Case of Proclamations, 1610 EWHC KB J 22, 77 ER 1352
Citation:Case of Proclamations, 1610 EWHC KB J 22, 77 ER 1352
Rule of thumb:Does the King or Queen of England/Britain pass legislation or run the Government? No, Parliaments passes the laws & the King/Queen has no power to decide how the Government is run. The Monarchy in England is a figurehead.
Judgment:
This case affirmed the ‘Sovereignty of Parliament’ and what effectively became ‘Ministerial Prerogative’ rather than ‘Royal Prerogative’, with the principle often just being referred to thereafter as ‘prerogative’. This case affirmed that Parliament had the jurisdiction to ‘proclaim’ the law and that the Kind, and that Royal Prerogative no longer existed, with this instead passing to the Ministers in Parliament. This case affirmed that the UK was a democratic country, ‘... the King cannot change any part of the common law, nor create any offence, by his proclamation, which was not an offence before, without Parliament... The King has no prerogative but that which the law of the land allows of him’, Chief Justice Sir Edward Coke
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