Zamora [1916] 2 AC 77

Court: House of Lords

Facts: Zamora involved the seizure of a ship during World War I under the government's prerogative powers. The British government confiscated the vessel, claiming it was being used to transport goods to Germany, an enemy nation. The owners of the ship challenged the legality of the seizure, arguing that the government's actions were unjustified.

Issue: What are the limits of the prerogative powers exercised by the Crown in relation to the seizure of private property, and how does this relate to the rule of law?

Held: The House of Lords ruled that the seizure was unlawful. The case established that prerogative powers must be exercised in accordance with the rule of law, and the government is required to provide justification for its actions.

Key Judicial Statements: The Court noted, “All those matters upon which the court is authorized to proceed are, or arise out of, acts done by the Sovereign power in right of war,” emphasizing that prerogative powers are not absolute and must conform to legal standards.

💡 LevelUpLaw: This case highlights the tension between prerogative powers and the rule of law, asserting that while the government has certain powers during wartime, those powers must be exercised within the framework of legality. It reinforces the importance of accountability and justification in government actions, particularly regarding the seizure of private property.