Case of Prohibitions

Case of Prohibitions

The Case of Prohibitions (1607) [Owen Hood Phillips. "Leading Cases in Constitutional Law". Sweet & Maxwell, London, 1957. Ch. 13, pp 46-47.] is a historical English court decision that established the supremacy of the courts. King James I placed himself in the position of judge for a dispute. When the case went before Edward Coke, the Chief Justice of the Court of Common Pleas, he overturned the decision of the King and held that cases must only be tried by those with legal training and must be subject to the rule of law. Coke famously describes the function of judges as being "not to make but to declare the law, according to the golden mete-wand of the law and not by the crooked cord of discretion."

References

External links

*Cite BAILII|http://www.bailii.org/ew/cases/EWHC/KB/1607/J23.html Text of judgment
litigants=Prohibitions Del Roy
court=EWHC
division=KB
year=1607
num=J23
month=November | year=1607


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