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Re Prohibitions del Roy (1607) 12 Co Rep 64

ResourcesRe Prohibitions del Roy (1607) 12 Co Rep 64

Facts

  • The matter concerned an attempt by the monarch to decide a legal dispute personally rather than allow the ordinary courts to determine it.
  • Chief Justice Sir Edward Coke addressed the question, emphasising that justice must be administered by judges trained in the law, operating within established procedures.
  • The ruling distinguished between the King’s natural person (susceptible to bias and error) and the enduring legal authority of the Crown, which is exercised through the courts.
  • The case is cited as Prohibitions del Roy (1607) 12 Co Rep 64 and 77 ER 1342.

Issues

  1. Whether the King could personally adjudicate legal disputes instead of leaving them to the common-law courts.
  2. Whether royal prerogative included a judicial power distinct from that vested in the judiciary.

Decision

  • The court held that the King has no authority to determine cases in person; judicial decisions must be rendered by the courts.
  • While the King is the fountain of justice, that authority is exercised exclusively through institutions staffed by learned judges.
  • Law is a “science” requiring study and practice; natural wisdom, even that of a monarch, is insufficient for its correct application.
  • By limiting direct royal intervention, the judgment entrenched the independence of the judiciary and curtailed arbitrary executive power.
  • Separation of powers: executive authority cannot usurp the judicial function.
  • Rule of law: legal disputes must be resolved according to settled procedures and precedent, not personal command.
  • Doctrine of the King’s two bodies: the impermanent natural body may err, but the timeless legal body acts only through lawful courts.
  • Judicial independence: only judges trained in the law may interpret and apply it, ensuring fairness and consistency.

Conclusion

Prohibitions del Roy affirmed that the monarch cannot personally adjudicate legal disputes; the courts alone possess judicial authority. By articulating the King’s two bodies and insisting that law is applied by learned judges, the case laid a foundational stone for judicial independence and the modern separation of powers.

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Expliquer en français
Explicar en español
Объяснить на русском
شرح بالعربية
用中文解释
हिंदी में समझाएं
Give me a quick summary
Break this down step by step
What are the key points?
Study companion mode
Homework helper mode
Loyal friend mode
Academic mentor mode

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