A Century of English Judicature. swers ought to be applicable to every pos sible state of facts not inconsistent with those assumed in the questions; secondly, because I have heard no argument at your lordships' bar or elsewhere on the subject of these questions, the want of which I feel
307
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a constitutional question of great import
ance. Indeed, in the matter of the West
minster Bank, 2 Cl. & F. 192, the judges de
clined to answer on the ground that the
question was "proposed in terms which ren
der it doubtful whether it is a question con-
LORD LVNUHL'RST.
the more the greater are the number and extent of questions which might be raised in argument; and, thirdly, from a fear, of which I cannot divest myself, that as these questions relate to matters of criminal law of great importance and frequent occurrence, the answers to them by the judges may em barrass the administration of justice when they are cited in criminal cases." The prac tice of putting general questions might raise
fined to the strict legal construction of ex isting acts of Parliament." However, in the matter of the Islington Market Bill, 3 Cl. & F. 512, the judges gave their opinion on a bill pending in Parliament; and it will be remembered that the judges were called upon for their opinions on the law of libel when Fox's bill on that subject was pending in Parliament. The judges are called upon simply to ad
