Entick v Carrington

250 Years of the Rule of Law

Adam Tomkins (University of Glasgow, UK), Paul F Scott (University of Glasgow)

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English

Hart Publishing
28 December 2017

Legal history; Constitutional & administrative law; Case law

Series: Hart Studies in Comparative Public Law

Entick v Carrington is one of the canons of English public law and in 2015 it is 250 years old. In 1762 the Earl of Halifax, one of His Majesty’s Principal Secretaries of State, despatched Nathan Carrington and three other of the King’s messengers to John Entick’s house in Stepney. They broke into his house, seizing his papers and causing significant damage. Why? Because he was said to have written seditious papers published in the Monitor. Entick sued Carrington and the other messengers for trespass. The defendants argued that the Earl of Halifax had given them legal authority to act as they had. Lord Camden ruled firmly in Entick’s favour, holding that the warrant of a Secretary of State could not render lawful actions such as these which were otherwise unlawful.

The case is a canonical statement of the common law’s commitment to the constitutional principle of the rule of law. In this collection, leading public lawyers reflect on the history of the case, the enduring importance of the legal principles for which it stands, and the broader implications of Entick v Carrington 250 years on.

Winner of the American Society for Legal History Sutherland Prize 2016.

Edited by: Adam Tomkins (University of Glasgow UK), Paul F Scott (University of Glasgow)
Imprint: Hart Publishing
Country of Publication: United Kingdom
Weight: 404g
ISBN: 9781509918324
ISBN 10: 1509918329
Series: Hart Studies in Comparative Public Law
Pages: 288
Publication Date: 28 December 2017
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Paperback
Publisher's Status: Active

Introduction Adam Tomkins and Paul Scott 1. The Politics and People of Entick v Carrington David Feldman 2. Revisiting Entick v Carrington : Seditious Libel and State Security Laws in Eighteenth-Century England Tom Hickman 3. Entick and Carrington , the Propaganda Wars and Liberty of the Press Jacob Rowbottom 4. Was Entick v Carrington a Landmark? Timothy Endicott 5. Entick v Carrington and the Legal Protection of Property Paul Scott 6. The Authority of Entick v Carrington Adam Tomkins 7. Law, Liberty and Entick v Carrington Denis Baranger 8. Entick v Carrington in Scots Law Tom Mullen

Adam Tomkins is the John Millar Professor of Public Law at the University of Glasgow. Paul Scott is a Lecturer in Public Law at the University of Southampton.

Reviews for Entick v Carrington: 250 Years of the Rule of Law

For anyone with an interest in Rule of Law ideas, the addition – or even heightened prevalence – of Entick on the Rule of Law radar that follows from a review of the book is of real benefit. -- Paul Burgess * Jus Politicum * We are still living in the in the age of Entick v.Carrington. We are also grimly contemplating Lord Camden's parting observation: 'Tyranny is better than anarchy, and the worst government better than none at all'. -- Stephen Sedley * London Review of Books *