Introduction to the Study of the Law of the Constitution
Introduction to the Study of the Law of the Constitution
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- Dalloz, 1878, iii. 13.
3 Dalloz, 1880, iii. 41.
DROIT AD MINI STRATI F 397 of State must detract, lie surmises, from the dignity Chapter and respect of the judicial Courts. '* The more there XIL is of the more, the less there is of the less" is a Spanish proverb of profound wisdom and wide appli- cation. There was a time in the history of England when the judicial power of the Chancellor, bound up as it was with the prerogative of the Crown, might have overshadowed the Courts of Law, which ha...ve protected the hereditary liberties of England and the personal freedom of Englishmen. It is difficult not to suppose that the extension of the Council's jurisdiction, beneficial as may be its direct effects, may depress the authority of the judicial tribunals. More than one writer, who ought to represent the ideas of educated Frenchmen, makes the suggestion that if the members of the Council of State lack that absolute security of tenure which is universally ac- knowledged to be the best guarantee of judicial independence, yet irremovable judges, who, though they may defy dismissal, are tormented by the constant longing for advancement, 1 are not more independent of the Government at whose hands they expect promotion than are members of the Council of State who, if legally removable, are by force of custom hardly ever removed from their high position.
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To quickly assess the difficulty of the text, read a short excerpt:
- Dalloz, 1878, iii. 13.
3 Dalloz, 1880, iii. 41.
DROIT AD MINI STRATI F 397 of State must detract, lie surmises, from the dignity Chapter and respect of the judicial Courts. '* The more there XIL is of the more, the less there is of the less" is a Spanish proverb of profound wisdom and wide appli- cation. There was a time in the history of England when the judicial power of the Chancellor, bound up as it was with the prerogative of the Crown, might have overshadowed the Courts of Law, which ha...ve protected the hereditary liberties of England and the personal freedom of Englishmen. It is difficult not to suppose that the extension of the Council's jurisdiction, beneficial as may be its direct effects, may depress the authority of the judicial tribunals. More than one writer, who ought to represent the ideas of educated Frenchmen, makes the suggestion that if the members of the Council of State lack that absolute security of tenure which is universally ac- knowledged to be the best guarantee of judicial independence, yet irremovable judges, who, though they may defy dismissal, are tormented by the constant longing for advancement, 1 are not more independent of the Government at whose hands they expect promotion than are members of the Council of State who, if legally removable, are by force of custom hardly ever removed from their high position.
What to read after Introduction to the Study of the Law of the Constitution?
You can find similar books in the "Read Also" column, or choose other free books by Av Dicey to read onlineMoreLess
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