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McElhinney v. Williams and Her Majesty's Secretary of State for Northern Ireland

Ireland.  15 April 1994 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

State immunity — Jurisdictional immunity — Tort — Whether immunity applicable in respect of alleged assault within jurisdiction by foreign soldier — Alleged attempt by soldier to fire gun at plaintiff — Restrictive doctrine of immunity — Whether relevant act governmental in nature — Doctrine of reciprocity

Relationship of international law and municipal law — Constitutional rights to bodily integrity and to seek redress in courts — Whether constitutional rights infringed by application of sovereign immunity — Whether constitutional rights regulated by principles of international law — The law of Ireland

Keywords

State immunityRelationship of international law and municipal law
Type
Case Report
Information
International Law Reports , Volume 103 , 1996 , pp. 311 - 317
Copyright
© Cambridge University Press 1996

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