18 Haziran 2010, Cuma
saat: 18:46
It was taken as a maxim by all, whether or not they used the point to explain how the executive branch entered into the separation of powers, that it was the function of judges to "settle the contests between prerogative and liberty...to ascertain the bounds of sovereign power and to determine the rights of subject" and in order for them to perform this duty properly, they must be "perfectly free from the influence of either." The threat to this independence -liberty being passive and power active- came most commonly from prerogative because of the effect of "its natural weight and authority" working upon the almost universal "love of promotion and private advantage". Unless the judiciary stand upon its own firm and independent foundations -unless, that is, judges held positions by a permanent tenure in no way dependent upon the will and pleasure of the executive- it would be ridiculous to look for strict impartiality and pure administration of justice, to expect that power should be confined within its legal limits, and right and justice done to the subject.
Bernard Bailyn - The Ideological Origins of American Revolution
