Liversidge v Anderson
1941 · [1942] AC 206
Posted By lanbuk.com
- Facts
- The Home Secretary detained a man in wartime under a regulation allowing detention where he had reasonable cause to believe a person was of hostile associations.
- Issue
- Could the courts examine whether the minister really had reasonable cause?
- Held
- The majority held the courts could not question the minister's belief. Lord Atkin dissented strongly.
- Principle
- Lord Atkin, dissenting: every imprisonment without trial and is unlawful, and it is for the person directing it to justify it. His dissent is now generally preferred.
- Why it matters
- A key case on liberty and on the court's role in reviewing detention.
Words and Latin in this note
- Prima facie
- At first sight: evidence strong enough to prove a point unless it is answered or contradicted. Open the note.
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