Entick v Carrington: 250 Years of the Rule of Law

Entick v Carrington is a canonical English public law case from 1762, ruling that the warrant of a Secretary of State could not render lawful actions which were otherwise unlawful. It is a statement of the common law's commitment to the constitutional principle of the rule of law and has enduring importance.

\n Format: Paperback / softback
\n Length: 288 pages
\n Publication date: 28 December 2017
\n Publisher: Bloomsbury Publishing PLC
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Entick v Carrington is a seminal case in English public law, dating back to 1762. In that year, the Earl of Halifax, one of His Majesty's Principal Secretaries of State, dispatched Nathan Carrington and three other Kings messengers to John Entick's house in Stepney. Their mission was to seize Entick's papers, which were believed to contain seditious writings published in the Monitor. Unbeknownst to Entick, the messengers broke into his house, causing significant damage.

The reason behind this intrusive action was allegedly Entick's supposed involvement in writing seditious papers. Consequently, 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. However, Lord Camden, the judge in the case, ruled firmly in Entick's favor. He stated that the warrant of a Secretary of State could not render lawful actions that were otherwise unlawful.

Entick v Carrington is considered 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 250 years on. The case has also received recognition, winning the American Society for Legal History Sutherland Prize in 2016.

The significance of Entick v Carrington lies in its affirmation of the principle that individuals are entitled to protection against unwarranted government intrusion. It highlights the importance of the rule of law and the need for government actions to be based on clear legal authority. The case has had a lasting impact on the development of public law and has been cited numerous times in subsequent cases dealing with similar issues.

Furthermore, Entick v Carrington serves as a reminder of the dangers of censorship and the suppression of freedom of speech. The case highlights the importance of a free and independent press, as it provides a platform for individuals to express their opinions and challenge the authority of the government. It also emphasizes the need for governments to respect the rights of their citizens, even in times of perceived threat.

In conclusion, Entick v Carrington is a landmark case in English public law that has had a profound impact on the development of the rule of law. Its significance lies in its affirmation of individual rights, the importance of the press, and the need for governments to be held accountable for their actions. The case continues to be a valuable resource for legal scholars and practitioners, and its lessons are as relevant today as they were in the 18th century.

\n Weight: 432g\n
Dimension: 154 x 232 x 21 (mm)\n
ISBN-13: 9781509918324\n \n