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
BY the sovereign power, as was before observed, is meant the making of
laws; for wherever that power resides, all others must conform to, and
be directed by it, whatever appearance the outward form and
administration of the government may put on. For it is at any time in
the option of the legislature to alter that form and administration by
a new edict or rule, and to put the execution of the laws into
whatever hands it pleases: and all the other powers of the state must
obey the legislative power in the execution of their several
functions, or else the constitution is at an end.
IN a democracy, where the right of making laws resides in the people
at large, public virtue, or goodness of intention, is more likely to
be found, than either of the other qualities of government. Popular
assemblies are frequently foolish in their contrivance, and weak in
their execution; but generally mean to do the thing that is right and
just, and have always a degree of patriotism or public spirit. In
aristocracies there is more wisdom to be found, than in the other
frames of government; being composed, or intended to be composed, of
the most experienced citizens; but there is less honesty than in a
republic, and less strength than in a monarchy. A monarchy is indeed
the most powerful of any, all the sinews of government being knit
together, and united in the hand of the prince; but then there is
imminent danger of his employing that strength to improvident or
oppressive purposes.
THUS these three species of government have, all of them, their
several perfections and imperfections. Democracies are usually the
best calculated to direct the end of a law; aristocracies to invent
the means by which that end shall be obtained; and monarchies to carry
those means into execution. And the antients, as was observed, had in
general no idea of any other permanent form of government but these
three; for though Cicero[f] declares himself of opinion, "_esse optime
constitutam rempublicam, quae ex tribus generibus illis, regali,
optimo, et populari, sit modice confusa_;" yet Tacitus treats this
notion of a mixed government, formed out of them all, and partaking of
the advantages of each, as a visionary whim; and one that, if
effected, could never be lasting or secure[g].
[Footnote f: In his fragments _de rep._ _l._ 2.]
[Footnote g: "_Cunctas nationes et urbes populus, aut primores, aut
singuli regunt: delecta ex his, et constituta reipublicae forma
laudari facilius quam evenire, vel, si evenit, haud diuturna esse
potest._" _Ann._ _l._ 4.]
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