JB/042/405/001

Click Here To Edit

1824. April 21
Constitutional Code.

IV
Ch. 5. Judiciary Collectively
§. indicate
function

2

5
Art. 5. Difficult sometimes it may
be to determine whether
the imperfection is in the
design or the expression.
But so long as any
person is at liberty
to give indication of it
in either case, no practical
inconvenience can follow

Art. 5 In some cases it may be matter of more or less
difficulty for a man to satisfy himself whether it is in
the design or in the ordinance made in prosecution of it,
that the supposed imperfection has its seat: but so long
as in any case, any person who pleases is so inclined is at liberty to
indicate the supposed imperfection, and propose what in his
view of the matter is the most apt remedy, whatsoever be
on this occasion the uncertainty, no practical inconvenience
seems capable of liable to resulting from it.

6
Art. 6. Sole cases attended
with material difference
1. Suggester, a Judge, do
not a Judge.
2. If a Judge, a Judge
acting as such on the occasion
in question; or not
so acting: in which case
he is on the footing of a
non-Judge.

Acting as such, unless
he is empowered to act
spontaneously it must
be either in consequence
of a suit or without
suit: but in both cases

But in both cases,
unless be acts spontaneously of his
own motive it must be at
the motive of another
person: naturally if there
be a suit, of a person party to the suit.

Art. 6 The differences and the only material differences seem
to be those which regard the two following cases. 1. The person by
whom the suggestion is made is he an individual other than the a
Judge or is he the a Judge. If a Judge is he a Judge
having actual experience of the matter, or a Judge at large: in
which latter case the footing he stands upon in this respect is not very
materially different from that of the an individual at large. 2. If
a Judge having experience of the matter, it must be, as the consequence except where he
of unless he be empowered to act spontaneously, be either
in consequence of a suit already instituted, in relation to the subject matter in question or antecedently
to any such suit already instituted.

In either of these cases the exercise faculty of exercising of the function in question by
on the part of the Judge is in the nature of the case dependent upon
the act of an individual at large namely the applicant
unless in the one state of things or the other, calls upon the
Judge to give exercise to his authority.

7
Art. 7. Sole case in which
it is here proposed to vest
in the Judge an eventually
valid power of legislation
a party calling for judicial decision
at his hands, either
by a suit, or without suit
In this case on
so far as
the part of b by a party
is proposed to be given to [+]

[+] to the Judge: one initiative to which in the Legislation will add the consumation — giving to an amendment proposed by the Judge the force of law.

In this case, and in this alone, it is here proposed to annex,
to the situation of Judge Immediate in form as well as in effect, a sort of eventually valid
power of legislation: the initiation at any rate, in so far as
the consectuality within what is made requested to be previously done
by an individual, it can be stiled an initiative: to which it is
moreover proposed to add, in default of an initiative actual
or virtual on the part of the Legislation, the consummation.

Identifier: | JB/042/405/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-04-02	Marginal Summary Numbering	5-7
Box	042	Main Headings	constitutional code
Folio number	405	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e2
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13328
Box Contents