JB/041/510/001

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1823. May 24
Constitut. Code

Instructional. Ratiocinative.

Art. II. Why, not in the hands of the Constitutive?

Answer – Reasons

1. On the part of the Constitutive, want of time: namely want
of time for the exercise of this function, in addition to that paramount function from which their authority takes its denomination,
as applied namely in its application to the authority of the Supreme Legislative, as also – as will
be seen in its proper place, in its application to the local legislatures the Sub-legislatures.

2. Note this here a distinction. Not to in the want of time the for
the bare bare exercise of this function does the efficient cause of inaptitude
consist in this instance: only in the want of time for the
acquiring the appropriate knowledge – the appropriate materials for apt
judgment: in a word for acquiring adequate intellectual aptitude.

3. By the here proposed function of On the part of the people at large by the here proposed function of the Justice Minister, notwithstanding its importance
no such general extensive and intense attention will on the part of the people
at large no attention will be attracted equal in intensity and extent to that
which will of course be attracted by the function of members
of the Supreme Legislative: no such ample means of judging
will therefore in this case be put into the hands of
the people by the discussion carried on, in the Public Opinion
Tribunal by the leading Members.

4. The object or end immediately in view thus giving execution
and effect on each occasion to the will, whatever be the subject, of the Legislature
itself, the degree of interest with which the legislative will see to the execution
of its own will, will naturally be greater than any interest
with which the members of the constitutive would see
to the execution of a will in the formation of which they had
not any of them any immediate share.

As in the instance of every other head functionary it is essential
that the power of dislocation should be in the hands of the
Constitutive. But it is moreover essential that in this case the
power of location should not be in the same hands as is the
power of dislocation. Why, it should not be so in the case
of the situation of Justice Minister, by whom it is proposed that the several
Judges be located, will
appear from the reasons
which will be hereinafter which more will be seen more
clearly when applied
to the situation of the
Judges themselves.

Identifier: | JB/041/510/001 "JB/" can not be assigned to a declared number type with value 41.
Date_1	1823-05-24	Marginal Summary Numbering	8 or 1 - 12 or 5
Box	041	Main Headings	Constitutional Code
Folio number	510	Info in main headings field	Constitut. Code
Image	001	Titles	Instructional Ratiocinative
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	E2
Penner		Watermarks
Marginals	Jeremy Bentham	Paper Producer
Corrections	Richard Doane	Paper Produced in Year
Notes public		ID Number	001
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