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1823. June 12
Constitut. Code
This then would not be consistent with his situation. But
that which would never be inconsistent with it would be an appeal
if not direct, at any rate virtual, to the superior and permanent
authority – the Constitutive. By a declaration that in
his opinion, that which he had been directed to was wrong, whether
by reason that in and by the delivery of it the Legislature had transgressed
the a its authority, or that though by the ordinance was not
its authority was not transgressed though no such transgression had place, the effects in his judgment would be
to such a degree evil that it was his wish their common
superiors should take cognizance of what had been done
– by a declaration then to any such effect no transgression
of his authority would be committed. Of such any such
declaration the terms would of course be decorous and appropriately adequately
respectful: if otherwise, in the opinion of the Public
Opinion Tribunal he – the Judge, would of course be the sufferer
– not they – the Legislature.
In a case of this sort – a case which under every Law Constitution
is liable to occurr and to occurr with sad frequency
– under any no other Constitution is there any remedy.
But under the here proposed Constitution there are two plain
remedies: the dislocative power, and the eventual punitive
power given to exercisable under it by the Constitutive over
the all other functionaries: belonging in a word, responsibility of
the Members of the Legislature in both those modes.
Identifier: | JB/037/308/001 "JB/" can not be assigned to a declared number type with value 37.
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jeremy bentham |
j whatman turkey mill 1822 |
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jonathan blenman |
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