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3 The Effect of Certification

From: Foreign Affairs in English Courts

F. A. Mann

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 04 July 2022

Judicial review — Recognition of states — Recognition of governments

The information which Her Majesty's Government provides, usually in answer to an inquiry by the court, is given by a certificate which in terse formulations sets forth the Government's conclusions, but does not give reasons or explain the process which had led the Government to its conclusions. Correspondence which precedes the actual certificate and which may foreshadow its contents may throw light on the certificate, but is no substitute for it. A certificate once granted is binding or conclusive in the sense that no evidence gainsaying it is admissible. However, the certificate is also exclusive in the sense that, where facts of State have to be ascertained, the information requested from and given by the Executive is the only permitted source of establishing the facts. While the Executive's certificate is conclusive and exclusive on questions of fact only, it remains subject to legitimate interpretation by the judiciary.

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