The Law of Prohibition at Common Law and Under the Justices Acts
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| Stand: | 2015-08-04 03:50:33 |
Produktbeschreibung
Excerpt from The Law of Prohibition at Common Law and Under the Justices Acts: Founded on the Decisions of the Courts of England and Ireland, of the High Court of Australia, the Supreme Courts of New South Wales, Queensland, South Australia, Tasmania, Victoria and Western Australia, and the Supreme Court and Court of Appeal of the D Unlawful aggression is never so dangerous as when it takes place under colour of judicial process; hence it has been the care of the law to provide various remedies to check the exercise by Courts of powers which do not appertain to them. The most widely known remedy to restrain this evil is, perhaps, the writ of habeas corpus, which operates to deliver out of custody a person illegally detained. But this remedy cannot be called in aid until after the evil has been committed and the unlawful detention has been actually undergone. The writ of prohibition, on the other hand, is less appreciated by reason of its very efficacy. For while the writ of habeas corpus goes to remedy a wrong already done, prohibition operates to restrain the aggressor before the intended mischief is carried into effect. The necessity for such a remedy was perceived at least as early as the third year of Edward I., when "a prohibition was granted and after an attachment against the bishop and the official for holding plea after the prohibition": 3 E. 1. Rot. Clausarum, M. 10. In later times, owing perhaps to the jealousy with which the encroachments of the Spiritual Courts were regarded, the writ was employed with such frequency as to lead in the reign of James I. to the remonstrance of the clergy, known as Articuli Cleri, a remonstrance that proved ineffectual. About the Publisher Forgotten Books publishes hundreds of thousands of rare and classic books. Find more at www.forgottenbooks.com This book is a reproduction of an important historical work. Forgotten Books uses state-of-the-art technology to digitally reconstruct the work, preserving the original format whilst repairing imperfections present in the aged copy. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in our edition. We do, however, repair the vast majority of imperfections successfully; any imperfections that remain are intentionally left to preserve the state of such historical works.
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