Liversidge V Anderson
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Liversidge V Anderson
''Liversidge v Anderson'' 942AC 206 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." It is therefore mainly notable in England 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 ...
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Judicial Functions Of The House Of Lords
Whilst the House of Lords of the United Kingdom is the upper chamber of Parliament and has government ministers, it for many centuries had a judicial function. It functioned as a court of first instance for the trials of peers, for impeachments, and as a court of last resort in the United Kingdom and prior, the Kingdom of Great Britain and the Kingdom of England. Appeals were technically not to the House of Lords, but rather to the King-in-Parliament. In 1876, the Appellate Jurisdiction Act devolved the appellate functions of the House to an Appellate Committee, composed of Lords of Appeal in Ordinary (informally referred to as Law Lords). They were then appointed by the Lord Chancellor in the same manner as other judges. During the 20th and early 21st century, the judicial functions were gradually removed. Its final trial of a peer was in 1935, and in 1948, the use of special courts for such trials was abolished. The procedure of impeachment became seen as obsolete. In 2009, t ...
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Robert Liversidge
Robert William Liversidge (11 June 1904 – 30 September 1994), formerly Jacob (Jack) Perlsweig, was a British businessman whose activities sometimes attracted the attention of the police and intelligence services. He was also a reputed spy and the subject of a ''cause célèbre'' as an internee in Britain during the Second World War. Early life Liversidge's parents, Asher Perlsweig, a rabbi, and Sarah, were Jewish immigrants to Britain from Russia. He was born in Harringay, London, one of five brothers and three sisters. He left school at the age of 14 and drifted before becoming involved in financial services. In July 1928 two of his associates, David and Dore Baumgart, were tried at the Old Bailey for conspiracy to defraud over share dealings in which Liversidge was also alleged to have been involved. An arrest warrant was issued for him, but it was never executed. He subsequently admitted that he had become involved with some dishonest people, but he always denied being guil ...
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Lord 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. H ...
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Ridge V Baldwin
''Ridge v Baldwin'' 964AC 40 was a UK labour law case heard by the House of Lords. The decision extended the doctrine of natural justice (procedural fairness in judicial hearings) into the realm of administrative decision making. As a result, the case has been described as "the landmark case" that opened up decisions taken by the UK executive to judicial review in English law. Facts The Brighton police authority dismissed its Chief Constable (Charles Ridge) without offering him an opportunity to defend his actions. The Chief Constable appealed, arguing that the Brighton Watch Committee (headed by George Baldwin) had acted unlawfully (''ultra vires'') in terminating his appointment in 1958 following criminal proceedings against him. Ridge also sought financial reparation from the police authority; having declined to seek reappointment, he sought a reinstatement of his pension, to which he would have been entitled with effect from 1960 had he not been dismissed, plus damages, or ...
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James Reid, Baron Reid
James Scott Cumberland Reid, Baron Reid, (30 July 1890 – 29 March 1975) was a Scottish Unionist politician and judge. His reputation is as one of the most outstanding judges of the 20th century. Life He was born on 30 July 1890 in Drem, East Lothian the son of James Reid a Solicitor of the Supreme Courts (SSC) and his wife, Kate Scott. Educated at Edinburgh Academy, he then studied law at Jesus College, Cambridge, graduating BA in 1910 and LLB in 1911. He was admitted as an advocate in 1914. He was commissioned into the 8th battalion Royal Scots in World War I and was seconded to the Machine Gun Corps in 1916, serving in Mesopotamia and reaching the rank of Major. He resigned his commission in 1921. He was appointed a King's Counsel in 1932. He was Member of Parliament (MP) for Stirling and Falkirk from October 1931 until his defeat in November 1935, and for Glasgow Hillhead from June 1937 until September 1948. He served as Solicitor General for Scotland from J ...
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Judicial Committee Of The Privy Council
The Judicial Committee of the Privy Council (JCPC) is the highest court of appeal for the Crown Dependencies, the British Overseas Territories, some Commonwealth countries and a few institutions in the United Kingdom. Established on 14 August 1833 to hear appeals formerly heard by the King-in-Council, the Privy Council formerly acted as the court of last resort for the entire British Empire, other than for the United Kingdom itself.P. A. Howell, ''The Judicial Committee of the Privy Council, 1833–1876: Its Origins, Structure, and Development'', Cambridge, UK: Cambridge University Press, 1979 Formally a statutory committee of His Majesty's Most Honourable Privy Council, the Judicial Committee consists of senior judges who are Privy Councillors; they are predominantly Justices of the Supreme Court of the United Kingdom and senior judges from the Commonwealth of Nations. Although it is often simply referred to as the 'Privy Council', the Judicial Committee is only one cons ...
