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1827. Jany 31
Constitutional Code. Supplement or 2d Edition Ch. VI Legislative
§. 2 Powers and Duties
§. 3 Responsibility
Instructional. Ratiocinative
Art. Power maximized – responsibility maximized.
Intimately connected are These two arrangements: preeminent the good which depends
upon that name. By the maximization of responsibility
all the evil from maximization of power is excluded,
and net maximization of good to the community is secured.
Only in proportion to the quantity of power possessed can
the quantity of good be encreased.
Hitherto, in proportion as above from the magnitude
of the power allotted abuse of it has been apprehended,
the only remedy and regulation that has been employed
has been either simple diminution of power, or division of it.
But from by both these expedients, great has been the evil produced
allotted.
Art. Examples of diminution of power.
1. Declared unsuitability of this or that arrangement,
in particular, of the whole of the Constitutional Code.
Instances. 1. French Revolutionary Assembly
2. Spanish Constitution
3. Portuguese first Constitution. Quere?
Art. Examples of division of power
1. Board in general. See Ch. IX Ministers collectively.
§. 3. Number in an Office
2. In the Anglo-American Union, division of locative
power between the President and the Senate: Hence
distinction of responsibility: and in the hands of the Senate incongruent
of powers which ought to be kept separate: viz locative
power and judicial power over the locatees.
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