Pickin v British Railways Board [1974] AC 765

Court: House of Lords

Facts: Pickin claimed that the British Railways Board misled Parliament into passing a 1968 private bill that deprived him of land ownership rights. He sought to nullify the Act, arguing that it was passed through fraudulent means.

Issue: Do courts have the authority to investigate or invalidate the proceedings in Parliament or the legitimacy of enacted legislation?

Held: The House of Lords ruled that courts have no authority to question how an Act of Parliament was passed, as their role is solely to interpret and apply the law. Parliamentary proceedings, including private bills, are immune from judicial scrutiny.

Key Judicial Statement: Lord Reid stated that courts cannot inquire into how a law was passed or whether Parliament was misled during the legislative process.

💡Leveluplaw: Courts respect the separation of powers, meaning Parliamentary proceedings cannot be challenged or overturned by the judiciary.

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Re Parliamentary Privileges Act 1770 (The Strauss Case) [1958] AC 331; (1958) 21 MLR 456