| New York University. School of Law - 1996 - 738 strani
...leading advocates of the Parliamentary position, and the great Chief Justice Coke observed in 1611 that the King 'hath no prerogative but that which the law of the land allows him'.2 Early declarations of the liberty of the subject and of restrictions on royal power (such as... | |
| Michael Taggart - 1997 - 411 strani
...Authority Powers" |1996] PL 244. 12 Proclamations' Case (1611) 12 Co Rep 74, 76: "Also it was resolved that the King hath no prerogative, but that which the law of the land allows him". This principle explains the need to pass legislation on matters such as compulsory purchase and planning... | |
| Christopher Vincenzi - 1998 - 352 strani
...Chief Justice, Sir Edward Coke, at the beginning of the seventeenth century, when he had declared: 'The King hath no prerogative but that which the law of the land allows him.' It took the abolition of the Star Chamber by Parliament in 1641 , a civil war and a revolution for... | |
| C. F. Forsyth, Ivan Hare - 1998 - 400 strani
...but no indictment had ever been known to conclude contra regiam proclamationem. The King, therefore, 'hath no prerogative, but that which the law of the land allows him'.13 The argument and imagery used by the Lord Chancellor and the Lord Privy Seal had not proven... | |
| Mark Elliott - 2001 - 293 strani
...the Crown does not now enjoy unfettered prerogative power. As early as 1611, Sir Edward Coke stated that, "The King hath no prerogative, but that which the law of the land allows him".29 This position was affirmed by the constitutional settlement of 1689, which "established that... | |
| Hilaire Barnett - 2002 - 1117 strani
...of the United Kingdom was passed by the Commons and Lords. JUDICIAL CONTROL OF THE PREROGATIVE ... the King hath no prerogative, but that which the law of the land allows him.85 Statute and the prerogative86 Although there is a degree of certainty as to the existence and... | |
| Helen Fenwick - 2003 - 434 strani
...taken falls within its scope. The famous Case of Proclamations (1611) made the seminal declaration that 'the King hath no prerogative, but that which the law of the land allows him'. The courts will not allow new prerogatives to be created by Executive fiat. In BBC v Johns (1965), the... | |
| Helen Fenwick, Gavin Phillipson - 2003 - 1143 strani
...such an offence as is prohibited by Act of Parliament, and not by proclamation. Also, it was resolved, that the King hath no prerogative, but that which the law of the land allows him. Notes 1 When the Crown alleged that the security of the realm was threatened, however, the courts were... | |
| James A. Curry, Richard B. Riley, Richard M. Battistoni - 2003 - 660 strani
...instead a legal theory which placed both king and Parliament under a higher law. As a judge he argued "that the king hath no prerogative, but that which the law of the land allows," judges being the appropriate interpreters of this law. As a member of Parliament, he asserted the power... | |
| Paul Raffield - 2004 - 320 strani
...C. 8) had been repealed. Characteristically, Coke defined the legal limits of proclamations, arguing that 'the King hath no prerogative but that which the law of the land allows him'. Coke defined the legal limits of proclamations, thus: 'the King by his proclamation cannot create any... | |
| |