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1823. Novr. 10
Constitutional Code
If the union in question is to such a degree beneficial
as above supposed, the more beneficial it is, and is seen to be
the greater will be the degree of confidence reposed by the
Public Opinion Tribunal in a decree passed by a Judge
by whom this advantage has been possessed in comparison as compared with
that reposed in the decree of a Judge by whom this same
advantage has not been possessed. Thus then the strength of
the check rises in proportion to the demand for the application
of it.
The greater the extent to in which the opinion of the
Public Opinion Tribunal is keeps itself in accordance with the opinion
expressed by the decrees of the Judiciary, the more perfectly
will the system of procedure answer fulfil the ends of its institution.
If instead of committing the second trial to another judicatory
the Appellate judicatory Judge had the power of receiving and
collecting extracting the orally delivered evidence in his
own person, and to decide in dernier resort on the
ground of the evidence so collected and extracted
his power would thereby be unchecked and arbitrary as
above: there being no other authorized to reverse
or modify it. But whensuppose the second trial
to be before by another Judge Immediate, the Judge decree
of the second Judge have Immediate would, in the same manner
as that of the first, be subjected to reversal or modification
at the hands of another Judge namely, the Judge Appellate,
and thus saved from the charge of arbitrariness.
Identifier: | JB/034/230/001 "JB/" can not be assigned to a declared number type with value 34.
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