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Buck v. Attorney-General

England.  05 May 1964 ; 12 February 1965 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Jurisdiction — Territorial — Exemptions from — Foreign States — Jurisdiction of court to pass upon validity of Constitution of foreign State — Court of former imperial country which granted Constitution prior to independence of colony — Issue arising after independence — New State not party to action — The law of England.

Treaties — Operation and enforcement of — Effect in municipal law — Whether creating rights enforceable in municipal courts — Grant of land by African Ruler to British Crown — Whether creating rights in subjects of Crown — The law of England.

States as international persons — Sovereignty and independence — Principle of non-intervention — Independence in regard to internal constitutional matters — Whether court in former imperial country has jurisdiction to pass on Constitution made prior to colony's independence — Relevance of comity — Constitution of Sierra Leone — Challenge in English courts.

Type
Case Report
Copyright
© Cambridge University Press 1971

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