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YouTube
YouTube is a global online video platform, online video sharing and social media, social media platform headquartered in San Bruno, California. It was launched on February 14, 2005, by Steve Chen, Chad Hurley, and Jawed Karim. It is owned by Google, and is the List of most visited websites, second most visited website, after Google Search. YouTube has more than 2.5 billion monthly users who collectively watch more than one billion hours of videos each day. , videos were being uploaded at a rate of more than 500 hours of content per minute. In October 2006, YouTube was bought by Google for $1.65 billion. Google's ownership of YouTube expanded the site's business model, expanding from generating revenue from advertisements alone, to offering paid content such as movies and exclusive content produced by YouTube. It also offers YouTube Premium, a paid subscription option for watching content without ads. YouTube also approved creators to participate in Google's Google AdSens ...
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John Simon, 1st Viscount Simon
John Allsebrook Simon, 1st Viscount Simon, (28 February 1873 – 11 January 1954), was a British politician who held senior Cabinet posts from the beginning of the First World War to the end of the Second World War. He is one of only three people to have served as Home Secretary, Foreign Secretary and Chancellor of the Exchequer, the others being Rab Butler and James Callaghan. He also served as Lord Chancellor, the most senior position in the British legal system. Beginning his career as a Liberal (identified initially with the left wing but later with the right wing of the party), he joined the National Government in 1931, creating the Liberal National Party in the process. At the end of his career, he was essentially a Conservative. Background and education Simon was born in a terraced house on Moss Side, Manchester, the eldest child and only son of Edwin Simon (1843–1920) and wife Fanny Allsebrook (1846–1936). His father was a Congregationalist minister, like three o ...
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Lord Chancellor
The lord chancellor, formally the lord high chancellor of Great Britain, is the highest-ranking traditional minister among the Great Officers of State in Scotland and England in the United Kingdom, nominally outranking the prime minister. The lord chancellor is appointed by the sovereign on the advice of the prime minister. Prior to their Union into the Kingdom of Great Britain, there were separate lord chancellors for the Kingdom of England (including Wales) and the Kingdom of Scotland; there were lord chancellors of Ireland until 1922. The lord chancellor is a member of the Cabinet and is, by law, responsible for the efficient functioning and independence of the courts. In 2005, there were a number of changes to the legal system and to the office of the lord chancellor. Formerly, the lord chancellor was also the presiding officer of the House of Lords, the head of the judiciary of England and Wales and the presiding judge of the Chancery Division of the High Court of Justic ...
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Inter Arma Enim Silent Leges
''Inter arma enim silent lēgēs'' is a Latin phrase that literally means "For among arms, the laws are silent" but is more popularly rendered as "In times of war, the law falls silent." Ancient Rome The aphorism was likely first written in these words by Cicero in his published oration ''Pro Milone'', but Cicero's actual wording was ''Silent enim lēgēs inter arma''. When Cicero used the phrase, politically-motivated mob violence was common. Armed gangs led by partisan leaders controlled the streets of Rome, but such leaders were elected to high offices. Other Latin writers used the expression like Jerome in Letter 126. United States US President Abraham Lincoln's request for an opinion on the suspension of the right to ''habeas corpus'' during the American Civil War eventually resulted in the decision in ''Ex parte Merryman'' (1861) of Chief Justice Roger B. Taney, as a judge of the US Circuit Court for the District of Maryland: The US government explicitly referred to ...
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Secretary Of State For The Home Department
The secretary of state for the Home Department, otherwise known as the home secretary, is a senior minister of the Crown in the Government of the United Kingdom. The home secretary leads the Home Office, and is responsible for all national security, policing and immigration policies of the United Kingdom. As a Great Office of State, the home secretary is one of the most senior and influential ministers in the government. The incumbent is a statutory member of the British Cabinet and National Security Council. The position, which may be known as interior minister in other nations, was created in 1782, though its responsibilities have changed many times. Past office holders have included the prime ministers Lord North, Robert Peel, the Duke of Wellington, Lord Palmerston, Winston Churchill Sir Winston Leonard Spencer Churchill (30 November 187424 January 1965) was a British statesman, soldier, and writer who served as Prime Minister of the United Kingdom twice, from ...
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Defence Regulations
During the Second World War Defence Regulations were a fundamental aspect of everyday life in the United Kingdom. They were emergency regulations passed on the outbreak of war and during it to give the government emergency powers to prosecute the war. Two Acts of Parliament were passed as enabling legislation to allow the Defence Regulations to be promulgated. The first was the Emergency Powers (Defence) Act 1939, which was passed immediately before war was declared, and the second was the Emergency Powers (Defence) Act 1940, which was passed in the aftermath of the German attack on France in 1940. The 1940 Act allowed Defence Regulations to be made on matters such as industrial conscription. The main Defence Regulations were the Defence (General) Regulations 1939, which were amended at various points throughout the war. Other Defence Regulations covered narrower fields of life. These included Defence Regulation 18B, which provided a framework for internment. The Defence Regulati ...
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