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The Hymn That Sparked A Legal Battle: A Closer Look At Kruse Vs Johnson, 1898, 2 Q.B. 91


Richa Kapoor, Amity University

Proteek Motilal, Amity University


BENCH:


CJ. LORD RUSSELL

J. CHITTY, J. WRIGHT, J. DARLING,

J. CHANNELL, J. MATHEW


BENCH AND QUORUM


The leading judgment, which established the principles of judicial review, was delivered by Charles Frederick Lord Russell of Killowen. He served as the Lord Chief Justice of England and Wales from 1894 to 1900.


PROCEDURAL HISTORY


  • The Incident and Initial Challenge (1898):

    Mr. Kruse, a Salvation Army preacher, is arrested for singing hymns in a public place within 50 yards of a dwelling house. This likely happened in Kent, England, based on the involvement of the Kent County Council. He challenged the arrest, likely arguing that the bylaw is unreasonable.


  • Lower Court Proceedings (Unknown Date):


    The case is likely heard in a magistrate's court, a lower court that deals with minor offenses.

    The details of arguments presented and the lower court's decision are unclear.


  • Depending on the outcome, one of two scenarios might have unfolded:


1. Loss in Lower Court: If Mr. Kruse loses, he might choose to appeal the decision.



Indian Journal of Law and Legal Research

Abbreviation: IJLLR

ISSN: 2582-8878

Website: www.ijllr.com

Accessibility: Open Access

License: Creative Commons 4.0

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All research articles published in The Indian Journal of Law and Legal Research are fully open access. i.e. immediately freely available to read, download and share. Articles are published under the terms of a Creative Commons license which permits use, distribution and reproduction in any medium, provided the original work is properly cited.

 

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The opinions expressed in this publication are those of the authors. They do not purport to reflect the opinions or views of the IJLLR or its members. The designations employed in this publication and the presentation of material therein do not imply the expression of any opinion whatsoever on the part of the IJLLR.

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