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
NEXT, as to cases of ordinary public oppression, where the vitals of
the constitution are not attacked, the law hath also assigned a
remedy. For, as a king cannot misuse his power, without the advice of
evil counsellors, and the assistance of wicked ministers, these men
may be examined and punished. The constitution has therefore provided,
by means of indictments, and parliamentary impeachments, that no man
shall dare to assist the crown in contradiction to the laws of the
land. But it is at the same time a maxim in those laws, that the king
himself can do no wrong; since it would be a great weakness and
absurdity in any system of positive law, to define any possible wrong,
without any possible redress.
FOR, as to such public oppressions as tend to dissolve the
constitution, and subvert the fundamentals of government, they are
cases which the law will not, out of decency, suppose; being incapable
of distrusting those, whom it has invested with any part of the
supreme power; since such distrust would render the exercise of that
power precarious and impracticable. For, whereever [Transcriber's
Note: wherever] the law expresses it's distrust of abuse of power, it
always vests a superior coercive authority in some other hand to
correct it; the very notion of which destroys the idea of sovereignty.
If therefore (for example) the two houses of parliament, or either of
them, had avowedly a right to animadvert on the king, or each other,
or if the king had a right to animadvert on either of the houses, that
branch of the legislature, so subject to animadversion, would
instantly cease to be part of the supreme power; the ballance of the
constitution would be overturned; and that branch or branches, in
which this jurisdiction resided, would be completely sovereign. The
supposition of _law_ therefore is, that neither the king nor either
house of parliament (collectively taken) is capable of doing any
wrong; since in such cases the law feels itself incapable of
furnishing any adequate remedy. For which reason all oppressions,
which may happen to spring from any branch of the sovereign power,
must necessarily be out of the reach of any _stated rule_, or
_express legal_ provision: but, if ever they unfortunately happen, the
prudence of the times must provide new remedies upon new emergencies.
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