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**jobsfancy** · 08-29-2009, 12:37 AM

It was not a judicial discretion.

It was a ministerial ie executive discretion.

Ministerial discretions, exercised by a secretary of one nation (as opposed to another) do not arise by reason of differing "legal systems". They arise by reason of executive sovereignty of a nation state and the fact that at the time the decision is made, the secretary was the relevant minister or discretion holder ie office holder in that state.

Keep digging.

08-29-2009, 12:37 AM	#49
jobsfancy Join Date Oct 2005 Posts 441 Senior Member	It was not a judicial discretion. It was a ministerial ie executive discretion. Ministerial discretions, exercised by a secretary of one nation (as opposed to another) do not arise by reason of differing "legal systems". They arise by reason of executive sovereignty of a nation state and the fact that at the time the decision is made, the secretary was the relevant minister or discretion holder ie office holder in that state. Keep digging.
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