Entick v Carrington [1765]

Facts

  • The Secretary of State ordered 2 of the kings message to enter upon a citizen’s land and search for some documents

Issue

  • Could the Secretary of State issue such a search warrant

Decision

  • No

Reasoning

  • The executive may only act in a lawful manner, as set out statute or common law
RELATED CASE  R v Secretary of State for the Home Department, ex p Brind [1991]

Posted in Public Law Revision Notes.

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