Which principle underlies the doctrine that the executive may not act beyond the powers conferred by law, as in Entick v Carrington?
Answer and explanation
Correct answer: B. The rule of law, requiring that state action has a legal basis
- Step 1: In Entick v Carrington (1765) officers searched a home under a warrant from the Secretary of State without legal authority.
- Step 2: The court held the search unlawful because no law authorised it.
Answer
The rule of law, requiring that state action has a legal basis.
Why not the others: Parliamentary privilege concerns proceedings in Parliament; no prerogative allows general searches; collective responsibility is a convention.
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