The Decision
The Court decided that although it had certainly been brought into literal existence by the Judiciary Act, it potentially derived its authority from the Constitution. However, it chose not to resolve the question. Instead, the Court overturned the grant of leave to appeal on the grounds that leave should be granted only in cases involving a matter of public importance or a significant amount of money (defined in 1901 as GBP 300).
Read more about this topic: Dalgarno V Hannah
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“The issue is privacy. Why is the decision by a woman to sleep with a man she has just met in a bar a private one, and the decision to sleep with the same man for $100 subject to criminal penalties?”
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