Entick v Carrington
1765 · (1765) 19 St Tr 1030
Posted By lanbuk.com
- Facts
- The King's messengers broke into John Entick's house under a warrant from the Secretary of State and took his papers, on suspicion of seditious writing.
- Issue
- Was a warrant issued by a minister, with no statute or common law authority, a defence to ?
- Held
- No. The search and seizure were unlawful. Lord Camden said that if the power were lawful it would be found in the books of law, and it was not.
- Principle
- Public officers need legal authority for interfering with a person or his property. State necessity is not a defence.
- Why it matters
- A leading authority for the and for the principle that government must point to legal authority for what it does.
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.
Also on Lanbuk
- Entick v Carrington in Lanbuk on the Law of Torts
For study only. By lanbuk.com. Always check current sources and consult a qualified professional.