Case of Prohibitions
Case of Prohibitions [1607] EWHC J23 (KB) is a historical English court decision by Sir Edward Coke. Before the Glorious Revolution of 1688, when the sovereignty of Parliament was confirmed, this case wrested supremacy from the King in favour of the courts.
Facts
King James I 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, the Chief Justice of the Court of Common Pleas, 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. 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...".[1]:21
References
- ↑ Cook, C. (2001). Laying down the law. Sydney: LexisNexis Butterworths.
- Owen Hood Phillips, Leading Cases in Constitutional Law (Sweet & Maxwell, London, 1957) Ch. 13, pp 46–47