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
[Footnote p: _Cum lex abrogatur, illud ipsum abrogatur, quo non eam
abrogari oporteat._ _l._ 3. _ep._ 23.]
10. LASTLY, acts of parliament that are impossible to be performed are
of no validity; and if there arise out of them collaterally any absurd
consequences, manifestly contradictory to common reason, they are,
with regard to those collateral consequences, void. I lay down the
rule with these restrictions; though I know it is generally laid down
more largely, that acts of parliament contrary to reason are void. But
if the parliament will positively enact a thing to be done which is
unreasonable, I know of no power that can control it: and the examples
usually alleged in support of this sense of the rule do none of them
prove, that where the main object of a statute is unreasonable the
judges are at liberty to reject it; for that were to set the judicial
power above that of the legislature, which would be subversive of all
government. But where some collateral matter arises out of the general
words, and happens to be unreasonable; there the judges are in decency
to conclude that this consequence was not foreseen by the parliament,
and therefore they are at liberty to expound the statute by equity,
and only _quoad hoc_ disregard it. Thus if an act of parliament gives
a man power to try all causes, that arise within his manor of Dale;
yet, if a cause should arise in which he himself is party, the act is
construed not to extend to that; because it is unreasonable that any
man should determine his own quarrel[q]. But, if we could conceive it
possible for the parliament to enact, that he should try as well his
own causes as those of other persons, there is no court that has power
to defeat the intent of the legislature, when couched in such evident
and express words, as leave no doubt whether it was the intent of the
legislature or no.
[Footnote q: 8 Rep. 118.]
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