Case of Prohibitions
Encyclopedia
Case of Prohibitions [1607] EWHC J23 (KB) is a historical English court decision by Sir Edward Coke. Before the Glorious Revolution
of 1688, when the sovereignty of Parliament
was confirmed, this case wrestled supremacy from the King in favour of the courts.
, the Chief Justice of the Court of Common Pleas
, he overturned the decision of the King and held that cases must only be tried by those with legal training and must be subject to the rule of law
.
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
of 1688, when the sovereignty of Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
was confirmed, this case wrestled supremacy from the King in favour of the courts.
Judgments
When the case went before Edward CokeEdward Coke
Sir Edward Coke SL PC was an English barrister, judge and politician considered to be the greatest jurist of the Elizabethan and Jacobean eras. Born into a middle class family, Coke was educated at Trinity College, Cambridge before leaving to study at the Inner Temple, where he was called to the...
, the Chief Justice of the Court of Common Pleas
Court of Common Pleas (England)
The Court of Common Pleas, or Common Bench, was a common law court in the English legal system that covered "common pleas"; actions between subject and subject, which did not concern the king. Created in the late 12th to early 13th century after splitting from the Exchequer of Pleas, the Common...
, he overturned the decision of the King and held that cases must only be tried by those with legal training and must be subject to the rule of law
Rule of law
The rule of law, sometimes called supremacy of law, is a legal maxim that says that governmental decisions should be made by applying known principles or laws with minimal discretion in their application...
.