World Library  
Flag as Inappropriate
Email this Article

Quo warranto

Article Id: WHEBN0000158890
Reproduction Date:

Title: Quo warranto  
Author: World Heritage Encyclopedia
Language: English
Subject: Habeas corpus, Edward I of England, County Palatine of Durham, Administrative law, Prerogative writ
Collection: 1290 in England, Edward I of England, Latin Legal Terms, Prerogative Writs
Publisher: World Heritage Encyclopedia
Publication
Date:
 

Quo warranto

Quo warranto (Medieval Latin for "by what warrant?") is a prerogative writ requiring the person to whom it is directed to show what authority they have for exercising some right or power (or "franchise") they claim to hold.

Contents

  • History 1
  • Publication 2
  • Quo warranto today 3
  • See also 4
  • References 5
  • Bibliography 6
  • External links 7

History

Quo warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England,[1] in particular those lost during the reign of his father, King Henry III of England.[2][3] From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often including the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189.[1][4] Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").

The most famous historical instance of quo warranto was the action taken against the Corporation of London by Charles II in 1683.[5] The King's Bench adjudged the charter and franchises of the city of London to be forfeited to the Crown, though this judgment was reversed by the London, Quo Warranto Judgment Reversed Act 1689 shortly after the Glorious Revolution.

Publication

The Quo warranto pleas from the reigns of Edward I, Edward II and Edward III were published by the Record Commission in 1818.

Quo warranto today

In the United States today, quo warranto usually arises in a civil case as a plaintiff's claim (and thus a "cause of action" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires) those authorized by statute or by the corporation's charter.

In some jurisdictions that have enacted judicial review statutes, the prerogative writ of quo warranto has been abolished. This includes Queensland [6] and New South Wales (Australia) [7]

See also

References

  1. ^ a b Clanchy From Memory to Written Record p. 3
  2. ^ Harris, Nicholas;  
  3. ^ Carpenter, David A. (1996). The reign of Henry III. p. 88.  
  4. ^ Clanchy From Memory to Written Record p. 152
  5. ^ Shortt, John (1888), Informations (criminal and quo warranto) mandamus and prohibition, American law series, C. H. Edson and company, p. 137 .
  6. ^ Sn 42 Abolition of quo warranto, Judicial Review Act 1991, Queensland Consolidated Acts
  7. ^ Sn 12 Quo Warranto Supreme Court Act 1970, New South Wales Consolidated Acts

Bibliography

  • Clanchy, M. T. (1993). From Memory to Written Record: England 1066–1307 (Second ed.). Malden, MA: Blackwell Publishing.  
  • Michael Prestwich, Edward I (London: Methuen, 1988, updated edition Yale University Press, 1997 ISBN 0-300-07209-0)
  • Michael Prestwich, The Three Edwards: War and State in England 1272–1377 (London: Weidenfeld & Nicolson, 1980, reprinted Routledge 1996) ISBN 0-415-05133-9
  • Donald W. Sutherland, Quo Warranto Proceedings in the Reign of Edward I, 1278–1294 (Oxford; Clarendon Press, 1963)

External links

  • Missouri Bar Extraordinary Remedies
  •  
This article was sourced from Creative Commons Attribution-ShareAlike License; additional terms may apply. World Heritage Encyclopedia content is assembled from numerous content providers, Open Access Publishing, and in compliance with The Fair Access to Science and Technology Research Act (FASTR), Wikimedia Foundation, Inc., Public Library of Science, The Encyclopedia of Life, Open Book Publishers (OBP), PubMed, U.S. National Library of Medicine, National Center for Biotechnology Information, U.S. National Library of Medicine, National Institutes of Health (NIH), U.S. Department of Health & Human Services, and USA.gov, which sources content from all federal, state, local, tribal, and territorial government publication portals (.gov, .mil, .edu). Funding for USA.gov and content contributors is made possible from the U.S. Congress, E-Government Act of 2002.
 
Crowd sourced content that is contributed to World Heritage Encyclopedia is peer reviewed and edited by our editorial staff to ensure quality scholarly research articles.
 
By using this site, you agree to the Terms of Use and Privacy Policy. World Heritage Encyclopedia™ is a registered trademark of the World Public Library Association, a non-profit organization.
 



Copyright © World Library Foundation. All rights reserved. eBooks from Hawaii eBook Library are sponsored by the World Library Foundation,
a 501c(4) Member's Support Non-Profit Organization, and is NOT affiliated with any governmental agency or department.