Foundations of English administrative law : certiorari and mandamus in the seventeenth century

"Supposing that an Englishman felt himself hurt by the illegal action of a government official, what could he do? Could he challenge the official action in court with a view to stopping it or obtaining redress for his wrong? Could this be done promptly and easily? In the years 1600-1750, two new legal remedies - new modes of proceeding in the courts - were developed which gave the aggrieved subject quicker and easier relief from illegal action by officials", Miss Henderson writes. These two new remedies, the writs of mandamus and certiorari, are the basis for modern Anglo-American administrative law. Miss Henderson traces the development of mandamus and certiorari in England in the seventeenth and early eighteenth centuries. She gives us first a picture of the structure of local government, both in country and town, pointing out the areas where injustice might occur because of the citizen's inability to hold the local officials accountable. She describes in detail the development of the doctrine of limited judicial review, which was partly implicit in the older remedy of prohibition and common-law suits, and was made explicit in the new remedies of mandamus and certiorari. PREFACE CONTENTS INTRODUCTION I. SUBJECT AND LOCAL OFFICIAL IN ELIZABETHAN ENGLAND II. MANDAMUS: ORIGINS III. CERTIORARI: ORIGINS IV. JURISDICTION AND LEGALITY: THE WRITS OF PROHIBITION AND MANDAMUS V. JURISDICTION AND LEGALITY: CERTIORARI Appendix A. THE CONTROLMENT ROLLS Appendix B. WRITS OF RESTITUTION BEFORE JAMES BAGGE Appendix C. CERTIORARI AND KINDRED WRITS Appendix D. COMMINS VERS SIR WILLIAM MASSUM Appendix E. THE POWTE’S COMPLAINT: A “LIBELLOUS SONG” ON THE DRAINING OF THE GREAT LEVEL BIBLIOGRAPHY CASES CITED STATUTES CITED INDEX