Lockean moment of the consensual formation of a new political society—clearly elevated the judiciary to its full place within modern separation of powers theory. Locke states quite clearly that the legislature, though supreme, nevertheless, must govern through indifferent and upright Judges, who are to decide Controversies by those Laws.” 95 Limited by its trust, the legislature must not only decide the Rights of the Subject by promulgated standing Laws,” but also by known Authoris’d Judges.” 96 The legislature can only pass laws that are to be uniformly and
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