ABSTRACT

By the early seventeenth century, about 180 cities, towns and townships in England and Wales were administered as self-governing boroughs. In 1615, in Bagg's Case, Coke CJ announced that the King's Bench possessed a jurisdiction to judicially review misgovernment in the boroughs. Coke CJ's claim to remedy ‘any manner of misgovernment’ was denounced by Lord Chancellor Ellesmere, and the King's Bench was encouraged to disregard the idea. The King's Bench quietly ignored this advice and, through what would evolve into the writ of mandamus, implemented Coke's vision of a process of judicial review of misgovernment in the boroughs. This article reviews the uses to which Coke's remedy was put within the political life of the seventeenth- and eighteenth-century chartered corporation.

摘要

到 17 世纪初期，英格兰和威尔士约有 180 个城市、城镇和乡镇作为自治行政区进行管理。1615 年，在巴格案中，可口可乐 CJ 宣布国王长凳拥有司法审查行政区政府不当行为的管辖权。可口可乐 CJ 声称要纠正“任何形式的政府不公”的说法遭到了埃尔斯米尔大法官的谴责，并鼓励国王长凳无视这一想法。The King's Bench 悄悄地无视了这个建议，并通过后来演变成的执行令状，实施了可口可乐的愿景，即对行政区的不当政府进行司法审查。本文回顾了可口可乐的补救措施在 17 和 18 世纪特许公司的政治生活中的用途。