Argument of the Hon. William Smith in Giving Judgment on the Case of the Hon. Mr. Justice Johnson, in the Court of Exchequer, on the 7Th of Feb. 1805

Sir William Cusack Smith

ISBN 10: 0371316677 / ISBN 13: 9780371316672

Published by HardPress Ltd, 2019

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Bibliographic Details

• Title: Argument of the Hon. William Smith in Giving Judgment on the Case of the Hon. Mr. Justice Johnson, in the Court of Exchequer, on the 7Th of Feb. 1805
• Publisher: HardPress Ltd
• Publication Date: 2019
• Language: English
• ISBN 10: 0371316677
• ISBN 13: 9780371316672
• Binding: Paperback / softback
• Condition: New
• Weight: 168 grams

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Synopsis

Argument Of The Hon. William Smith In Giving Judgment On The Case Of The Hon. Mr. Justice Johnson, In The Court Of Exchequer, On The 7Th Of Feb. 1805 by William Cusack Smith. This historical legal tract documents the observant and expansive argument of Hon. William Smith in the Court of Exchequer concerning the case of Mr. Justice Johnson in February 1803–1805. The discourse examines the construction and application of the Habeas Corpus Act, the propriety of remand versus bail, and the constitutional protections surrounding liberty and due process. Smith critiques the scope of parliamentary measures, preambles, and the interplay between English and Irish law, arguing for judicial independence and the limits of state power. He scrutinizes whether the statute’s language can extend to migrations and escapes, warns against converting statutes into ex post facto tooling, and defends the rights of subjects against arbitrary detention. The treatise ultimately foregrounds constitutional checks-and-balances, the sanctity of habeas corpus, and the independence of the judiciary in a constitutional framework.