Saturday, March 26, 2011

Administrative law- a guide to your exams

John of Salisbury- Goverment is limited by the Jus Naturale and that both the Prince and the Judge are limited by this standard. John stated "The Prince may not lawfully have any will of his own apart from that which the law or equity  enjoins, or the calculation of the common interests requires."

The above  statement of John were the seeds that were planted  which eventually gave birth to the idea of  a Constitutional Monarchy.

Bracton- Judge of Kings Bench -Henry III- - The King himself ought not to be subject to man, but subject to God and the law, for the law makes the King. Let then the King attribute to the law what the law attributes to him namely, dominion  &  power.

Sir Edward Coke- All authority was derived from law and was therefore, limited by  laws..
Explanation- law  can restricted by other laws. 
The King has no prerogative but that which the law of the land allows.- issues relating to Conventions & Constitutional Monarchy)

( For example- a minor arrested  in Malaysia under any security laws- laws relating to Minority will be suspended and the Security Regulations in force will takeover)

Dr. Bonhams case- Court of  Common Pleas- Sir Edward Coke- " And it appears in our books, that in many cases, the common law will control Acts of Parliament, and sometimes adjudge them to be utterly void;for when an AOP is against common right and reason, or impossible to be   performed , the common law will control it and adjudge such act to be void."

If there is an exam question  which as some reference to "current issues" like the M.E crisis- the above can be quoted as part of you answer.But this is an aspect of Natural Law and is opposed to Legal Positivism.( will be explained in class  this week)

The American Civil Wars was primarily a lawyers revolution.Natural law was their chief weapon in their argument against Supremacy of Parliament.

Abraham Lincoln  used the principles of natural law to end slavery in America. Northern leaders argued that slavery was condoned in the Bible so it was okay to keep slaves. Abraham Lincoln felt that times have changed and  this triggered off the  proposition of  civil rights and liberties to all  on American soil and this included the slaves.

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