JB/037/313/001

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1823. June 13
Constitut. Code

The three powers: the legislative – the executive and the
judicial it is said they will tell you ought to be kept separate and independent, and
separate (it is added) they actually are kept in the British
Governments. Thus for theory made to serve a purpose.

But If they were not only separate but independent they
really where, the use of the judicia executive and of the judicial
would be taken done away have no place, namely giving execution and effect
to the ordinances issued by ensuing from the Legislative. The government,
security would be substituted: if in case of disobedience
on the part of those subordinate functionaries, the legislature had
it not in its power to dislocate them, and substitute to this
others by which the services for which they were appoi they were designed and expected to render
would be performed.

If any deficiency in the degree of the supposed necessary requisite separation has
place it will be either by the legislatures taking upon it to
exercise the function of the executive and the judicial
respectively, or by their taking upon themselves to exercise
the function of the Legislative.

The subordinate ought not in any case to take upon
themselves definitively absolutely the function of the legislative: in them
doing so there can be neither necessity nor use, nor anything
but confusion and mischief.

But the cases there are, in which the legislative might
may, and ought to should, take upon them itself the function as well of
the Executive and of the Judiciary Judicial: because for there are cases
in which, were it not so to do its own authority, would be
without execution and effect – it would itself be without efficiency
and or use.

Of these cases there are two: 1. where the will of the
functionaries in the subordinate department opposes itself to the will
of the functionaries in the superordinate department: 2. where the
exigency of the case in respect of time or appositeness of appropriate information
will not admitt of its operating no otherwise than by the intervention
of the agency of those same subordinates.

Identifier: | JB/037/313/001 "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	313	Info in main headings field	constitut. code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11528
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