JB/034/228/001

Click Here To Edit

1823. Novr. 10
Constitutional Code

Answer. The least important advantage use must
yield to the most important. A check applied by superordinate
authority to a power which would otherwise be arbitrary,
placing everything dear to man in the hands
of an unchecked functionary or set body of functionaries is
a security not to not too necessary indispensable to be foregone
on any account whatever. The advantage from vesting
the power of deciding on the question of fact in the
hands of the same individual by whom the evidence in
relation to it has been received and collected, would be is indeed
a very considerable advantage: but in point of importance
this cannot enter into competition with the
other. In all probability this advantageous union
will have had place in the great majority of the
whole number of instances: only in a comparatively
small proportion will appeal have place: and of in those in which it has place, only in a very small proportion
will the Appellate Judge think fit to substitute over rule
by his judgment opinion to that of a Judge whose view of means of the
judging whole matter have has been to such a degree more instructive
than his. In this case It is not for what he may he is likely to do,
it is only for what it will be seen that in case of necessity he has it in
his power to do, that the faculty of undoing what the
Immediate Judge has done is put into his hands.

By the Public Opinion Tribunal the exercise of a
power thus extraordinary is not likely to be left unwatched.
The party in whose f disfavour it is exercised is not likely
to be backward in complaining of any abuse with which
in his opinion hope view of it it can be made chargeable.

Identifier: | JB/034/228/001 "JB/" can not be assigned to a declared number type with value 34.
Date_1	1823-11-10	Marginal Summary Numbering
Box	034	Main Headings	constitutional code
Folio number	228	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3 / e3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	10502
Box Contents