Contempt of the sovereign
Encyclopedia
Contempt of the Sovereign (also called contempt of statute) was an ancient doctrine in English law
dating from medieval times, and now obsolete. It referred to the notion that if somebody disobeyed an Act of Parliament
, but the Act did not say what the penalty was or how the Act was to be enforced, then that person was guilty of a criminal offence under common law
(although the crime itself was not called contempt). This doctrine was based on the idea that an Act of Parliament was an expression of the Sovereign's will, enacted with the "advice and consent" of Parliament. In modern legislation and jurisprudence it has become the rule that contravening a statute is not a crime unless the statute expressly says so in clear terms, and so the doctrine has long since lapsed. However the law does still exist, and the last time it was used was in 1840.
Contempt of the Sovereign is not to be confused with lèse majesté
.
English law
English law is the legal system of England and Wales, and is the basis of common law legal systems used in most Commonwealth countries and the United States except Louisiana...
dating from medieval times, and now obsolete. It referred to the notion that if somebody disobeyed an Act of Parliament
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
, but the Act did not say what the penalty was or how the Act was to be enforced, then that person was guilty of a criminal offence under common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
(although the crime itself was not called contempt). This doctrine was based on the idea that an Act of Parliament was an expression of the Sovereign's will, enacted with the "advice and consent" of Parliament. In modern legislation and jurisprudence it has become the rule that contravening a statute is not a crime unless the statute expressly says so in clear terms, and so the doctrine has long since lapsed. However the law does still exist, and the last time it was used was in 1840.
Contempt of the Sovereign is not to be confused with lèse majesté
Lèse majesté
Lese-majesty is the crime of violating majesty, an offence against the dignity of a reigning sovereign or against a state.This behavior was first classified as a criminal offence against the dignity of the Roman republic in Ancient Rome...
.