JB/041/449/001

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1823. May Constitut. Code Location F Ch XXV Justice Minister III. Rationale §. II Located by whom.
1. Why in Legislature.

Ch. Justice Minister
§. Locality whom

1.
Question — Of Justice
Minister, location why
in Legislature — not in
Constitutive, nor in Ex-
-ecutive Chief?

2.
Answer. Reasons.
I. Why in Legislature —
1. Use of this office, giving
execution and effect in
the surest manner
to Legislative will in
the case in question:
viz. that of contestati-
-on between party and
party concerned: i.e.
where, instead of ob-
-sequiousness, it experi-
-ences contestation.

3.
In each individual
instance, suppose that
will ascertained, obse-
-quiousness can not
be too sure, nor too
prompt.

4.
Thence, the dependence
of this functionary on
legislative can not
be too immediate.

5.
On any particular
occasion, suppose the
will of the legislative
adverse to the interest
of the greatest num-
-ber, the sole proper
appeal is — not to the
will of any one func-
tionary, such as the Ex-
-ecutive Chief, but to the
whole Constitutive.

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Ch. Justice Minister
§. Located by whom

6.
Sole reason for not
giving to Legislative
this function, in addi-
-tion to the Legislative,
want of adequate time
in their case, as in that
of the Constitutive.

7.
Of that reason, no
good imagined to re-
sult from the lessening
of their power, forms any
part. The only mode of
lessening their power
without lessening the
beneficial exercise of it,
is the placing over them
the power of the su-
-preme constitutive

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Ch. Justice Minister
§. Located by whom

8. or 1.
II. Why not in Constitutive?
Answer. Reasons.
1. Want of time for this, in
addition to constitutive

9 or 2.
2. Note, by want of time,
is here meant want of
time - not for the mere
exercise of this function,
but for acquiring intellec-
-tual aptitude: i.e. appro-
-priate knowledge, and
do judgment.

10. or 3.
3. In people at large,
interest exerted by the
disposal of power in
this case will not be
so great as in that of a
Member of the Legislative:
thence, the information
brought before them in
their Public Opinion Tri-
-bunal by the leading Mem-
-bers will not be so great
in this case as in that.

11. or 4.
4. In the giving effect to
Legislative's will, more
interest will be taken by
Legislative itself, than by
constitutive.

12. or 5.
Except in regard to mem-
-bers of the Legislature, it
is essential that locative
and dislocative power
with relation to the same
situation, be not in the
hands of the same bo-
-dy. See as to this, the
case of the Justice Mi-
-nister.

[. Note two situations,
in relation to which,
they are proposed to be
in the same hands:
1. Legislature - Members of-
2. Ministers.]

Identifier: | JB/041/449/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1823-05	Marginal Summary Numbering	1-7, 8 or 1 - 12 or 5
Box	041	Main Headings	Constitutional Code
Folio number	449	Info in main headings field	Constitut. Code Location I
Image	001	Titles
Category	Marginal summary sheet	Number of Pages	1
Recto/Verso	"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.	Page Numbering	E1
Penner		Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	001
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