The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)Burke, Edmund
History
The Works of the Right Honourable Edmund Burke, Vol. 03 (of 12)
Burke, Edmund
Great Britain -- Politics and government -- 1760-1820; Political science -- Early works to 1800
Those parliaments had furnished, not the best certainly, but some
considerable corrective to the excesses and vices of the monarchy. Such
an independent judicature was ten times more necessary when a democracy
became the absolute power of the country. In that Constitution,
elective, temporary, local judges, such as you have contrived,
exercising their dependent functions in a narrow society, must be the
worst of all tribunals. In them it will be vain to look for any
appearance of justice towards strangers, towards the obnoxious rich,
towards the minority of routed parties, towards all those who in the
election have supported unsuccessful candidates. It will be impossible
to keep the new tribunals clear of the worst spirit of faction. All
contrivances by ballot we know experimentally to be vain and childish to
prevent a discovery of inclinations. Where they may the best answer the
purposes of concealment, they answer to produce suspicion, and this is a
still more mischievous cause of partiality.
If the parliaments had been preserved, instead of being dissolved at so
ruinous a change to the nation, they might have served in this new
commonwealth, perhaps not precisely the same, (I do not mean an exact
parallel,) but near the same purposes as the court and senate of
Areopagus did in Athens: that is, as one of the balances and correctives
to the evils of a light and unjust democracy. Every one knows that this
tribunal was the great stay of that state; every one knows with what
care it was upheld, and with what a religious awe it was consecrated.
The parliaments were not wholly free from faction, I admit; but this
evil was exterior and accidental, and not so much the vice of their
constitution itself as it must be in your new contrivance of sexennial
elective judicatories. Several English commend the abolition of the old
tribunals, as supposing that they determined everything by bribery and
corruption. But they have stood the test of monarchic and republican
scrutiny. The court was well disposed to prove corruption on those
bodies, when they were dissolved in 1771; those who have again dissolved
them would have done the same, if they could; but both inquisitions
having failed, I conclude that gross pecuniary corruption must have been
rather rare amongst them.
It would have been prudent, along with the parliaments, to preserve
their ancient power of registering, and of remonstrating at least upon,
all the decrees of the National Assembly, as they did upon those which
passed in the time of the monarchy. It would be a means of squaring the
occasional decrees of a democracy to some principles of general
jurisprudence. The vice of the ancient democracies, and one cause of
their ruin, was, that they ruled, as you do, by occasional decrees,
_psephismata_. This practice soon broke in upon the tenor and
consistency of the laws; it abated the respect of the people towards
them, and totally destroyed them in the end.
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account