The right of appeal to the Privy Council can be removed or limited by the use of words which fell short of an express limitation, but which still showed the necessary intention. Lord Browne-Wilkinson said that the power is ‘at best, a power which is in substance statutory, being regulated by the Judicial Committee Acts, with a vestigial and purely formal residue of the old prerogative powers’.
(New Zealand)
Judges:
Lord Browne-Wilkinson
Citations:
Times 04-Nov-1997, [1997] UKPC 46, [1998] AC 275
Links:
Cited by:
Cited – The Attorney General for St Christopher and Nevis v Rodionov PC 20-Jul-2004
(St. Christopher and Nevis) The government of Canada requested the extradition of the respondent. The Attorney General sought special leave to appeal against the order for his discharge from custody, which had been on the grounds of the prejudice . .
Cited – David Grant v Director of Correctional Services and Another; The Director of Public Prosecutions PC 14-Jun-2004
(Jamaica) The defendant had pleaded guilty to drugs offences in the US, and had fled to Jamaica. He appealed against a refusal of Habeas Corpus having been arrested and held for extradition. The Board considered its jurisdiction to hear such an . .
Lists of cited by and citing cases may be incomplete.
Constitutional
Updated: 01 June 2022; Ref: scu.159256