That is, by their short laws, they will leave much to the discretion of the judge, whilst they have exploded the authority of all the learning which could make judicial discretion (a thing perilous at best) deserving the appellation of a sound discretion.
Critiquing the French National Assembly's proposed legal reforms, Burke argues that simplifying laws would dangerously increase judicial discretion while simultaneously discarding the accumulated wisdom necessary for sound judgment.
Share
More from Edmund Burke
No experience has taught us that in any other course or method than that of an hereditary crown our liberties can be regularly perpetuated and preserved sacred as our hereditary right.
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?
As he is not to obey us, but we are to obey the law in him, our Constitution has made no sort of provision towards rendering him, as a servant, in any degree responsible.
Other voices in this conversation
