Talk:Quo warranto
From Wikipedia, the free encyclopedia
 |
This article is within the scope of WikiProject Law, an attempt at providing a comprehensive, standardised, pan-jurisdictional and up-to-date resource for the legal field and the subjects encompassed by it. | |
| ??? | This article has not yet received a quality rating on the assessment scale. | |
| ??? | This article has not yet received an importance assessment on the assessment scale. | |
This would be the legal equivalent then to the childish retort, "Who died and made you boss/king?", would it not?
Is this really Latin or pseudo-Latin? The "w" is is a Middle ages innovation, isn't it? Jorge Stolfi 14:38, 26 Mar 2004 (UTC)
"Quo Warranto" is real Latin, not pseudo-Latin (i.e., it is not a made up or fake phrase or language). Medieval Latin is the accepted scholarly identification for the language (if one wants to be picky and distinguish it from Classical Latin), so I have changed the entry to reflect this.Ibnsanjil 14:01, 20 October 2006 (UTC)ibnsanjil
Later, I added material on the origins of Quo Warranto under King Edward I (and reworked the original statement into my edit), and added two basic references on the subject. If I have time, I will come back and finish off the medieval English usage post- Edward I, but others should feel free to add that in. And, possibly divide the material into sections - medieval and modern uses? Ibnsanjil 132.170.50.207 17:50, 20 October 2006 (UTC)ibnsanjil
[edit] Unsourced and dubious
With U.S. independence sovereignty passed from the monarch to the people, and with it the right and authority of every individual to seek the prerogative writs, such as quo warranto and habeas corpus, "in the name of the people", for oneself or any other. It is called "prerogative" because a court of competent jurisdiction has no discretion whether to issue them, only to set the response for a hearing, usually within 3-20 days, to hear, ahead of all other cases on its docket, the proof of the respondent that he has authority, and to support the respondent if he provides sufficient proof. By the ancient standard of due process, if the court failed to conduct the hearing, the writ would issue by default without further notice, and could be enforced by any persons as militia.
In the New York Ratification Convention, amendments were proposed to the new Constitution that included one that would recognize the right of every person to bring the prerogative writs "in the name of the people". This right, which may be characterised as the right to a presumption of nonauthority, was apparently considered so obvious by James Madison and others that he combined it with others to become the Ninth Amendment to the United States Constitution.
Roadrunner 19:26, 6 March 2007 (UTC)
