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Customs - Highlights / Catch Notes

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Validity of policy decision - Imposing prohibition on export of ...


Court Upholds Shark Fin Export Ban; Decision Makers Not Required to Prove Effectiveness of Policy Under Challenge.

July 19, 2016

Case Laws     Customs     HC

Validity of policy decision - Imposing prohibition on export of Shark fins of all species of Shark - The rationality of the decision cannot be adjudged on a proof of validity as a pre-requisite. The decision makers need not establish or demonstrate that the decision would secure its objectives. The ultimate decision by passage of time may prove the decision was right or wrong. The freedom of the decision makers to have the choice must be left to their discretion. - HC

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