Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty’s Principal Secretaries of State, despatched Nathan Carrington and three other of the King’s messengers to John Entick’s house in Stepney. They broke into his house, seizing his papers and causing significant damage. Why? Because he was said to have written seditious papers published in the Monitor. Entick sued Carrington and the other messengers for trespass. The defendants argued that the Earl of Halifax had given them legal authority to act as they had. Lord Camden ruled firmly in Entick’s favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful. The case is a canonical statement of the common law’s commitment to the constitutional principle of the rule of law. In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on. Winner of the American Society for Legal History Sutherland Prize 2016.
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Introduction Adam Tomkins and Paul Scott 1. The Politics and People of Entick v Carrington David Feldman 2. Revisiting Entick v Carrington : Seditious Libel and State Security Laws in Eighteenth-Century England Tom Hickman 3. Entick and Carrington , the Propaganda Wars and Liberty of the Press Jacob Rowbottom 4. Was Entick v Carrington a Landmark? Timothy Endicott 5. Entick v Carrington and the Legal Protection of Property Paul Scott 6. The Authority of Entick v Carrington Adam Tomkins 7. Law, Liberty and Entick v Carrington Denis Baranger 8. Entick v Carrington in Scots Law Tom Mullen
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For anyone with an interest in Rule of Law ideas, the addition – or even heightened prevalence – of Entick on the Rule of Law radar that follows from a review of the book is of real benefit.
Now available in paperback.
A venue for works exploring the full range of modern scholarship in comparative public law. The series is catholic in coverage, embracing topics as diverse as constitutional design and reform, judicial reasoning in constitutional law, Bills of Rights, international administrative law and justice, and comparative constitutionalism. The series welcomes work by legal scholars and embraces a wide understanding of comparative public law scholarship in the pursuit of a better understanding of the world's diverse public law traditions.
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Produktdetaljer

ISBN
9781509918324
Publisert
2017-12-28
Utgiver
Vendor
Hart Publishing
Vekt
404 gr
Aldersnivå
P, U, 06, 05
Språk
Product language
Engelsk
Format
Product format
Heftet
Antall sider
288

Biographical note

Adam Tomkins is the John Millar Professor of Public Law at the University of Glasgow. Paul Scott is a Lecturer in Public Law at the University of Southampton.