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The scales of justice on a plain background

Edinburgh and Dalkeith Railway Co v Wauchope

1842 · (1842) 8 Cl & F 710

Posted By lanbuk.com

Facts
A private Act affected the defendant's rights. He argued it was invalid because he had not been given notice of the Bill as the standing orders required.
Issue
Could a court examine whether Parliament had followed its own procedure?
Held
No. The courts look only at the Parliament roll, and cannot inquire into how the Act was passed.
Principle
The enrolled Act rule.
Why it matters
Confirmed by the House of Lords in British Railways Board v Pickin.

For study only. By lanbuk.com. Always check current sources and consult a qualified professional.