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EWHC J23 (KB)
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EWHC J23 (KB)
is a UK constitutional law case decided by Sir Edward Coke. Before the Glorious Revolution of 1688, when the Parliamentary sovereignty in the United Kingdom, sovereignty of Parliament was confirmed, this case wrested supremacy from the King in favour of the courts.

Facts

King

James I James I may refer to: People *James I of Aragon (1208–1276) *James I of Sicily or James II of Aragon (1267–1327) *James I, Count of La Marche (1319–1362), Count of Ponthieu *James I, Count of Urgell (1321–1347) *James I of Cyprus (1334–13 ...

placed himself in the position of judge for a dispute, a "controversy of land between parties was heard by the King, and sentence given".

Judgments

When the case went before

Edward Coke Edward is an English given name. It is derived from the Anglo-Saxon name ''Ēadweard'', composed of the elements '' ēad'' "wealth, fortune; prosperous" and '' weard'' "guardian, protector”. History The name Edward was very popular in Anglo-Sax ...

, the Chief Justice of the

Court of Common Pleas A court of common pleas is a common kind of court structure found in various common law jurisdictions. The form originated with the Court of Common Pleas at Westminster, which was created to permit individuals to press civil grievances against one ...

, he overturned the decision of the King, and held that cases may be tried only by those with legal training and subject to the

rule of law The rule of law is the political philosophy that all citizens and institutions within a country, state, or community are accountable to the same laws, including lawmakers and leaders. The rule of law is defined in the ''Encyclopedia Britannic ...

. Coke stated that common law cases were "not to be decided by natural reason but by artificial reason and judgment of law, which law is an art which requires long study and experience": In another report, Coke is quoted as saying all causes were "to be measured by the golden and straight met-wand of the law, and not to the incertain and crooked cord of discretion". Institutes of the Lawes of England, volume 4, page 41

Notes

References

{{reflist

Sources

* Owen Hood Phillips, ''Leading Cases in Constitutional Law'' (Sweet & Maxwell, London, 1957) Ch. 13, pp 46–47

External links