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Inherent jurisdiction

Civil Procedure and Judicial Process Doctrine

Inherent jurisdiction is a doctrine of English common law under which a superior court may hear any matter that comes before it, unless a statute or rule limits that authority or gives exclusive jurisdiction to another court or tribunal. The term is also used when a governmental institution derives its jurisdiction from a fundamental governing instrument such as a constitution. In the case of Bremer Vulkan v South India Shipping, Lord Diplock described it as a general power to control the court's own procedure so as to prevent its being used to achieve injustice. Four general categories of use are recognised: ensuring convenience and fairness in legal proceedings, preventing steps that would render judicial proceedings inefficacious, preventing abuses of process, and acting in aid of superior courts and in aid or control of inferior courts and tribunals. The power stems from the inherent powers of a court, not from any particular statute.

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Doctrine Category
Constitutional Law 1
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Source Inherent jurisdiction (Wikipedia)
Sources
1. Wikipedia: Inherent jurisdiction
a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before itView the Source
Inherent jurisdiction (Wikipedia)
  • Lead section
    Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal.
  • In Legal System: English Law, Wikipedia lead paragraph
    Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdic
  • In Group: Judicial Sanctions, Remedies and Interlocutory Relief, Introduction, sentence 1
    Inherent jurisdiction is a doctrine of the English common law that a superior court has the jurisdiction to hear any matter that comes before it, unless a statute or rule limits that authority or grants exclusive jurisdiction to some other court or tribunal.
View the Source
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