References: (1972) 406 US 759, [1972] USSC 189, [1972] 92 SCt 1808
Links: Worldlii
(United States Supreme Court) The court worried about just how much confusion can result from executive encroachment on issues of justiciability and that executive interference would lead to arbitrary results as ‘the Court becomes a mere errand boy for the Executive Branch which may choose to pick some people’s chestnuts from the fire, but not others” (Douglas J). ‘I would be uncomfortable with a doctrine which would require the judiciary to receive the Executive’s permission before invoking its jurisdiction . Such a notion, in the name of the doctrine of separation of powers, seems to me to conflict with that very doctrine.’ (Powell J)
This case is cited by:
- Cited – Korea National Insurance Company -v- Allianz Global Corporate & Specialty Ag ComC (Bailii, [2008] EWHC 2829 (Comm))
The claimant sought to enforce a judgment for payment of a sum under a policy of insurance. The defendant sought to refuse saying that the policy had been instigated by a fraud perpetrated by the state of North Korea, and or that the judicial system . .