By Evarist Baimu Nyaga Mawalla - Home

in the earlier case may have coused some confusion in Factortane by obscuringthe important fact that, as was the position prior to the introduction of judicialreview, which prerogative orders are made regularly against ministers in theirofficial capacity they are never made against the Crown.Lord Bridge in determining the second issue acknowledged the importance of therelevant history in determining this issue and it is necessary for me to set out myunderstanding of that history.In support of their respective submissions as to the correct answer to this issue,Rr Richards and Mr Kentridge relef on principles which had been reatedlyreterated down the centuries since medieval times, The principles on which MrRichards founded his argument are that the King can do no wrong and that theking cannot be sued in his own courts. Mr Kentridge on the other hand relied onthe equally historic principle which is intimately linked with the name of professorDicey thatWhen we speak of the “rule of law” as a characterist of our cournty , we mean notonly that with us no man is above the law, but (what is a different thing) that hereevery man, whatever be his rank or condition, is subject to the ordinary law of therealm and amenable to the jurisdiction of the ordinary trials. In England the ideaof legal equality, or the universal subjection of all classes to one law administeredby the ordinary courts, has been pushed to its utmost limit. With us every official,563