“King cannot create or change law by proclamation without Parliament”
King James I attempted to use royal proclamations to create new offences and impose penalties without parliamentary authority. The case arose from a challenge to the King's claim that he could make law through proclamation in matters not previously determined by common law or statute.
Whether the King has power by his proclamation to create any offence which was not an offence before, and to impose punishment where none was imposed by law previously.
The King cannot by his proclamation create any offence which was not an offence before, nor can he change any part of the common law or statute law by proclamation.
This case established a fundamental principle of constitutional law limiting royal power and affirming parliamentary supremacy. It remains a cornerstone of the rule of law and separation of powers in the UK constitution.
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OSCOLA Citation
Case of Proclamations (1611) 12 Co Rep 74
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