This chapter discusses a new notion by Blackstone about judicial power in British constitutionalism as the moderating, tempering element that ensures individual liberty and tranquility. Judges are not visionary oracles of humane progress toward a later stage of societal evolution as considered by Blackstone, they either exercises self-restraint so as to allow the majority to evolve as it wills, or nudging society along a higher path. The link of Blackstone's analyses of legislative and executive power is the historical, constitutionalist lesson that moderation or balance, never extremes, is the best way to secure both political and civil liberty. Lastly, Blackstone's conception of judging includes the declaratory principle that judges claim not to make law but to indicate what the law is, knowing that on appeal or by statute their judgment can be declared erroneous.
Keywords: Blackstone; judicial power; liberty; tranquility; judges; self-restraint; law
Chapter. 12704 words.
Subjects: Political Theory
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