8 March 1807

Judicial Justice

Letter V

Degrees

3. As far as is consistent with practicability, physical and prudential, the mind of the legislator ought to be in the habit of applying itself to the business of judicature: i.e. to the taking the requisite measures for maintaining the aggregate body of judicial decisions in a state of conformity to its own will.

4. Between the supreme legislator and the Judge in the first instance every degree of jurisdiction interposed, is attended with two mischiefs:

1. It increases the probable number of decisions liable to be pronounced in disconformity to the will of the supreme legislator: i.e. of misdecision uncorrected.

2. It is attended with an additional mass of collateral inconvenience in the shape of delay, vexation and expence.

5. So far as matter of law is concerned, the only proper arrangement, if it were practicable would be that the legislator himself should in every instance be Judge: Judge, even in the first instance, were it practicable: if not, then Judge in the 2 d instance.

6. In an Empire such as the British, it is clearly impracticable for the legislator in every individual suit, or even in any considerable number of suits to act as Judge in the first instance.

7. It may perhaps be also impracticable for him to act as Judge in the 2 d instance in respect of the sitting to hear arguments on both sides by the parties, that is by their advocates, on such terms in each individual suit to bestow a portion of his time commensurate to the calls that will thus be made for it.