JB/037/311/001

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1823. June 13
Constitut. Code

For the happiness of the people there is in every security
that can be given is reducible to this one – the supremacy –
or say – the sovereignty – of the people: the sovereignty of the
people, not nominally merely but effective in the form of a dead letter but brought into action
or rather capable of being brought into action as frequently as often as the nature exigency of the case requires and the nature of
the case renders possible.

Altogether inadequate – and with reference to that
only right justifiable and proper end of government unconducive is the
sort of expressed by the phrases division of
power and balance of power.

The phrases Balance of power supposes division of power
and expresses a modification of it; it means that the shares
which are the result of the division should be equal, or as
near to equality as possible. To say the of the power
in question that it there should be a division of it is simply
to say that of it that it should be divided into shares,
to speak of the balance of power as a thing that ought to
be maintained in a state is to say that those shares
of should be all of them equal to one another: for
in a power of scale with equal either the weights
in the two scales are equal, or its what is called a
balance between them has no place: one of them falls, the
other rises.

By those by whom When the phrase balance division of power, were the
of the subject matter of the proposed division no clear precise determination
is given. Is it the whole aggregate mass of power a power
exercised by all the functionaries of the State of all grade put together? or is
it no more than the whole mass of the power exercised by
those who occupy the superior highest grade in the several departments?

Identifier: | JB/037/311/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-13	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	311	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11526
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