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These were the propositions approved by Stuart-Smith
L.J. in the Taylor case (above). We refer in particular to propositions
(6) & (7) and have therefore to consider whether having regard to
the nature of the particular powers in question the Attorney General
is immune from suit. We have looked to the decisions in Jersey and
the Isle of Man for guidance and then have reached our own conclusion.
The Royal Court in Jersey in McMahon (above) appears to have taken
a line which strikes us with respect as somewhat inconsistent, in
that the Royal court (without at that time having the benefit of
such later authorities as Ferrante or ex p. Smith) held that the
Attorney General was immune, so that there was no jurisdiction over
him, and yet at the very end of the judgment went on to hold that
after all there was a specific and apparently limited jurisdiction
to interfere. Once there is jurisdiction of any kind it is difficult
to see how the Attorney General's position could be said to be one
of immunity.
The Court of Appeal of the Isle of Man however had
no such difficulties and with the advantage of the Ferrante decision
and of the judgment of Stuart- Smith L.J. in Reg -v-Solicitor General
ex. P.Taylor & Taylor (above) held that there was no absolute bar
preventing the Courts in that island from reviewing administrative
or executive decisions of the Attorney General of the Isle of Man.
We respectfully adopt the same reason so far as concerns the island
of Guernsey, adding the further factor that, whereas the Attorney
General of the Isle of Man has been said (possibly inaccurately)
to be answerable to Tynwald, the Procureur is answerable only to
the Crown, an accountability which is in practice likely to be of
little practical effect in such a matter as this.
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