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
Although the cases in England against officers of the crown were
generally at law, there can be no reasonable doubt that the Court of
Chancery, at the time when our Constitution was adopted, had full
power, by means of the writ of injunction, to restrain an officer of
the crown from violating the law where the remedy at law in a suit for
damages or for possession of property, real or personal, would have
been wholly inadequate and ineffective. The great state trial, known as
the case of the Bankers,[37] in which Lord Somers was overruled by the
House of Lords, left no doubt as to the principle and the jurisdiction
of the courts in suits against crown officers. As Professor Goodnow
has shown in his work on "Comparative Administrative Law," the English
courts had long been accustomed in one way or another to control
servants of the crown and executive officers of the government and to
compel them to obey the law. All the great writs, which were at first
prerogative writs, had been originally issued to control administrative
or judicial officers. Such was the original function of mandamus,
habeas corpus, quo warranto, prohibition. Injunctions, it is true, seem
rarely to have been made use of in England as a means of preventing
administrative action, and only a few cases can be found where they
were so used, but, on settled principles, any administrative or
executive officer threatening to do an illegal act which would injure
the individual in his property rights was amenable to the jurisdiction
of courts of equity in controversies requiring their intervention.
It is also true that no cases are to be found in England where
officers have been held responsible in damages for enforcing an act
of parliament or have been restrained from carrying its provisions
into effect, but this, of course, is the result of the legislative
sovereignty of parliament and of the fact that there are no
constitutional limitations imposed upon it. Nevertheless, the same
principles which make government officers in England subject to
the ordinary law and the ordinary courts for any illegal act done
or threatened would clearly authorize the issuance of injunctions
restraining the enforcement of an unconstitutional statute if there
were any constitutional limitations upon the legislative power of
the English parliament. Thus, for example, a colonial statute, or a
municipal or administrative rule, by-law, or ordinance in conflict with
an act of parliament would be illegal and void, and, within settled
principles, its enforcement could be restrained if other grounds of
equity jurisdiction existed.
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