Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Nevertheless, this ancient and fundamental maxim never meant that the
king was above the law or could violate the law with impunity, nor was
it ever understood in any such sense as that everything done by the
king was to be regarded as just and lawful. On the contrary, it was
fearlessly proclaimed in the days of Bracton that the king was below
the law and bound to obey it, and in his coronation oath he swears to
observe and respect it.
But whatever might have been the personal immunity of the king, it
had been settled at common law long prior to the adoption of the
Constitution of the United States that immunity from suit did not
extend to any officer or servant of the crown. The very exemption
of the king from responsibility before the courts in cases of tort
conclusively established the personal responsibility of some officer or
servant of the crown, and the direction or authority of the king did
not constitute any warrant or defense for a wrongful and illegal act
done by any officer or servant. As the Supreme Court said in the case
of Langford _vs._ United States: "The English maxim does not declare
that the government, or those who administer it, can do no wrong; for
it is a part of the principle itself that wrong may be done by the
governing power, for which the ministry, for the time being, is held
responsible."[33]
The boast of Englishmen for centuries had been that no officer of the
government was above the ordinary law. In his interesting lectures at
Oxford as a successor of Blackstone in the Vinerian professorship,
Professor Dicey says: "In England the idea of legal equality, or of the
universal subjection of all classes, to one law administered by the
ordinary courts, has been pushed to its utmost limit. With us every
official, from the prime minister down to a constable or a collector
of taxes, is under the same responsibility for every act done without
legal justification as any other citizen. The reports abound with
cases in which officials have been brought before the courts, and
made, in their personal capacity, liable to punishment, or to the
payment of damages, for acts done in their official character but in
excess of their lawful authority. A colonial governor, a secretary of
state, a military officer, and all subordinates, though carrying out
the commands of their official superiors, are as responsible for any
act which the law does not authorize as is any private and unofficial
person."[34] And Anson in his "Law and Custom of the Constitution"
points out that the English Constitution "has never recognized any
distinction between those citizens who are and those who are not
officers of the state in respect of the law which governs their conduct
or the jurisdiction which deals with them." In the famous case of
Entick _vs._ Carrington (1765), a secretary of state sought immunity
as an officer of the crown from a suit for damages by pleading reasons
of state for an unlawful act, but Lord Chief Justice Camden declared
Public-domain text, read in full here on John Shaqi.
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