Chapter

The Effect of Certification

F. A. Mann

in Foreign Affairs in English Courts

Published in print August 1986 | ISBN: 9780198255642
Published online March 2012 | e-ISBN: 9780191681615 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198255642.003.0003
The Effect of Certification

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The information which Her Majesty's Government provides, usually in answer to an inquiry by the court, is given by a certificate which in terse formulations sets forth the Government's conclusions, but does not give reasons or explain the process which had led the Government to its conclusions. Correspondence which precedes the actual certificate and which may foreshadow its contents may throw light on the certificate, but is no substitute for it. A certificate once granted is binding or conclusive in the sense that no evidence gainsaying it is admissible. However, the certificate is also exclusive in the sense that, where facts of State have to be ascertained, the information requested from and given by the Executive is the only permitted source of establishing the facts. While the Executive's certificate is conclusive and exclusive on questions of fact only, it remains subject to legitimate interpretation by the judiciary.

Keywords: certificate; certification; judiciary; Executive

Chapter.  7308 words. 

Subjects: Public International Law

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