It may be more advisable to leave such matters to the enlightened discretion of a judge, awed by a censorial House of Commons.
Edmund Burke: “It may be more advisable to leave such matters to the enlightened discretion of a judge, awed by a censorial House of…”
Editor's note · Context
Burke suggests that it may be better to leave certain legal matters to the discretion of judges rather than rigid laws.
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An irregular, convulsive movement may be necessary to throw off an irregular, convulsive disease.
When such an unwarrantable maxim is once established, that no throne is lawful but the elective, no one act of the princes who preceded this era of fictitious election can be valid.
If all the absurd theories of lawyers and divines were to vitiate the objects in which they are conversant, we should have no law and no religion left in the world.
If kings who did not owe their crown to the choice of their people had no title to make laws, what will become of the statute De tallagio non concedendo? of the Petition of Right? of the act of Habeas Corpus?





