JB/037/295/001

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1823. May 28
Constitut. Code

There are ways in which the principle of omni-competence
may be departed from

1. If, on the commencement of a government instituted
by a Constitutional Code, certain arrangements are pointed
to, as being immutably fixt: fixt in such sort as
that should any arrangements repugnant to them be
undertaken to be made by the legislative at any posterior succeeding
point of time, all such posterior arrangements shall be void,
void, that is to say not obligatory on the subjects of the
State: resistance consequently lawful to all endeavours
to give execution and effect to them lawful.

This may be stiled the infallibility immutability declared assuming mode of
instruction.

2. If at the same period, indication is given
of certain subject matters, in relation to which neither
the same nor any succeeding legislature shall at any
time have power to legislate; viz. to legislation to any effect at all,
or to legislate to any such particular effect as is thereupon
described.

This may be stiled the all dismissing legislation-inhibiting mode of restriction.

3. If in the description given of the different powers or
authorities in the State, the legislative being one, mention
be made of powers functions which shall belong not to the legislative
but to this or that other authority in the State, namely
the Executive or the Judicial

This may be stiled the power-dividing or divisional
mode of restriction.

The object aimed at by the first mode may in an
indirect way be aimed at in the second: and to the object aimed
at in a direct way in the second aimed at in the first.

Identifier: | JB/037/295/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-05-28	Marginal Summary Numbering	1-4
Box	037	Main Headings	constitutional code
Folio number	295	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1822
Marginals	jeremy bentham	Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11510
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