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Case of Prohibitions [1607] EWHC J23 (KB)

Case of Prohibitions [1607] EWHC J23 (KB)


Citation:Case of Prohibitions [1607] EWHC J23 (KB)

Link to case on WorldLII.

Rule of thumb:Can the King or Queen of England/Britain make Judgments on the law? No, the Court interprets the law in England. The Monarchy in England is a figurehead.

Judgment:

This case affirmed the ‘separation of powers’ principle – it affirmed that Court had the jurisdiction to interpret the laws and pass judgement on them and that the King did not affect this. In this case the ecclesiastical Court and the common law Court were in dispute with each other, with the King disagreeing with the Judgement arrived at by the Court, and it was confirmed that the royalty did not have the final say. The Royalty and the law-makers had no right to interfere in the decisions reached by the Courts.

Ratio-decidendi:

‘A controversy of land between parties was heard by the King, and sentence given, which was repealed for this, that it did not belong to the common law: then the King said, that he thought the law was founded upon reason, and that he and others had reason, as well as the Judges: to which it was answered by me, that true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects, are not to be decided by natural reason but by the artificial reason and judgment of law, which law is an act which requires long study and experience, before that a man can attain to the cognizance of it: that the law was the golden met-wand and measure to try the causes of the subjects; and which protected His Majesty in safety and peace: with which the King was greatly offended, and said, that then he should be under the law, which was treason to affirm, as he said; to which I said, that Bracton saith, quod Rex non debed esse sub homine, sed sub Deo et lege [That the King ought not to be under any man but under God and the law.].. "to be measured by the golden and straight met-wand of the law, and not to the incertain and crooked cord of discretion”, Chief Justice Sir Edward Coke at 21

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Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.