JB/037/395/001

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1823. June 26
Constitut. Code

Chapter 3
The Sovereignty, in whom.

Art. 1. In this State, the Sovereignty is in the hands of the people.

Art. 2. Art. 1. (a) [The Sovereignty] 1. By the Sovereignty is meant the Supreme
Constitutive function authority: whereby in virtue of which, immediately or unimmediately
it exercises they exercise the people exercise, as will be seen, the locative, and eventually the dislocative
function, in relation to the possessors of all the
several other authorities in the State. For the an exposition
of the word locative and dislocative see Ch.

Art.3. 2. This function the people are competent not only are in the
to exercise and nature of the case capable of exercising, but in divers States are in use to exercise.
with unquestionably good effect. As to any other functions,
legislative, administrative, or judicial, – a state of things
in which the people should endeavour to exercise them
would, under the name if government in name, be anarchy
in fact.

3. All those several powers functions the however, they are capable of exercising,
and exercising with unquestionable advantage do exercise,
by proxy: nam namely by their Agents and Sub-Agents in the several other departments
above just mentioned. See Ch. [Constitution] in Rationale in the Rationale.

4. In that those States alone, in which the Sovereignty
or a share in it is in the hands of the people, or a portion more or less considerable of the people, can any such authority
as the Supreme Constitutive, in a distinct set of hands, have place. In a hereditary Monarchy,
the by in the will of no no choice made by any human being is su any succeeding Monarch
placed in the room of another a the situation left vacant
by a preceding one. So neither in any Aristocracy: unless it is by the
surviving Members fill up that the vacancies, having place in the body, are
filled up: and but In this case, the there is indeed a Constitutive: is but not in hands distinct
from those in which the other functions in the highest grade are lodged:

Identifier: | JB/037/395/001 "JB/" can not be assigned to a declared number type with value 37.
Date_1	1823-06-26	Marginal Summary Numbering	not numbered
Box	037	Main Headings	constitutional code
Folio number	395	Info in main headings field	constitut. code
Image	001	Titles	chapter 3 / the sovereignty, in whom
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	11610
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