Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
that "with respect to the argument of state necessity or a distinction
that has been aimed at between state offences and others, the common
law does not understand that kind of reasoning, nor do our books take
notice of any such distinctions."[35] And one hundred years later,
in the case of Feather _vs._ The Queen, Lord Chief Justice Cockburn
declared that "no authority is needed to establish that a servant of
the crown is responsible in law for a tortious act done to a fellow
subject, though done by the authority of the crown, a position which
appears to us to rest on principles which are too well settled to
admit of question, and which are alike essential to uphold the dignity
of the crown on the one hand, and the rights and liberties of the
subject on the other."[36]
Moreover, the rule of _respondeat superior_ does not apply to the
king. The conclusive legal presumption is that the king can do no
legal wrong, and this leads to the further conclusive presumption
that, in the eye of the law, he cannot authorize or direct a wrong.
Every executive officer of the crown is, therefore, treated as if he
were a principal, and as such is held personally responsible whenever
any legal right of the subject has been invaded by him, although he
may have acted under the direct order of the king, by his command
and even in his presence. The civil irresponsibility of the king for
tortious acts could not have been maintained with any show of justice
if the officers and agents of the crown had not been held personally
responsible for any illegal acts committed by them, and if the king had
not been compelled to act through responsible agents. From the earliest
times it has been deemed essential that the king should always act
through an officer or servant, in order that there might be some one
upon whom responsibility could be fastened. Lord Coke declares in his
"Institutes" that "the king, being a body politique, cannot command
but by matter of record." Custom and statute early required that all
executive acts to which the sovereign was of necessity a party should
be done in certain forms and authenticated by the signature or seal
of some officer. The intervention of an officer was always necessary.
In fact, some minister or officer of the crown can be held fully
responsible for any illegal act. Anson states that "there is hardly
anything which the sovereign can do without the intervention of written
forms, and nothing for which a minister is not responsible."
Public-domain text, read in full here on John Shaqi.
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