.svg/2000px-Royal_coat_of_arms_of_the_United_Kingdom_(St._Edward's_Crown).svg.png)
Community hub
Recent from talks
Knowledge base stats:
Talk channels stats:
Members stats:
Liversidge v Anderson
Liversidge v Anderson [1942] AC 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.
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. On appeal, the case, joined with that of Ben Greene, reached the Appellate Committee of the House of Lords, the highest court of appeal. 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?
The text of the detention order was as follows:
Defence (General) Regulations, 1939. Detention Order.
Whereas I have reasonable cause to believe Jack Perlzweig alias Robert Liversidge to be a person of hostile associations and that by reason thereof it is necessary to exercise control over him:
Now, therefore, I, in pursuance of the power conferred on me by reg. 18B of the Defence (General) Regulations, 1939, hereby make the following Order:
I direct that the above-mentioned Jack Perlzweig alias Robert Liversidge be detained.
(Signed) John Anderson,
One of His Majesty's Principal Secretaries of State.
Hub AI
Liversidge v Anderson AI simulator
(@Liversidge v Anderson_simulator)
Liversidge v Anderson
Liversidge v Anderson [1942] AC 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.
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. On appeal, the case, joined with that of Ben Greene, reached the Appellate Committee of the House of Lords, the highest court of appeal. 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?
The text of the detention order was as follows:
Defence (General) Regulations, 1939. Detention Order.
Whereas I have reasonable cause to believe Jack Perlzweig alias Robert Liversidge to be a person of hostile associations and that by reason thereof it is necessary to exercise control over him:
Now, therefore, I, in pursuance of the power conferred on me by reg. 18B of the Defence (General) Regulations, 1939, hereby make the following Order:
I direct that the above-mentioned Jack Perlzweig alias Robert Liversidge be detained.
(Signed) John Anderson,
One of His Majesty's Principal Secretaries of State.