Usually granted in connection with
wardships, the king's rights over the marriage of his tenants-in-chief had longer term implications for Edward III's "new nobility."(61) From the time of the Norman Conquest, the control of the marriage of an underaged or widowed heir of an estate held in chief had been the king's.(62) Indeed, due to the custom (noted above) of "prerogative
wardship," this held tree even if only a small part of the deceased's lands were held in chief.
(1.) The idea of Indian
wardship developed incrementally and sporadically.
In Alberta, applications for permanent
wardship under the CYFFA (238) are to be heard expeditiously together with applications for guardianship under the Family Law Act (FLA).
(35) <<Of the various hardships which arose from the adoption of the feudal law,
wardship was the greatest, and of which there was most complaint: for the object of some of the first chapters of Magna Charta was, to regulate the conduct of the lords in this respect, and to restrain them from wasting and destroying the estates of their wards>> (W.
in Re M (Medical Treatment: Consent)[28] (the refusal of a 15-year-old girl to the planned heart transplant was overthrown by the consent of her mother), Re S (A Minor) (Consent to Medical Treatment) [29] (the court overruled the refusal to undergo a blood transfusion for a 15-yearold girl suffering from a rare blood disease, life-threatening if left untreated), and Re E (A Minor) (
Wardship: Medical treatment) [30] (when a 15year-old Jehovah's Witness and his parents refused a blood transfusion, the court replaced the child's decision with its own).
FB and MA (Forced Marriage:
Wardship: Jurisdiction) [2008] EWHC 1436 (Fam), [2008] 2FLR 1624.
"The council made a temporary
wardship application to the High Court last Friday at the request of Southampton Hospital.
As Taiaiake Alfred (2009b:43), a prominent Kanien'kehaka academic, has argued, colonialism continues to include "resource exploitation of indigenous lands, residential school syndrome, racism, expropriation of lands, extinguishment of rights,
wardship, and welfare dependency." Such "imposed externalities" are the more obvious manifestations of domination, but colonialism has also exerted a systematic toll on the physical and mental health of Aboriginal people (Alfred 2009b:43).
For example, Japanese courts do not appear to exercise broad
wardship jurisdiction over children of the type that has long been inherent to common law courts (see discussion of Singapore below).
Colonialism was and is justified by racism, an ideology that assumes that those who are dominated represent vices or incapacities best remedied by enforced "civilization," Christianization, education and
wardship, or by elimination.
(27) It served as a mechanism to defeat the lord's right to relief and
wardship. (28) Joint tenancy defeated
wardship and relief because the tenant could hold the land together with his heir, and thus the tenant did not need to pay the incidents to the lord at the death of the tenant.