English Administrative Law from 1550: Continuity and Change
Paul Craig
Published:
2024
Online ISBN:
9780198908357
Print ISBN:
9780198908326
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English Administrative Law from 1550: Continuity and Change
Paul Craig
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Paul Craig
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609–634
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Published:
May 2024
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Craig, Paul, 'Injunction, Declaration, Quo Warranto, and Habeas Corpus', English Administrative Law from 1550: Continuity and Change, Oxford Legal History (
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Abstract
The focus now shifts to four other important remedies: injunction, declaration, quo warranto, and habeas corpus. The first two were general remedies, and the latter two were more specific, since they targeted particular wrongs. The injunction is the most under-appreciated of public law remedies. It was the remedy of choice for many who sought to prevent wrongdoing. The declaration only became a significant public law remedy at the beginning of the 20th century because of resistance from the courts. The information in the nature of quo warranto was an important remedy used to secure an office and was forged by an admixture of judicial and legislative initiative. Habeas corpus is in some respects the most famous and also the most complex when viewed from a historical perspective. The final section of the chapter considers continuity and change in the remedial architecture in the 20th to 21st centuries.
Keywords: injunction, declaration, quo warranto, habeas corpus, prerogative writs
Subject
History of Law
Collection: Oxford Scholarship Online
English Administrative Law from 1550: Continuity and Change. Paul Craig, Oxford University Press. © Paul Craig 2024. DOI: 10.1093/oso/9780198908326.003.0020
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