FREE BOOKS

Author's List




PREV.   NEXT  
|<   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37  
38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   >>   >|  
e superior in obligation to any other. It is binding over all the globe, in all countries, and at all times: no human laws are of any validity, if contrary to this; and such of them as are valid, derive all their force, and all their authority, mediately or immediately, from this original."--_Blackstone, Vol. 1, p. 41._ Mr. Christian, one of Blackstone's editors, in a note to the above passage, says: "Lord Chief Justice Hobart has also advanced, that even an act of Parliament made against natural justice, as to make a man judge in his own cause, is void in itself, for _jura naturae sunt immutabilia_, and they are _leges legum_"--(the laws of nature are immutable--they are the laws of laws.)--_Hob. 87._ Mr. Christian then adds: "With deference to these high authorities, (Blackstone and Hobart,) I should conceive that in no case whatever can a judge oppose his own opinion and authority to the clear will and declaration of the legislature. His province is to interpret and obey the mandates of the supreme power of the state. And if an act of Parliament, if we could suppose such a case, should, like the edict of Herod, command all the children under a certain age to be slain, the judge ought to resign his office rather than be auxiliary to its execution; but it could only be declared void by the same legislative power by which it was ordained. If the judicial power were competent to decide that an act of parliament was void because it was contrary to natural justice, upon an appeal to the House of Lords this inconsistency would be the consequence, that as judges they must declare void, what as legislators they had enacted should be valid. "The learned judge himself (Blackstone) declares in p. 91, if the Parliament will positively enact a thing to be done which is unreasonable, I know of no power in the ordinary forms of the constitution, that is vested with authority to control it." It will be seen from this note of Mr. Christian, that he concurs in the opinion that an enactment contrary to natural justice is _intrinsically_ void, and not law; and that the principal, if not the only difficulty, which he sees in carrying out that doctrine, is one that is peculiar to the British constitution, and does not exist in the United States. That difficulty is, the "inconsistency" there would be, if the House of Lords, (which is the highest law court in England, and at the same time one branch of the legislature,) were to
PREV.   NEXT  
|<   13   14   15   16   17   18   19   20   21   22   23   24   25   26   27   28   29   30   31   32   33   34   35   36   37  
38   39   40   41   42   43   44   45   46   47   48   49   50   51   52   53   54   55   56   57   58   59   60   61   62   >>   >|  



Top keywords:

Blackstone

 

Christian

 

natural

 

Parliament

 

authority

 

justice

 

contrary

 

Hobart

 

difficulty

 

inconsistency


constitution

 

legislature

 

opinion

 

judges

 

consequence

 

binding

 

learned

 

declares

 
enacted
 

legislators


declare

 
parliament
 

validity

 

legislative

 

declared

 

execution

 

ordained

 

decide

 

competent

 
countries

judicial
 

appeal

 

positively

 

peculiar

 
British
 
doctrine
 
carrying
 

United

 
England
 

branch


highest

 

States

 

principal

 

superior

 

ordinary

 

unreasonable

 

vested

 

enactment

 

intrinsically

 

obligation