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Entick v Carrington - 250 Years of the Rule of Law (Hardcover)
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Entick v Carrington - 250 Years of the Rule of Law (Hardcover)
Series: Hart Studies in Comparative Public Law
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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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