Entick v Carrington
(1765) 19 St Tr 1029
Ratio Decidendi
The executive cannot interfere with the property or liberty of the individual unless authorised by law. A general warrant issued by the Secretary of State to search premises and seize papers was held to be unlawful.
Fakty
The Secretary of State issued a warrant authorising the King's messengers to enter the home of John Entick, a writer of political pamphlets, and seize his papers. The warrant was not issued by a court but by executive authority.
Podsumowanie orzeczenia
Lord Camden CJ held the warrant unlawful. No statutory or common law authority supported the power to issue general warrants. The state could not enter a person's property or seize their belongings without lawful authority. This case established the fundamental principle of the rule of law: the executive must act within the law.
Kluczowe cytaty
"If it is law, it will be found in our books. If it is not to be found there, it is not law."
— Lord Camden CJ
Późniejsze zastosowanie
A constitutional landmark cited in countless cases on the rule of law, individual liberty, and the limits of executive power.