JB/041/263/001

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1825. Jany. Feb. 4
Constitutional CodeCh. XIX. Govt Adv. General

Rationale

Question. Why give to the Government Advocate
General the power right of appealing to the Justice Minister
against an act of dislocation exercised in relation to
him by the Prime Minister?

Answer. Reasons. 1. To prev ent obviate the
danger of an act of dislocation originating in sinister
motives: such as for instance 1. personal distastes
2. desire of making provision for an intimate connection a relative
or dependent.

In consequence of such right of appeal dislocation
of the ground of deficiency or want of appropriate aptitude in any
one of its branches could scarcely have place unless the
Legislature and the Public Opinion Tribunal were satisfied
of the existence of such deficiency.

True it is, that the state of things produced
would be full of inconvenience would be to an indefinite
degree prejudicial to the public service, if by annulling
the act of dislocation the Justice Minister were to fasten
upon the hands of the Prime of Minister a Subordinate
in whose hands he could not be assured of compliance.
But to the Justice Minister, and at the same time to the
Legislative and the Constitutive authorities the existence of this danger
would be altogether manifest: in such sort that the
danger of an unadvised act of relocation
on the part of the Justice Minister seems altogether
too inconsiderable to the formidable.

The act here in question is of the number of those, in
the case instance of which, so the power be but established, the probability
of the happening of any occasion for calling it into exercise
is extremely small: at the same time that if no such power were in existence, evil from the want of it might be highly probable:
and this is the best
state of things that
can be desired.

Identifier: | JB/041/263/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1825-02-04	Marginal Summary Numbering
Box	041	Main Headings	Constitutional Code
Folio number	263	Info in main headings field	Constitutional Code
Image	001	Titles	Rationale
Category	Text sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	C3
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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