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Full text of "Political Science Of The State"

DEPARTMENTS OF  GOVERNMENT IN A STATE.        331
from the law. If equity is in question, they must make no
rules of equity to suit the immediate case, but must inquire
what is the highest justice.
3.  They must then be removed as far as possible from all
biases and warping influences, whether proceeding from a
court or government, a people or public opinion, or from the
base approaches of suitors or the improper influences of ad-
vocates.    They must have the spirit of the old prophet, who,
when a king's messenger said to him " behold now the words
of the prophets declare good unto the king with one mouth;
let thy word, I pray thee, be like the word of one of them
and speak that which is good," replied, " as the Lord liveth,
what the Lord saith unto me,, that will I speak."    They are
in fact more immediately servants of God  than any other
men who manage the affairs of a country, because expediency,
departure from law or from constitution, is for them in no
circumstances  a thing to  be  conceived  of.    They are not
called to promote the interests of the country directly, but
to decide in particular cases that come before them what is
law, or what is fact.
4.   Having thus the general principles of law and their ap-
plication to particular cases in their hands, they are the great
defenders of established order against the legislative and the
executive departments of society, and also against the insur-
rectionary forces of the community, so far as individual men
or small bands of them rise in rebellion against law.    Their
relation to the law-making and the law-executing powers is
peculiarly delicate and important, whether there be a written
constitution or one of traditions and of laws held to be espe-
cially sacred.    For if a legislature, which is subject to lawless
gusts of public  feeling,  shall pass an unconstitutional law,
how is the constitution to be preserved as a living and sacred
instrument?    There is no entire stability or continuity of
jural existence in a nation where there is no power outside
of the legislature to decide whether it has overstepped its
bounds.    Shall the executive be invested with such a power ?
This power, for the moment of decision whether a law ought