Magna carta, common law values and the constitution



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35, have included some reference to Coke's invocations of Magna Carta in a distinct 17th century quarrel over the taking of an oath ex officio in ecclesiastical courts. (It was called ex officio because ecclesiastical authorities proceeded ex officio mero, on grounds of suspicion and rumour, rather than upon specific charges36.)

There are other echoes of Magna Carta which I do no more than mention in passing. For example, the interpretation of judicial power turning on the separation of judicial power from other government powers has, on occasions, included a consideration of the 17th century rejection of the Sovereign's attempts to suspend the laws




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