WordNet
- a hearing to determine by what authority someone has an office or franchise or liberty
- a type of security issued by a corporation (usually together with a bond or preferred stock) that gives the holder the right to purchase a certain amount of common stock at a stated price; "as a sweetener they offered warrants along with the fixed-income securities" (同)stock_warrant, stock-purchase warrant
- a writ from a court commanding police to perform specified acts
PrepTutorEJDIC
- 〈C〉(逮捕・差し押さえなどの)『令状』《+for+名》 / 〈U〉(…の)『正当な理由』,権限《+for+名(doing)》 / 〈C〉『保証[となるもの]』,保証人,担保物件 / …‘を'『認可する』,公式に認める / 〈行為など〉‘を'正当化する / 〈品物・品質など〉‘を'『保証する』,確約する(guarantee) / 《話》…‘を'確信(断言)する;断じて請け合う
- 監獄
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出典(authority):フリー百科事典『ウィキペディア(Wikipedia)』「2014/01/15 08:01:25」(JST)
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Prerogative writs |
- Certiorari / Review
- Habeas corpus
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- Prohibito / Prohibition
- Quo warranto
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Quo warranto (Medieval Latin for "by what warrant?") 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.
Contents
- 1 History
- 2 Quo warranto today
- 3 See also
- 4 References
- 5 Bibliography
- 6 External links
History[edit]
Quo warranto had its origins in an attempt by King Edward I of England to investigate and recover royal lands, rights, and franchises in England,[1] in particular those lost during the reign of his father, King Henry III of England.[2][3] 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 including 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.[1][4] 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.[5] 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.
Quo warranto today[edit]
In the United States 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.[6]
See also[edit]
References[edit]
- ^ a b Clanchy From Memory to Written Record p. 3
- ^ Harris, Nicholas; Charles Purton Cooper (1831). Public Records. p. 74.
- ^ Carpenter, David A. (1996). The reign of Henry III. p. 88. ISBN 978-1-85285-137-8.
- ^ Clanchy From Memory to Written Record p. 152
- ^ Shortt, John (1888), Informations (criminal and quo warranto) mandamus and prohibition, American law series, C. H. Edson and company, p. 137 .
- ^ Sn 42 Abolition of quo warranto, Judicial Review Act 1991, Queensland Consolidated Acts
Bibliography[edit]
- Clanchy, M. T. (1993). From Memory to Written Record: England 1066–1307 (Second Edition ed.). Malden, MA: Blackwell Publishing. ISBN 978-0-631-16857-7.
- Michael Prestwich, Edward I (London: Methuen, 1988, updated edition Yale University Press, 1997 ISBN 0-300-07209-0)
- Michael Prestwich, The Three Edwards: War and State in England 1272–1377 (London: Weidenfeld & Nicolson, 1980, reprinted Routledge 1996) ISBN 0-415-05133-9
- Donald W. Sutherland, Quo Warranto Proceedings in the Reign of Edward I, 1278–1294 (Oxford; Clarendon Press, 1963)
External links[edit]
- Missouri Bar Extraordinary Remedies
- Chisholm, Hugh, ed. (1911). "Quo Warranto". Encyclopædia Britannica (11th ed.). Cambridge University Press
United Kingdom legislation
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Acts of Parliament by states preceding
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- Acts of the Parliament of England to 1483
- 1485–1601
- 1603–1641
- Interregnum (1642–1660)
- 1660–1699
- 1700–1706
- Acts of the Parliament of Scotland
- Acts of the Parliament of Ireland to 1700
- 1701–1800
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Kingdom of Great Britain and Northern Ireland |
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- 1820–1839
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- 1980–1999
- 2000 to date
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Church of England Measures |
- List
- Church of England Assembly (Powers) Act 1919
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Legislation of devolved institutions |
- Acts of the Scottish Parliament
- Acts and Measures of the National Assembly for Wales
- Acts of the Northern Ireland Assembly
- Acts of the Parliament of Northern Ireland
- Orders in Council for Northern Ireland
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Secondary legislation |
- United Kingdom Statutory Instruments
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- Act of Sederunt, Act of Adjournal
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UpToDate Contents
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English Journal
- "Quo warranto": only in California--challenging early chiropractic law.
- Jackson RB, Jackson TJ.AbstractIn California from 1907-1925 two writs of quo warranto were filed against the first two chiropractic boards. Thirteen of the fifty original medical practice acts and at least eleven original chiropractic acts contained an eligibility requirement for first appointed board members, a stipulated pre-practice period. Twenty-three of these combined boards suffered no legal challenges by practicing colleagues, the attorney general or the courts, for what appeared to be unlicensed practice. Only in California were the first two boards so challenged. In California, there were other unique forces at work that no chiropractor suspected would prematurely expunge the first appointed board. These legal quagmires delayed the systematic licensing for many months. Only in California did this unique history take place.
- Chiropractic history : the archives and journal of the Association for the History of Chiropractic.Chiropr Hist.1994 Jun;14(1):23-7.
- In California from 1907-1925 two writs of quo warranto were filed against the first two chiropractic boards. Thirteen of the fifty original medical practice acts and at least eleven original chiropractic acts contained an eligibility requirement for first appointed board members, a stipulated pre-pr
- PMID 11613379
Japanese Journal
- 勘坂 純市
- 土地制度史学 35(4), 17-35, 1993-07-20
- … To answer this question, we investigate Royal Charters, which permitted the lords to hold markets, and other documents which show how the markets were held in fact-Hundred Rolls, Inquest Post Mortem and Placita de Quo Warranto. …
- NAID 110007019592
Related Links
- Quo warranto (Medieval Latin for "by what warrant?") 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. ...
★リンクテーブル★
[★]
- (正式)(~の)正式な理由、根拠(for)。(~する)権限([[justification)(to do)
- (法律)(~の/~するための)令状。召喚状(for, of/to do)
- (~の)保証(となるもの)(guarantee)(for, of)
- 証明書。認可証。委任状。(法律)権原証券。(商業)倉荷証券。支払命令書
- (株式)新株引き受け権証書、ワラント債(株式を購入する権利を付した債権)
- (財政)短期債権(歳入を見込んで自治体が発行する証券)
- (正式)(SVO/doing)S(事)からするとO(事)は「~することは」当然のことである(justify)
- Further investigations consist of a search for a cause or associated conditions and a decision whether a lung biopsy is warranted.
- (正式)(SVO/doing)(人・会社などが)(商品の品質などを)を(~することを)補償する、[SCO(to be)C](人・事)が~だと保証する、請け合う
- (権利・財産など)の所有を保証する
- ~を認可する。~の権限を与える。(人)に権限を与える。
- ~の真実を証明する、請け合う。
- 関
- assurance、assure、authorize、certify、endorse、ensure、guarantee、insure、justification、justify、security