Prohibitions Del Roy [1607]

Court: Court of Common Pleas

Facts: A land dispute broke out between the Archbishop of Canterbury and another party. The Archbishop sought King James I to adjudicate the case. The King passed judgment.

Issue: Whether the King had the right to adjudicate cases in England’s courts.

Held: The court overturned the King’s decision, holding that only trained judges in courts of justice could try cases. The King could only consult with the trained justices, not adjudicate.

Key Judicial Statement: Sir Edward Coke CJ emphasized that “The King may sit in the King’s Bench but merely to consult…[he] lacks the training in the laws of England and hence cannot decide cases.”

💡Leveluplaw : This case laid the foundation for the separation of powers between the Crown and the judiciary, asserting that the judiciary must adjudicate legal matters independently from the executive.

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Entick v Carrington (1765)

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A v The United Kingdom [2002] ECHR 811