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Liversidge v Anderson information


Liversidge v Anderson
CourtHouse of Lords
Decided3 November 1941
Citation(s)[1941] UKHL 1, [1942] AC 206
Court membership
Judge(s) sittingViscount Maugham, Lord Atkin, Lord Macmillan, Lord Wright, Lord Romer
Keywords
Judicial review, detention

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."[1] It is therefore mainly notable in England for the dissent of Lord Atkin.

  1. ^ AW Bradley and KD Ewing, Constitutional and Administrative Law (15th edn 2011) 674

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