The Rule of Law and the Judicial Process

An anecdote which I believe I recall from one of Professor Brogan’s ·writings concerns a conversation between the archbishop and the chief justice about the relative importance of their respective powers. After the conversation had continued for some time the archbishop sought to administer the coup de grâce. “I have the advantage of you, your lordship, because you see, in the long run, the most you can say to a man is, ‘You shall be hanged!’ whereas it is within the functions of my office to say, ‘You shall be damned!’ ” To this, after a moment of thought, the chief justice replied, “Yes, your worship, your point is persuasive. But you overlook one matter. In the long run, if, I say ‘You shall be hanged,- you will be hanged.”