Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
it is nevertheless a practical and efficient remedy for the invasion
by the sovereign power of individual rights."[30] And in the later
case of Carlisle _vs._ United States the court held that, under the
proceeding known as the petition of right, the government of Great
Britain accorded "the right to prosecute claims against such government
in its courts" not only to subjects but to aliens.[31] Later still in
the famous case of United States _vs._ Lee, which was an action at law
to recover the property known as the Arlington National Cemetery from
the possession of officers of the United States government, Mr. Justice
Miller, delivering the opinion of the court, said: "It is believed that
the petition of right, as it has been practised and observed in the
administration of justice in England, has been as efficient in securing
the rights of suitors against the crown in all cases appropriate to
judicial proceedings, as that which the law affords to the subjects of
the king in legal controversies among themselves."[32]
The remedy under the petition of right has continued unimpaired to the
present time. The procedure is now regulated by the statute 23 and 24
Victoria, ch. 34, passed July 3, 1860. The statute provides that the
king by means of this proceeding may be sued at law or in equity as
the particular case may require, and that the remedy afforded "shall
comprehend every species of relief claimed or prayed for in any such
petition of right, whether a restitution of any incorporeal right, or
a return of lands or chattels, or a payment of money or damages, or
otherwise." In granting or refusing the petition, the king acts under
the advice of the home secretary, and the latter is responsible to
parliament in case he shall arbitrarily or wrongfully advise a refusal.
The petition of right, however, is available only in cases in which it
is sought to obtain restitution of lands or goods, or, if restitution
cannot be given, compensation in money, or where the claim arises out
of a contract, as for goods supplied to the crown or to the public
service. It does not extend to cases of tort. If the king personally
should commit or threaten to commit a tort, such, for example, as a
trespass, he could not be proceeded against in either a civil or a
criminal court; the ordinary law courts have no means of restraining or
punishing him personally or affording redress against him for any wrong
done by him personally. Not only does the maxim that "the king can do
no wrong" prevent any ordinary court from granting relief against the
king himself, but the courts have no jurisdiction against him in cases
of tort.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account