Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
IT is highly necessary for preserving the ballance of the
constitution, that the executive power should be a branch, though not
the whole, of the legislature. The total union of them, we have seen,
would be productive of tyranny; the total disjunction of them for the
present, would in the end produce the same effects, by causing that
union, against which it seems to provide. The legislature would soon
become tyrannical, by making continual encroachments, and gradually
assuming to itself the rights of the executive power. Thus the long
parliament of Charles the first, while it acted in a constitutional
manner, with the royal concurrence, redressed many heavy grievances
and established many salutary laws. But when the two houses assumed
the power of legislation, in exclusion of the royal authority, they
soon after assumed likewise the reins of administration; and, in
consequence of these united powers, overturned both church and state,
and established a worse oppression than any they pretended to remedy.
To hinder therefore any such encroachments, the king is himself a part
of the parliament: and, as this is the reason of his being so, very
properly therefore the share of legislation, which the constitution
has placed in the crown, consists in the power of _rejecting_, rathar
[Transcriber's Note: rather] than _resolving_; this being sufficient
to answer the end proposed. For we may apply to the royal negative, in
this instance, what Cicero observes of the negative of the Roman
tribunes, that the crown has not any power of _doing_ wrong, but
merely of _preventing_ wrong from being done[p]. The crown cannot
begin of itself any alterations in the present established law; but it
may approve or disapprove of the alterations suggested and consented
to by the two houses. The legislative therefore cannot abridge the
executive power of any rights which it now has by law, without it's
own consent; since the law must perpetually stand as it now does,
unless all the powers will agree to alter it. And herein indeed
consists the true excellence of the English government, that all the
parts of it form a mutual check upon each other. In the legislature,
the people are a check upon the nobility, and the nobility a check
upon the people; by the mutual privilege of rejecting what the other
has resolved: while the king is a check upon both, which preserves the
executive power from encroachments. And this very executive power is
again checked, and kept within due bounds by the two houses, through
the privilege they have of enquiring into, impeaching, and punishing
the conduct (not indeed of the king, which would destroy his
constitutional independence; but, which is more beneficial to the
public) of his evil and pernicious counsellors. Thus every branch of
our civil polity supports and is supported, regulates and is
regulated, by the rest; for the two houses naturally drawing in two
directions of opposite interest, and the prerogative in another still
Public-domain text, read in full here on John Shaqi.
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