JB/042/131/001

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1823. May 22

Constitutional Code.

6.

True, under a government
arranged as
here, in other respects,
sooner or later mischief
from this as
from every source
would find remedy:
viz from Public Opinion
Tribunal.

But to the application
of the remedy in this
case, a constant party
struggle would be
necessary. The locating
party successful,
redress none: do. successful,
then one party
judge would succeed
to another do.:
oppression and depredation
might be in
part extinguished:
but also in part they
would only change
sides.

7.

Against such evil,
insufficient would
be the remedy by Appeal:
for

1. By the inseparable
expense, vexation &
delay, the application
of the remedy would
be limited.

8.

2. The danger from
party influence applies
also to the Appellate
Judicatories.

9.

3. Want of intellectual
aptitude.

On this point, Constitutive
is altogether
deterred from competing
with Justice
Minister.

See the list of his
functions.

10. or 1.

II. Why not in Legislative?

Reasons-same in
kind as those applying
to Constitutive:
only not so strong:
yet sufficient.

[ Quere - if not stronger?]

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11. or 1.

III. Why not in Executive
chief?

Answer Reasons

See do. applying to situation
of Justice
Minister.

For the functions,
Executive Chief wd.
have to look to the
exercise of, in addition
to his own and
those of his subordinates
the Ministers,
see Justice Ministers
functions.

12. or 2.

Amongst functionaries
of the Administrative
department,
as to what regards
official duty, contestation
in neither desired
nor expected:
for impartiality there
is therefore no demand.

Not so in the situations
of Judge: the
contestation is certain:
only for the
termination of it
is the office instituted.

Here there is the
demand for impartiality,
and for independence.

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Identifier: | JB/042/131/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-05-22	Marginal Summary Numbering	6-9, 10 or 1, 11 or 1 - 12 or 2
Box	042	Main Headings	constitutional code
Folio number	131	Info in main headings field	constitutional code
Image	001	Titles
Category	marginal summary sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d2
Penner	john flowerdew colls	Watermarks	j whatman turkey mill 1824
Marginals		Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13054
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