JB/037/392/001

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1821 April 26

In the case of the Supreme power under a Democracy,
– under a Representative Democracy – for the mode of appointment
including in it as it does, as the result of one and the same operation the mode of removal, the leading principles
have been already given.

In this instance and this alone it is manifest that
those two intimately connected powers cannot be in other than
the same hands.

In the case of the Judiciary Establishment, what
is proposed is that the power of appointment being in a single
hand, the power of removal shall be in the hands of a numerous
body exercised the same as that in which the right of appointment
and thereby in conjunction with it the power of removal with
relation to the Members of the body by which the supreme operative
power in the state is exercised, – that this power be in those
same hands and exercised, as nearly as the nature of the case
admitts, in the same manner: For the scheme of distribution
thus composed – and for each of its two so intimately connected
yet so perfectly distinguishable and separable parts, reasons have
on that particular occasion been given. Though not as an original
to be copied for the several other commonly distinguished
and separated departments of Government – and for the several
distinguishable branches of Constitutional law applying to those
several departments, – this same scheme of distribution,
though not in the character of an original to be copied, – absolutely
and compleatly copied – yet, in the character of a precedent
and standard to be referred to, and in that of a source
of information to be drawn upon may, it is hoped, be employed
not without advantage. In so far as the same circumstances
have place, the same reasons will apply, and the same
arrangements may be employed to advantage: proportion in so far as
circumstances differ, reasons will differ, and different arrangements will require to be employed.

Identifier: | JB/037/392/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1821-04-26	Marginal Summary Numbering
Box	037	Main Headings	constitutional code
Folio number	392	Info in main headings field	first lines
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
Penner	john flowerdew colls	Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public		ID Number	11607
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