Quo warranto
Encyclopedia
Quo warranto is a prerogative writ
requiring the person to whom it is directed to show what authority they have for exercising some right or power (or "franchise
") they claim to hold.
to investigate and recover royal lands, rights, and franchises in England
, in particular those lost during the reign of his father, King Henry III of England. From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England
to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189. Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king
had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").
The most famous historical instance of quo warranto was the action taken against the Corporation of London
by Charles II
in 1683. The King's Bench
adjudged the charter and franchises of the city of London to be forfeited to the Crown though this judgment was reversed by the London, Quo Warranto Judgment Reversed Act 1689
shortly after the Glorious Revolution
.
today, quo warranto usually arises in a civil
case as a plaintiff
's claim (and thus a "cause of action
" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires
) those authorized by statute or by the corporation's charter.
In some jurisdictions which have enacted judicial review
statutes, such as Queensland
(Australia), the prerogative writ of quo warranto has been abolished.
Prerogative writ
Prerogative writs are a class of writs which originate from English law. Originally they were available only to the Crown, but later they were made available to the monarch's subjects through the courts.The prerogative writs are:*certiorari...
requiring the person to whom it is directed to show what authority they have for exercising some right or power (or "franchise
Exclusive right
In Anglo-Saxon law, an exclusive right is a de facto, non-tangible prerogative existing in law to perform an action or acquire a benefit and to permit or deny others the right to perform the same action or to acquire the same benefit. A "prerogative" is in effect an exclusive right...
") they claim to hold.
History
Quo warranto had its origins in an attempt by King Edward I of EnglandEdward I of England
Edward I , also known as Edward Longshanks and the Hammer of the Scots, was King of England from 1272 to 1307. The first son of Henry III, Edward was involved early in the political intrigues of his father's reign, which included an outright rebellion by the English barons...
to investigate and recover royal lands, rights, and franchises in England
England
England is a country that is part of the United Kingdom. It shares land borders with Scotland to the north and Wales to the west; the Irish Sea is to the north west, the Celtic Sea to the south west, with the North Sea to the east and the English Channel to the south separating it from continental...
, in particular those lost during the reign of his father, King Henry III of England. From 1278 to 1294, Edward dispatched justices throughout the Kingdom of England
Kingdom of England
The Kingdom of England was, from 927 to 1707, a sovereign state to the northwest of continental Europe. At its height, the Kingdom of England spanned the southern two-thirds of the island of Great Britain and several smaller outlying islands; what today comprises the legal jurisdiction of England...
to inquire “by what warrant” English lords held their lands and exercised their jurisdictions (often the right to hold a court and collect its profits). Initially, the justices demanded written proof in the form of charters, but resistance and the unrecorded nature of many grants forced Edward to accept those rights peacefully exercised since 1189. Later, quo warranto functioned as a court order (or "writ") to show proof of authority; for example, demanding that someone acting as the sheriff prove that the king
Monarch
A monarch is the person who heads a monarchy. This is a form of government in which a state or polity is ruled or controlled by an individual who typically inherits the throne by birth and occasionally rules for life or until abdication...
had actually appointed him to that office (literally, "By whose warrant are you the sheriff?").
The most famous historical instance of quo warranto was the action taken against the Corporation of London
Corporation of London
The City of London Corporation is the municipal governing body of the City of London. It exercises control only over the City , and not over Greater London...
by Charles II
Charles II of England
Charles II was monarch of the three kingdoms of England, Scotland, and Ireland.Charles II's father, King Charles I, was executed at Whitehall on 30 January 1649, at the climax of the English Civil War...
in 1683. The King's Bench
King's Bench
The Queen's Bench is the superior court in a number of jurisdictions within some of the Commonwealth realms...
adjudged the charter and franchises of the city of London to be forfeited to the Crown though this judgment was reversed by the London, Quo Warranto Judgment Reversed Act 1689
London, Quo Warranto Judgment Reversed Act 1689
London, Quo Warranto Judgment Reversed Act 1689 is an Act of the Parliament of England , the long title of which is "An Act for Reversing the Judgment in a Quo Warranto against the City of London and for Restoreing the City of London to its antient Rights and Privileges"...
shortly after the Glorious Revolution
Glorious Revolution
The Glorious Revolution, also called the Revolution of 1688, is the overthrow of King James II of England by a union of English Parliamentarians with the Dutch stadtholder William III of Orange-Nassau...
.
Quo warranto today
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
today, quo warranto usually arises in a civil
Civil law (common law)
Civil law, as opposed to criminal law, is the branch of law dealing with disputes between individuals or organizations, in which compensation may be awarded to the victim...
case as a plaintiff
Plaintiff
A plaintiff , also known as a claimant or complainant, is the term used in some jurisdictions for the party who initiates a lawsuit before a court...
's claim (and thus a "cause of action
Cause of action
In the law, a cause of action is a set of facts sufficient to justify a right to sue to obtain money, property, or the enforcement of a right against another party. The term also refers to the legal theory upon which a plaintiff brings suit...
" instead of a writ) that some governmental or corporate official was not validly elected to that office or is wrongfully exercising powers beyond (or ultra vires
Ultra vires
Ultra vires is a Latin phrase meaning literally "beyond the powers", although its standard legal translation and substitute is "beyond power". If an act requires legal authority and it is done with such authority, it is...
) those authorized by statute or by the corporation's charter.
In some jurisdictions which have enacted judicial review
Judicial review
Judicial review is the doctrine under which legislative and executive actions are subject to review by the judiciary. Specific courts with judicial review power must annul the acts of the state when it finds them incompatible with a higher authority...
statutes, such as Queensland
Queensland
Queensland is a state of Australia, occupying the north-eastern section of the mainland continent. It is bordered by the Northern Territory, South Australia and New South Wales to the west, south-west and south respectively. To the east, Queensland is bordered by the Coral Sea and Pacific Ocean...
(Australia), the prerogative writ of quo warranto has been abolished.