"If [the legislature] will positively enact a thing to be done, the judges are not at liberty to reject it, for that were to set the judicial power above that of the legislature, which would be subversive of all government"
About this Quote
The subtext is an anxiety about unelected actors. Blackstone’s world (18th-century Britain) was defined by parliamentary supremacy and a constitution that lived in tradition, statute, and custom rather than a single entrenched document. In that ecosystem, judicial review in the modern American sense would look less like a safeguard and more like a coup in robes. His warning that it would be "subversive of all government" isn’t rhetorical excess so much as a worldview: stable governance depends on a hierarchy in which Parliament’s will is final.
It also quietly narrows the moral imagination of judging. Blackstone doesn’t argue that enacted laws are just, only that judges aren’t "at liberty" to refuse them. Liberty belongs to legislators; judges have duty. That idea traveled, ironically, into American legal culture through Blackstone’s influence, only to be contested by a written Constitution that invites courts to say: some enactments, however “positive,” are beyond the legislature’s power.
Quote Details
| Topic | Justice |
|---|---|
| Source | Help us find the source |
| Cite |
Citation Formats
APA Style (7th ed.)
Blackstone, William. (2026, January 11). If [the legislature] will positively enact a thing to be done, the judges are not at liberty to reject it, for that were to set the judicial power above that of the legislature, which would be subversive of all government. FixQuotes. https://fixquotes.com/quotes/if-the-legislature-will-positively-enact-a-thing-173727/
Chicago Style
Blackstone, William. "If [the legislature] will positively enact a thing to be done, the judges are not at liberty to reject it, for that were to set the judicial power above that of the legislature, which would be subversive of all government." FixQuotes. January 11, 2026. https://fixquotes.com/quotes/if-the-legislature-will-positively-enact-a-thing-173727/.
MLA Style (9th ed.)
"If [the legislature] will positively enact a thing to be done, the judges are not at liberty to reject it, for that were to set the judicial power above that of the legislature, which would be subversive of all government." FixQuotes, 11 Jan. 2026, https://fixquotes.com/quotes/if-the-legislature-will-positively-enact-a-thing-173727/. Accessed 12 Feb. 2026.


