JB/037/306/001

Click Here To Edit

1823. June 12
Constitut. Code

When If an endeavour is thus made to direct the legislative
power for the time in question authority of the portion of its power in question as, for, and during
the time in question a point that calls for consideration is –
what is the authority b appealed to? – what is the authority
the exercise of which is meant to be called in
for giving execution and effect to the restriction thus
meant to be imposed?

This The authority thus appealed to can be no other
than either the judicial or the Constitutive. For unless
it be the Executive, there exists not any other in the
State: and as it is the charact distinguishing characteristic
of the Executive to be unreservedly without exception subject and obedient
to the Legislative, and to forbear abstain from action where in so far as contestation
has place in regard relation to right, and so is it of the judicial
to detection take cognizance of every matter in relation to
which a contestation has place in relation to right – i.e. as to what in
relative to the matter in question is to be regarded as the intention will of the legislature.
by

Suppose it now then to be the judicial. In taking cognizance
of the matter in question there are two courses each of which which were each of them
in point of possibility alike open to the judicial authority.

One is – to declare what in the judgment opinion of the Judicatory
was and is at the time in question if referred to the were the legislature
to take cognizance of it the matter would be the act and decision of the legislature.
This may be stated as the a proper and unexceptionable
mode.

The other is, assuming that the will of the legislature was
used at the time being were it to take cognizance as above
would be to decide to such or such an effect – to declare that such decision
is repugnant to the Constitution and as such, it null
and void: that is to say such that by the individuals concerned no
obedience or regard ought to be paid to it, this may be stated as an
improper incongruence and anticonstitutional
mode.

Identifier: | JB/037/306/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-12	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	306	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		Paper Producer	jonathan blenman
Corrections		Paper Produced in Year	1822
Notes public		ID Number	11521
Box Contents