Collateral Fact Doctrine

	Collateral Fact Doctrine The collateral fact doctrine is a doctrine in English law asserted by Diplock LJ in ''Anisminic Ltd v Foreign Compensation Commission''. It asserts that in judicial review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompat ... cases a distinction can be made between misconstruction of an enabling statute for the ''kind'' of case meant to be dealt which is a jurisdictional error and a misconstruction of the statutory description of the ''situation'' which would be an error ''within jurisdiction''.http://www.studentlawjournal.com/articles/2005/ugrad/judreviewdw.pdf Craig has argued that this distinction is impossible to draw. See also * Judicial review in English Law References English law Judicial review {{England-law-stub ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	English Law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. Principal elements of English law Although the common law has, historically, been the foundation and prime source of English law, the most authoritative law is statutory legislation, which comprises Acts of Parliament, regulations and by-laws. In the absence of any statutory law, the common law with its principle of ''stare decisis'' forms the residual source of law, based on judicial decisions, custom, and usage. Common law is made by sitting judges who apply both statutory law and established principles which are derived from the reasoning from earlier decisions. Equity is the other historic source of judge-made law. Common law can be amended or repealed by Parliament. Not being a civil law system, it has no comprehensive codification. However, most of its criminal law has been codified from its common law ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Kenneth Diplock, Baron Diplock William John Kenneth Diplock, Baron Diplock, (8 December 1907 – 14 October 1985) was a British barrister and judge who served as a lord of appeal in ordinary between 1968 and until his death in 1985. Appointed to the English High Court in 1956 and the Court of Appeal five years later, Diplock made important contributions to the development of constitutional and public law as well as many other legal fields. A frequent choice for governmental inquiries, he is also remembered for proposing the creation of the eponymous juryless Diplock courts. Of him, Lord Rawlinson of Ewell wrote that "to his generation Diplock was the quintessential man of the law". Early life and legal career Kenneth Diplock was born in South Croydon, the son of solicitor William John Hubert Diplock and his wife Christine Joan Diplock, ''née'' Brooke. He was educated at Whitgift School in Croydon and University College, Oxford, where he read chemistry and graduated with a second-class degree in 1929. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Anisminic Ltd V Foreign Compensation Commission ''Anisminic Ltd v Foreign Compensation Commission'' 9692 AC 147 is a UK constitutional law case from the House of Lords in English administrative law. It established the "collateral fact doctrine", that any error of law made by a public body will make its decision a nullity and that a statutory exclusion clause (known as an ouster 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 (renamed from Sinai Mining Co.) located in the Sinai peninsula were seized by the Egyptian government before November 1956. Anisminic then sold the mining properties to The Economic Development Organisation (TEDO), owned by the Egyptian government, in 1957. In 1959 and 1962, Orders in Council were made under the Foreign Compensation Act 1950 to distribute compensation paid by the Egyptian government to the UK government with respect to British pr ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
picture info	Judicial Review Judicial review is a process under which executive, legislative and administrative actions are subject to review by the judiciary. A court with authority for judicial review may invalidate laws, acts and governmental actions that are incompatible with a higher authority: an executive decision may be invalidated for being unlawful or a statute may be invalidated for violating the terms of a constitution. Judicial review is one of the checks and balances in the separation of powers: the power of the judiciary to supervise the legislative and executive branches when the latter exceed their authority. The doctrine varies between jurisdictions, so the procedure and scope of judicial review may differ between and within countries. General principles Judicial review can be understood in the context of two distinct—but parallel—legal systems, civil law and common law, and also by two distinct theories of democracy regarding the manner in which government should be organize ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]
	Judicial Review In English Law Judicial review is a part of UK constitutional law that enables people to challenge the exercise of power, usually by a public body. A person who contends that an exercise of power is unlawful may apply to the Administrative Court (a part of the King's Bench Division of the High Court) for a decision. If the court finds the decision unlawful it may have it set aside (quashed) and possibly (but rarely) award damages. A court may impose an injunction upon the public body. When creating a public body, legislation will often define duties, limits of power, and prescribe the reasoning a body must use to make decisions. These provisions provide the main parameters for the lawfulness of its decision-making. In addition, the Human Rights Act 1998 provides that statutes must be interpreted so far as possible, and public bodies must act, in a manner which is compliant with the European Convention on Human Rights and Fundamental Freedoms. There are also common law constraints on the de ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu]