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Buck v. Attorney-General
Published online by Cambridge University Press: 01 January 2021
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.
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- Case Report
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- Copyright
- © Cambridge University Press 1971
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