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1822 Aug. 15
Constitut. Code
4. Resource Expedient the 4th. Establishing Fortifying Corroborating and employing the most the utmost
advantage every such counter force as the nature of the case
renders it possible to employ in the character of a
counterforce serving as a check upon the legal power lodged
in the han official hands in question: viz.
the power of the popular or say moral sanction: the
power of the functionaries in question being the power of the
political including that of the legal sanction: the power of
the popular or say the moral sanction, as applied by
the fictitious treatment denominated the public opinion
tribunal.
All human sources of power being already brought upon the
carpet, the counterforce force here brought to view in the
character of a counterforce is that of the possessors of it
the supreme operative power can not be anything else than
the power of those whose interest composes the universal
interest: their power considered under a somewhat different
point of view, and presented designated accordingly under another
name.
In the situation of possessor of the supreme constitutive
power with relation to the possessor of the supreme operative
power, those whose interest composes the universal
interest were brought to view in the character of legislators
in the situation here in question the same persons the same
functionaries if such they may be stiled, are brought presented to
view in the character of judges. Neither of the one power
nor of the other, nor of both together though lodged in the same
hands is there in this case any danger of abuse: in the
case of both powers every power making the most of them for the advancement
of their own interest is in that case the every course thing that is
most desirable.
Identifier: | JB/034/099/001 "JB/" can not be assigned to a declared number type with value 34.
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1822-08-15 |
15-17 |
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034 |
constitutional code |
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099 |
constitut. code |
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001 |
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text sheet |
1 |
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recto |
b7 / e7 |
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jeremy bentham |
c wilmott 1819 |
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andreas louriottis |
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1819 |
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10373 |
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