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was a case decided in the Court of King's Bench in 1774. On its face it was a private action for recovery of sums paid to a tax agent, but the decision laid down the principles of the King's constitutional authority in a British colony, deciding amongst other things that such authority is absolute until a representative assembly is granted, at which point the authority of the Crown is limited. The matter was first heard in the Mayor's and City of London Court, which court found a special verdict and remitted it to the Court of King's Bench, which then heard the claim on a matter of law. The decision turned on the validity of a tax imposed in Grenada. This was the trigger for an examination of the constitutional position of Grenada and for a review of the position in all British territories. The political situation at the time of the judgment was interesting too; this was the time of the tax rebellion in the American colonies (including the West Indies) and was indeed two years before the American Declaration of Independence. The judgment therefore had the potential to cause political trouble. Lord Mansfield's judgment looked beyond the narrow facts of the case. He reviewed the law applicable to British colonies in general and laid down a series of important points of constitutional law applicable to British possessions. == The facts == Grenada was conquered from the French and formally ceded to Great Britain in 1763. The King issued a proclamation dated 7 October 1763 that all governors of the newly acquired colonies were instructed "as soon as the state and circumstances of the said colonies will admit" to call a general assembly. On 9 April 1764, the King (George III) appointed a Governor, General Melville. Finally, on 24 July 1764 (before Melville had set sail for Grenada) letters patent were issued to impose a four and a half per cent duty upon all goods and sugars exported from the island of Grenada, to equalise the duty across the Leeward Islands. Melville arrived in Grenada on 14 December 1764. In 1765 he summoned an assembly. James Campbell bought a plantation on Grenada. William Hall was a collector of the four and a half per cent duty. Campbell brought a claim to recover from Hall the money he had paid as duty. Campbell claimed that 4½% duty had not been imposed by lawful or sufficient authority. Campbell succeeded, the decision turning on important constitutional principles. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Campbell v Hall」の詳細全文を読む スポンサード リンク
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