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Encyclopedia > Petition of Right

In English law, a petition of right was a remedy available to subjects to recover property from the Crown.[1] English law is a formal term of art that describes the law for the time being in force in England and Wales. ... In English and American jurisprudence, there is a legal maxim that That is, the law will provide appropriate remedies to protect the right. ... This article refers to the Commonwealths concept of the monarchys legal authority. ...


Before the Crown Proceedings Act 1947, the British Crown could not be sued in contract. However, as it was seen to be desirable that Crown contractors could obtain redress, lest they be inhibited from taking on such work, the petition of right came to be used in such situations, especially after the Petitions of Right Act 1860 simplified the process. Before the petition could be heard by the courts, it had to be endorsed with the words fiat justitia on the advice of the Home Secretary and Attorney-General.[1] This latin phrase was normally translated as "Let right be done". The Crown Proceedings Act 1947 (1947 c. ... It has been suggested that civil trial be merged into this article or section. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... The Petitions of Right Act 1860 (23 & 24 Vict. ... Fiat justitia ruat caelum is a Latin legal phrase, translating to let justice be done, though the heavens fall. ... The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the United Kingdom Home Office and is responsible for internal affairs in England and Wales, and for immigration and citizenship for the whole United Kingdom (including Scotland and Northern Ireland). ... In most common law jurisdictions, the Attorney General or Attorney-General is the main legal adviser to the government, and in some jurisdictions may in addition have executive responsibility for law enforcement or responsibility for public prosecutions. ...


One of the most famous causes célèbres in English law, the Archer-Shee case, arose out of proceedings on a petition of right.[citation needed] Look up cause célèbre in Wiktionary, the free dictionary. ... George Archer-Shee with his father Martin, at around the time of the trial. ...


Section 1 of the Crown Proceedings Act 1947 allows claims for which a petition would previously have been demanded to be brought in the courts directly as against any other defendant. However, a petition and fiat still appear to be necessary for personal claims against the monarch.[1] For other uses, see Monarch (disambiguation). ...


References

  1. ^ a b c Bradley & Ewing (2003) 'pp770-771

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Bibliography

  • Bradley, A.W. & Ewing, K.D. (2003). Constitutional and Administrative Law, 13th ed., London: Longman. ISBN 0-582-43807-1. , pp770-771

  Results from FactBites:
 
Petition of Right - Wikipedia, the free encyclopedia (141 words)
The Petition of Right is a document produced by the English Parliament in the run-up to the English Civil War.
The petition had the support of Sir Edward Coke; John Pym claimed that the rights herein demanded predated even the Norman conquest and were confirmed by successive kings.
The King was under great financial pressure, and agreed in June to look into the "abuses", but maintained his prerogative rights.
Petition of Right, Sir Edward Coke (428 words)
Petition of Right was a document written in 1628 by Sir Edward Coke with the assistance of the English Parliament.
Charles did not like the Petition of Right, but he accepted it because he knew of no other way to persuade Parliament to vote the funds he had demanded.
The Petition of Right was presented to King Charles I by Sir Edward Coke.
  More results at FactBites »


 

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