JB/037/307/001

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1823. June 12
Constitut. Code

This may be stated as an incongruous and anticonstitutional
mode. For by a Judge at by whom a declaration decision to any
such effect shall have been pronounced, an authority will
have been assumed superior to that of the Legislative: assumed
an authority endeavoured to be exercised over the Legislative,
by one who is no more than a locatee of a locatee of that same legislative. It would be
a of the number of those cases in which by the Minister
Justice Minister the dislocative function ought to be employed in
the dislocation of such offending insubordinate and transgressing Judge.

So long as it appears more or less probable that the intention thus attributed
by the Judge to the Legislature may in fact have been
or would in fact be the intention of the Legislature, all this is
well. But a case is not difficult to conceive in which
any such declaration on the part of the Judge would be to all
eyes be inconsistent with sincerity. What in such case should is the
proper course? be done?

There remains it should seem but one course and that is
for the Judge with the deference suited to the two situations in
question namely his and theirs – to state which in his
view of the matter would be the evils resulting from he giving
execution and effect to the legislative ordinance and arrangement
and ordinance in question, praying for further orders directions and
in the meantime if on either one side nor irreparable damage should
ensue from obedience execution compliance to the ordinance in question, what now
would ensue from disobedience non-compliance, to take measure accordingly
reporting what they are and for wha reasons.

On receiving such report from the Legislature Judge
suppose one the Legislature (suppose) perseveres and restricts
his order, shall he persevere in withholding compliance? he
For this, would as above, be inconsistent with the nature and design of the
correlative situations: and if they were permitted, it would depend upon the
Judge at his pleasure
to divest the Legislature
of its authority: at any
rate within the local field
of his jurisdiction.

Identifier: | JB/037/307/001 "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	307	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11522
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