41 SOERING v. THE UNITED KINGDOM JUDGMENT 122. Mr Soering did admittedly make an application for judicial review together with his application for habeas corpus and was met with an unfavourable response from Lord Justice Lloyd on the issue of "irrationality" (see paragraph 22 above). However, as Lord Justice Lloyd explained, the claim failed because it was premature, the courts only having jurisdiction once the Minister has actually taken his decision (ibid.). Furthermore, the arguments adduced by Mr Soering were by no means the same as those relied on when justifying his complaint under Article 3 (art. 3) before the Convention institutions. His counsel before the Divisional Court limited himself to submitting that the assurance by the United States authorities was so worthless that no reasonable Secretary of State could regard it as satisfactory under the Treaty. This is an argument going to the likelihood of the death penalty being imposed but says nothing about the quality of the treatment awaiting Mr Soering after sentence to death, this being the substance of his allegation of inhuman and degrading treatment. There was nothing to have stopped Mr Soering bringing an application for judicial review at the appropriate moment and arguing "Wednesbury unreasonableness" on the basis of much the same material that he adduced before the Convention institutions in relation to the "death row phenomenon". Such a claim would have been given "the most anxious scrutiny" in view of the fundamental nature of the human right at stake (see paragraph 35 above). The effectiveness of the remedy, for the purposes of Article 13 (art. 13), does not depend on the certainty of a favourable outcome for Mr Soering (see the Swedish Engine Drivers’ Union judgment of 6 February 1976, Series A no. 20, p. 18, § 50), and in any event it is not for this Court to speculate as to what would have been the decision of the English courts. 123. The English courts’ lack of jurisdiction to grant interim injunctions against the Crown (see paragraph 35 in fine above) does not, in the Court’s opinion, detract from the effectiveness of judicial review in the present connection, since there is no suggestion that in practice a fugitive would ever be surrendered before his application to the Divisional Court and any eventual appeal therefrom had been determined. 124. The Court concludes that Mr Soering did have available to him under English law an effective remedy in relation to his complaint under Article 3 (art. 3). This being so, there is no need to inquire into the other two remedies referred to by the United Kingdom Government. There is accordingly no breach of Article 13 (art. 13). IV. APPLICATION OF ARTICLE 50 (art. 50) 125. Under the terms of Article 50 (art. 50), "If the Court finds that a decision or a measure taken by a legal authority or any other authority of a High Contracting Party is completely or partially in conflict with