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EWHC J23 (KB)is a UK constitutional law case decided by Sir Edward Coke. Before the Glorious Revolution of 1688, when the Parliamentary sovereignty in the United Kingdom, sovereignty of Parliament was confirmed, this case wrested supremacy from the King in favour of the courts.
Facts
King
James I James I may refer to:
People
*James I of Aragon (1208–1276)
*James I of Sicily or James II of Aragon (1267–1327)
*James I, Count of La Marche (1319–1362), Count of Ponthieu
*James I, Count of Urgell (1321–1347)
*James I of Cyprus (1334–13 ...
placed himself in the position of judge for a dispute, a "controversy of land between parties was heard by the King, and sentence given".
Judgments
When the case went before
Edward Coke
Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”.
History
The name Edward was very popular in Anglo-Sa ...
, the Chief Justice of the
Court of Common Pleas
A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...
, he overturned the decision of the King, and held that cases may be tried only by those with legal training and subject to the
rule of law
The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannica ...
. Coke stated that common law cases were "not to be decided by natural reason but by artificial reason and judgment of law, which law is an art which requires long study and experience":
In another report, Coke is quoted as saying all causes were "to be measured by the golden and straight met-wand of the law, and not to the incertain and crooked cord of discretion".
Institutes of the Lawes of England
The ''Institutes of the Lawes of England'' are a series of legal treatises written by Sir Edward Coke. They were first published, in stages, between 1628 and 1644. Widely recognized as a foundational document of the common law, they have been cit ...
, volume 4, page 41
See also
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Notes
References
{{reflist
Sources
*
Owen Hood Phillips
Owen Hood Phillips, QC (30 September 1907 – 25 May 1986) was a British jurist. He was Lady Barber Professor of Jurisprudence at the University of Birmingham and Dean of the Faculty of Law, Vice-Principal and Pro-Vice-Chancellor of that universit ...
, ''Leading Cases in Constitutional Law'' (Sweet & Maxwell, London, 1957) Ch. 13, pp 46–47
External links
Full text of judgment on Bailii
1607 in English law
Edward Coke cases
Royal prerogative
Parliament of England
Sovereignty
Court of Common Pleas (England) cases
United Kingdom constitutional case law