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"If it is law, it will be found in our books. If it not be found there, it is not law."

Camden LJ

Constitutional Law

  • Limits the power of the executive
  • Looks at whether a custom becomes law

Legal Principles

  • Whether a civil servant has the right to issue a warrant
  • Of what status is a Kings messenger ( Do they amount to an officer?)
  • Whether a civil servant delegate his duties

Rule of Law

Entick v Carrington

(1765) 19 St Tr 1030

Camden LJ appears to believe in the rule of law. He rejects the arguments that Lord Halifax can create a warrant due to his position and declares if this right can't be found in statue or precedent no right exists. He refuses to allow a man to make the law because he has power.

It is clear Camden LJ feels the purpose of the rule of law is to protect the individual:

"...we can safely say there is no law in the country to justify the defendants in what they have done; if there was, it would destroy all the comforts of society; for papers are often the dearest property a man can have." Camden LJ

Facts

Facts: On the 11th November 1762 Carrington and three other men of the Kings Messengers broke into John Enticks house believing themselves to be under the warrant of the Secretary of state, Lord Halifax. They caused damage to his house and stole private papers. They then took Entick and his papers to Lovel Stanhope, Halifax's law clerk.

Carrington and the three other Kings Messengers were sued by Entick for trespass.

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