“Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.”

— William Blackstone , book Commentaries on the Laws of England

Book I, ch. 7 http://avalon.law.yale.edu/18th_century/blackstone_bk1ch7.asp: Of the King's Prerogative.
Commentaries on the Laws of England (1765–1769)
Context: In this distinct and separate existence of the judicial power, in a peculiar body of men, nominated indeed, but not removable at pleasure, by the crown, consists one main preservative of the public liberty; which cannot subsist long in any state, unless the administration of common justice be in some degree separated both from the legislative and the also from the executive power. Were it joined with the legislative, the life, liberty, and property of the subject would be in the hands of arbitrary judges, whose decisions would be then regulated only by their own opinions, and not by any fundamental principles of law; which, though legislators may depart from, yet judges are bound to observe. Were it joined with the executive, this union might soon be an overbalance for the legislative. For which reason... effectual care is taken to remove all judicial power out of the hands of the king's privy council; who, as then was evident from recent instances might soon be inclined to pronounce that for law, which was most agreeable to the prince or his officers. Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister of state.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "Nothing therefore is to be more avoided, in a free constitution, than uniting the provinces of a judge and a minister o…" by William Blackstone?

William Blackstone 15

English jurist, judge and Tory politician 1723–1780

Related quotes

“I always defended the Constitution, because it was for liberty. It was ordained by the people of the United States. Not by a superannuated old mummy of a judge, and a Jesuit at that, but by the people of the United States. To establish justice, secure the blessing of liberty for themselves and their posterity, and to secure the natural rights of every human being within its exclusive jurisdiction. Therefore, I love it. These men can perceive nothing in the Constitution but slavery.”

Owen Lovejoy (1811–1864) American politician

As quoted in His Brother's Blood: Speeches and Writings, 1838–64 https://books.google.com/books?id=qMEv8DNXVbIC&pg=PA193&lpg=PA199 (2004), edited by William Frederick Moore and Jane Ann Moore, p. 199
1860s, Speech to the U.S. House of Representatives (April 1860)

“All civil states with their officers of justice in their respective constitutions and administrations are proved essentially civil, and therefore not judges, governors, or defenders of the spiritual or Christian state and worship.”

Roger Williams (theologian) (1603–1684) English Protestant theologian and founder of the colony of Providence Plantation

The Bloudy Tenent of Persecution, for Cause of Conscience (1644)

“"The sovereignty of the States" is the language of the Confederacy, and not the language of the Constitution. The latter contains the emphatic words — This Constitution and the laws of the United States which shall be made in pursuance thereof, and all treaties made or which shall be made under the authority of the United States, shall be the supreme law of the land, and the judges in every State shall be bound thereby, anything in the constitution or laws of any State to the contrary notwithstanding.”

Andrew Johnson (1808–1875) American politician, 17th president of the United States (in office from 1865 to 1869)

Quote, First State of the Union Address (1865)

“While the opinion of the court, by Chief-Justice Taney, in the Dred Scott case and the separate opinions of all the concurring judges, expressly declare that the Constitution of the United States neither permits Congress nor a Territorial legislature to exclude slavery from any United States Territory, they all omit to declare whether or not the same Constitution permits a State, or the people of a State, to exclude it.”

Abraham Lincoln (1809–1865) 16th President of the United States

1850s, The House Divided speech (1858)

“Was there something distinctive about American civil society that gave democracy a better chance than in France, as Tocqueville argued? Was the already centralized French state more likely to produce a Napoleon than the decentralized United States? We cannot be sure. But it is not unreasonable to ask how long the US constitution would have lasted if the United States had suffered the same military and economic strains that swept away the French constitution of 1791.”

Niall Ferguson book Civilization: The West and the Rest

Civilization: The West and the Rest (2011)

“The United States Government has taken steps to make sure that the constitution of the United States applies to all individuals.”

Robert F. Kennedy (1925–1968) American politician and brother of John F. Kennedy

AP report with lead summarizing of remarks stating "Robert F. Kennedy said yesterday that the United States — despite Alabama violence — is moving so fast in race relations a Negro could be President in 40 years." "Negro President in 40 Years?" in Montreal Gazette (27 May 1961) http://news.google.com/newspapers?nid=1946&dat=19610527&id=y40tAAAAIBAJ&sjid=F50FAAAAIBAJ&pg=5424,5208719
Context: The Irish were not wanted there [when his grandfather came to Boston]. Now an Irish Catholic is president of the United States … There is no question about it. In the next 40 years a Negro can achieve the same position that my brother has. … We have tried to make progress and we are making progress … we are not going to accept the status quo. … The United States Government has taken steps to make sure that the constitution of the United States applies to all individuals.

“I consider the foundation of the Constitution as laid on this ground: That "all powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States or to the people."”

Thomas Jefferson (1743–1826) 3rd President of the United States of America

To take a single step beyond the boundaries thus specially drawn around the powers of Congress, is to take possession of a boundless field of power, no longer susceptible of any definition.
The incorporation of a bank, and the powers assumed by this bill, have not, in my opinion, been delegated to the United States, by the Constitution... They are not among the powers specially enumerated...
Opinion against the constitutionality of a National Bank (1791), also quoted in The Writings of Thomas Jefferson "Memorial Edition" (20 Vols., 1903-04) edited by Andrew A. Lipscomb and Albert Ellery Bergh, Vol. 3, p. 146
1790s