Chapter

The Bureaucracy under Stress

A. W. Brian Simpson

in In the Highest Degree Odious

Published in print November 1994 | ISBN: 9780198259497
Published online March 2012 | e-ISBN: 9780191681974 | DOI: http://dx.doi.org/10.1093/acprof:oso/9780198259497.003.0012
The Bureaucracy under Stress

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The massive increase in the use of executive detention between May and September 1940 placed great strains upon Britain's bureaucracy. In addition to Regulation 18B detainees, there were approximately 28,000 enemy aliens, detained under the prerogative, and a substantial number of non-enemy aliens, of whom, by November, 895 had been made subject to orders. There were also Irish Republican Army expulsion orders to be made. In terms of paper alone this meant more than 30,000 Home Office files, not to mention those of the committee and Military Intelligence Section 5. Regulation 18B orders remained in theory under John Anderson's direct control, but their judicial and individual character could not survive the imposition by the War Cabinet of political and military policy. Legally, the Home Secretary personally made the orders; although the point never arose in litigation, the making of such orders involves in legal theory a ‘quasi-judicial’ decision, the performance of which cannot be delegated. But the idea of Anderson applying his own judgement to each case was now fanciful.

Keywords: Britain; executive detention; bureaucracy; Home Office; enemy aliens; Regulation 18B; John Anderson; litigation; quasi-judicial decision

Chapter.  8322 words. 

Subjects: History of Law

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