Case of Proclamations
1610 · (1610) 12 Co Rep 74
Posted By lanbuk.com
- Facts
- King James I issued proclamations banning new buildings in London and the making of starch from wheat.
- Issue
- Could the King create new offences or change the law by proclamation?
- Held
- No. Coke CJ and the judges held that the King cannot change the law by proclamation, and has only the prerogative that the law of the land allows him.
- Principle
- The Crown cannot legislate without Parliament. The courts decide the limits of the prerogative.
- Why it matters
- A foundation of parliamentary supremacy and the .
Words and Latin in this note
- Rule of law
- The principle that government must act under and within the law, that everyone is equal before it, and that power is not used arbitrarily. Dicey gave it three meanings. Open the note.
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.