JB/042/254/001

Click Here To Edit

1825 Nov. 8
Constitutional Code

2o
Ch. IX Ministers}
Ch. XII Judiciary }collectively
(8 §.5. Number in an Office the Judicatory
Rationale

20
Art. 20. Now for English
inconsistencies
1. With the exception
of the House of Lords
judicial power, retained
by it in its
quality of means a
branch of the superior
legislative authority
the superior aptitude
of a single seated
Judicatory is recognized
in the instance
of the Chancellor,
who is at the head
of the Judiciary, and
has virtually the locative
power as to
all the other great Judicial
situation

(1)

Reason could a non
interest of justice this is manifested in the constitution of the
House of Lords.

Under the English system the aptitude of single
seated judicature is recognized in the most exemplary manner in the most exemplary instance

On the occasion of all suits called Equity suits
the Judicature of one is preferable be that of even other and greater
number: accordingly so and English suits are those in which
in question of in respect to property and if the greatest importance were
determined accordingly those same it is to the
judicature of a single Judge the Lord High Chancellor
that those same Equity suits are allotted.

But on the occasion of those same suits, the
judicature of a multitude is preferable to that of one
and provided it to be a multitude it is no matter
how great nor how small such multitude is: accordingly
to the power of the House of Lords is committed
the power of over ruling and setting at nought
the exercise given to the judicatories of one by the same
Lord High Chancellor

Nor yet is of this always consistently great
m multitude of Judges is the of the legislature
or the will the will of the legislature. Of one of the its three
branches yes, but of that the whole is the least influential
having no more than a vote upon the will of the other in
which alone any legislative operation all business of prime importance may

21
Art. 21. Yet for the same
class of suits, four seated
is preferable to single
seated. Witness the Exclusion
Court

A circumstance indeed by which the efficiency of the
the power of the House of Lords multitudinous judicatories of restricting the acts of the
single seated judicatory is that of of its proceedings being
in every case the under the direction of the Judge to whose
will this overacting power which it possesses applies itself.
But

But the
Justice exposed undertaken by the
But this encumbrance
is that of the Appeal
by which in case of
misconduct the party
misconducting himself
is supposed to be at
all times disposed to change and nulifying it; failing which dispensation no abuse or grievance of which that pain situation or the suit suit and source can have received a
remedy.

[|] a circumstance which
would have its inconvenience
in any plan
in which appropriate
aptitude was less consummate.

[+] a multitude
which can not be
less than those now
which may be as great
as about three hundred

Identifier: | JB/042/254/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1825-11-08	Marginal Summary Numbering	20-21
Box	042	Main Headings	constitutional code
Folio number	254	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e8
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13177
Box Contents