petition of right

Information about petition of right

This article is about the pre-1948 contractual remedy against the Crown. For the 1628 Act of Parliament that forms part of the constitutional prelude to the English Civil War, see: Petition of Right.


In English law, a petition of right was a remedy available to subjects to recover property from the Crown.[1]

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".

One of the most famous causes célèbres in English law, the Archer-Shee case, arose out of proceedings on a petition of right.

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]

References

1. ^ Bradley & Ewing (2003) 'pp''770-771

Bibliography

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


This article is about the constitutional prelude to the English Civil War. For the pre-1947 contractual remedy against the Crown, see: petition of right.


The Petition of Right 1627 was produced by the English Parliament in the run-up to the English Civil War. It was addressed to Charles I of England in 1628 but is dated 1627 because it retroactively came into force from the start of the 1627 session of Parliament. In enacting the Petition, Parliament attempted to seek redress on the following points: The petition had the support of Sir Edward Coke; John Pym claimed that the rights 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.

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The English Civil War consisted of a series of armed conflicts and political machinations that took place between Parliamentarians (known as Roundheads) and Royalists (known as Cavaliers) between 1642 and 1651.
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English law, the legal system of England and Wales, is the basis of common law legal systems throughout the world (as opposed to civil law or pluralist systems in other countries, such as Scots law).
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A legal remedy is the means by which a court of law, usually in the exercise of civil law jurisdiction, enforces a right, imposes a penalty, or makes some other court order to impose its will. In Commonwealth common law jurisdictions and related jurisdictions (e.g.
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The Crown is an abstract metonymic concept which represents the legal authority for the existence of any government. It evolved naturally as a separation of the literal crown and property of the nation-state from the person and personal property of the monarch.
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"God and my right"
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Fiat justitia ruat caelum is a Latin legal phrase, translating to "let justice be done, though the heavens fall." The maxim signifies the belief that justice must be realized regardless of consequences.
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A cause célèbre (plural causes célèbres) is an issue or incident arousing widespread controversy, outside campaigning and/or heated public debate. It is particularly used for famous long-running legal cases. It is a French phrase in common usage in English.
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George Archer-Shee (May 6, 1895 РOctober 31, 1914) became a British cause c̩l̬bre in 1910 when the issue of whether he stole a five shilling postal order ended up being decided in the High Court.

Archer-Shee had become a cadet at Osborne Naval College in January 1908.
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monarch (see sovereignty) is a type of ruler or head of state. Monarchs almost always inherit their titles and are rulers for life; that is, they have no term limit. Historically monarchs have been more or less absolute rulers.
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The English Civil War consisted of a series of armed conflicts and political machinations that took place between Parliamentarians (known as Roundheads) and Royalists (known as Cavaliers) between 1642 and 1651.
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Parliament of England was the legislature of the Kingdom of England. Its roots can be traced back to the early medieval period. In a series of developments, it came increasingly to constrain the power of the monarch, and went on after the Act of Union 1707 to form the main basis of
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The English Civil War consisted of a series of armed conflicts and political machinations that took place between Parliamentarians (known as Roundheads) and Royalists (known as Cavaliers) between 1642 and 1651.
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Charles I (19 November 1600 – 30 January 1649) was King of England, King of Scotland and King of Ireland from 27 March 1625 until his execution in 1649.

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In common law countries, habeas corpus (/ˈheɪbiəs ˈkɔɹpəs/) (Latin: [We command] that you have the body) [1]
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Sir Edward Coke (pronounced "cook") (1 February 1552 – 3 September 1634), was an early English colonial entrepreneur and jurist whose writings on the English common law were the definitive legal texts for some 300 years.
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John Pym (1584 – December 8, 1643) was an English parliamentarian, leader of the Long Parliament and a prominent critic of James I and then Charles I.

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Norman conquest of England began in 1066 with the invasion of the Kingdom of England by William the Conqueror (Duke of Normandy), and his success at the Battle of Hastings resulted in Norman control of England.
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