“It will be the business of this chapter to consider the British parliament; in which the legislative power, and (of course) the supreme and absolute authority of the state, is vested by our constitution.”
– William Blackstone’s “Commentaries on the Laws of England” (1765), Book 1, Chapter 2
The “supreme and absolute authority of the state” was in the legislature
William Blackstone once said that the
British Constitution vests the “supreme and absolute authority of the state” in the Parliament. Like
Montesquieu before him, Blackstone was a believer in
separation of powers (more on that subject
here). He believed that the Parliament should be a separate branch of government from the executive authority – which, at that time, was the
monarchy. “In all
tyrannical governments,” Blackstone also said, “the supreme magistracy, or the right both of making and of enforcing the laws, is vested in one and the same man, or one and the same body of men.” (Source:
Blackstone’s “Commentaries,” Book 1, Chapter 2) Wherever these two powers are united together, he said, “there can be no public liberty … [for] The magistrate may enact tyrannical laws, and execute them in a tyrannical manner.” (Source:
Blackstone’s “Commentaries,” Book 1, Chapter 2) The magistrate “is possessed, in quality of dispenser of justice, with all the power which he as legislator thinks proper to give himself. But, where the
legislative and executive authority are in distinct hands,” he continued, “the former will take care not to entrust the latter with so large a power, as may tend to the subversion of its own independence, and therewith of the liberty of the subject.” (Source:
Blackstone’s “Commentaries,” Book 1, Chapter 2) This, he believed, would happen if there were not a Parliament to check the power of the
king.
Sir William Blackstone