Liversidge v. Anderson
United Kingdom House of Lords
3 All E.R. 338 (1941)
- Written by Kelly Simon, JD
Facts
During World War II, the Emergency Powers (Defence) Act 1939 authorized the British government to make broad regulations necessary to maintain public order and further the war efforts during a dangerous and tumultuous time. In response, the Defence (General) Regulations were enacted, creating numerous emergency powers, including Regulation 18B, which allowed the secretary of state to detain anyone reasonably believed to be of hostile origin or association or to be involved with acts contrary to public safety or the defense of the country. In 1940, Secretary of State John Anderson (defendant) claimed he had reasonable cause to believe that Robert Liversidge (plaintiff) was a person of hostile association and that Liversidge must be detained consistent with Regulation 18B. Liversidge was imprisoned and no charges were brought against him. Liversidge appealed his detention, arguing that Anderson’s order for his imprisonment was unlawful. After numerous unfavorable decisions in lower courts, Liversidge eventually appealed his detention to the House of Lords.
Rule of Law
Issue
Holding and Reasoning (Maugham, J.)
Dissent (Atkin, J.)
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