Rhodesia) in 1965.
==Background==

In 1965, the British Crown colony of Southern Rhodesia (or Rhodesia), which had been self-governing since 1923, unilaterally declared its independence. The British government considered this unilateral declaration of independence (or UDI) to be illegal, and refused to recognize the legitimacy of the post-UDI Rhodesian government, as did most other countries. At the same time, the Governor of Southern Rhodesia dismissed the entire Rhodesian government, led by the Prime Minister Ian Smith, which had declared independence. Smith's government refused to recognize the validity of their dismissal, and continued to act as Rhodesia's government.
In 1965, before UDI, the Rhodesian government had enacted a series of Emergency Power Regulations. Daniel Madzimbamuto was detained under section 21 of the Regulations as a person "likely to commit acts in Rhodesia which are likely to endanger the public safety, disturb or interfere with public order or interfere with the maintenance of any essential service".
In 1966, after UDI, the 1965 Regulations expired, but the state of emergency created by the 1965 Regulations was prolonged by the Rhodesian Legislative Assembly, which also made a series of new Emergency Regulations. Madzimbamuto's detention was then renewed under these new Regulations.
Madzimbamuto's wife, Stella Madzimbamuto, then challenged the legality of her husband's detention, on the grounds that the prolongation of the state of emergency was unlawful. The Minister of Justice Desmond Lardner-Burke, who had made the Order for Madzimbamuto's continuing detention, was named as Respondent.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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