In
The Ship Money Case [R v Hampden 3 State Trials 825 (1637), superseded by Act Declaring the
Illegality of Ship-Money, Aug. 7, 1641, 17 Charles I, chapter 14], a bare
majority of the judges of the Court of Exchequer Chamber voted for the Crown
and against Hampden, the tax payer, who objected to being forced to pay purported
taxes absent parliamentary consent.
7
of the 12 judges supported the King. 2 of the 7 died shortly thereafter. In
regard to the remaining 5 judges who supported the King, the House of Commons
impeached 3 and disabled 2 from continuing as judges.
More
recently, the High Court decided Miller v
Secretary of State for Exiting the European Union [November 3, 2016] EWHC
2768 (Admin) (Thomas, LCJ; Etherton, MR; and Sales, LJ), (available
100
years from now which will be recognized as the more odious decision? Hampden or Miller? Hampden merely opposed Parliament; Miller opposed a national popular referendum.
Seth
Twitter: https://twitter.com/SethBTillman ( @SethBTillman )
My prior post: Seth Barrett Tillman, Justice Thomas’ Worst Decision: Brexit, The
New Reform Club
(Nov. 3,
2016, 1:21 PM). [here]
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