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Ch. VI. Legislative.
§. All-embracing Instructn
1.
Best way of bringing
to view means of good
management in legislation,
stating the evils
from bad management,
with the remedies.
2.
Management, analogous
to legislative, judiciary.
3.
Evils judiciary is
exposed to —
1. Misjudicative
2. Non-judicative,
where due.
Needless to say, vexation
and expence.
Opposite to the direct
end of judicature (viz.
execution and effect to
substantive law) —
1. Misjudication, and
undue non-judication.
2. To the collateral,
needless delay, vexation
and expence.
4.
So evils legislation
is exposed to —
1. Mislegislation
2. Non-legislation, where
due, needless
3. Delay, vexation and
expence.
5.
Under these general,
come specific evils
and remedies. Between
the two lists, want of
correspondence will
be observable. Reason,
The same evil requires
divers of the remedies:
2. The same remedy
applies to divers of the
evils.
6.
Topics exhibiting the
remedies — considerations
object — obviating the evils
legislation is exposed to —
1. Term of service.
2. Attendance.
3. Self-suppletion.
4. Continuation Committee.
7.
Causes of non-judication
where
1. Inaction, notwithstanding
just demand.
2.
non-demand, where demand
would be just.
8.
Causes of non-demand
where demand wd. have
been just.
1. Inability by reason of the
expence — or
2. Disinclination:viz.
thro' fear of misjudication
in so far as it has for it's
cause a vice in the
judicial system.
9.
Misjudicature — it's
shapes.
1. Rejection of a just
demand: or
2.Satisfaction of an unjust
do.
10.
Non-judicature it's shapes.
1. Leaving unsatisfied a
just demand, or one w<hi rend="superscript">h
wd. have been just, if
made; but thro' inability
or disinclination, as
above, was not made.
11.
Cause of non-judication
if internal, relative inaptitude,
opposite to one or
more of the branches
of appropriate aptitude.
12.
So, in case of mislegislation
etc.
13.
Remedy to antecedent
inaptitude, the Election
system.
14.
Now as to concomitant —
the internal
or external inaptitude
is corruption. Intrinsic
cause of intellectual
and active inaptitude
is either non-informedness,
or misinformedness.
15.
Cause of non-informedness,
is either —
1. Intrinsic weakness,
or 2. want of appropriate
experience.
16.
Cause of comparative
inaptitude in all
shapes, want of competition
among proposable
candidates endowed
with appropriate experience.
Remedy, exclusion of all
non-endowed, so soon
as any can be had
endowed.
As to this see §. ___ Relocable
who: to wit those
alone of whom, they
having had the experience,
experience has
been had.
17.
Against corruption
remedies.
1. Sitting generally public.
2. Terms of Service, short.
3. Dislocability.
4. Temporary non-
relocability, as above.
For the reason why
dislocability alone will
not suffice, see §. ___
Relocable who.
5. Votation public.
6.Attendance unintermitted.
18.
II. Delay, vexation and
expence in judicature these
Evils — Delay — it's evils in
Judicature are c Certain
1. in so far,non judicature:
add in so far the evil
of misdecision to pursuer's
side. —
Vexation & expence.
II. Contingent.
1. Ultimate misjudication
through deparition of
evidence.
2. Injustice to pursuer,
he dying before judication.
For the remedies to the
evils to which judicature
is exposed, see Ch. XII.
Judiciary Collectively &
the Chapters following.
19.
Delay — it's evils in legislation.
1. Certain evils.
1. In so far, those of non-
legislation and mislegislation.
Suppose a proposed law,
instead of beneficial,
maleficial — still, delay is
comparatively an evil:
proper remedy rejection.
II. Contingent Evils.
Through deparition of
evidence, mislegislation or
undue non-legislation.
20.
Cause of delay, vexation &
expence 2. On the part of
the whole body.
Needless intermission
of appointed attendance
of the whole body. Remedy.
Sittings never intermitted.
Occupation in needless
& undue operations.
Exclusion of all such
unappropriate matters.
Needless termination of
legislative inquiries
before the matter has been
made ripe for decision.
Remedy, provision for
continuation by succeeding,
of all proceedings
left unfinished by
preceding legislatures. See
§. ___ Continuation Committee.
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