JB/042/408/001

Click Here To Edit 1824. July 15
Constitutional Code.

1o
1
Ch. XII Judiciary collectively
§. 17. Melioration suggested

Art. Maximizing
the good Legislature
will be intent on minimizing
the evil effects
the melioration-promoting
system; and one applying
if needful, appropriate
remedies.

Art. While maximizing the good effects of this meliorative
promoting system the Legislature will be upon the watch
for the evil effects which it may be found capable of producing,
and in case of need will apply the appropriate remedies.

Art. 1. Evil effect 1.
Amendments become so
numerous, for want of
adequate attention, ill
considered now becomes
law.

Remedy: confining
them to the case where
suggested by a suit decided
on: Improbable then
that all these judicatories
should be thus insensible to duty.
Art

1. Evil effect 1. A Judicial-amendment-propositions so numerous,
that for want of adequate attention on the part of the
Legislature, prop ill-considered propositions acquire the force
of law. Remedy in this case, requiring the existence of a
suit following by a decision, as a condition to the transmission
of any such proposed amendment. Altogether improbable then:
improbable that it can not take place but in so far as Judges mandate and Appellate
and Justice Ministers are insensible to this duty: and no two members are found
sensible to it.

Evil effect 2. For distinction,
or in concert
with oth sinister interest
in others, Judges interfere
on parts of the field as to
which they are not likely
to be adequately instructed.
Example. Revenue La
Politico-Economy Laws
having for their object maximizing
national Wealth,
and minimizing sufferance
from conflicting interests of
producers and commercialists. 2. Army
matters. 3. Navy matters
Remedies apparent
1. Consummation refused
to amendment as to certain
individual portions of the
field of legislation.
2. Power Rogative power extended
to Ministers in the
several departments.

2. Evil effect 2. Through the desire of destruction, or
by concert with individuals interested, Judges interfere in this way in
matters belong to the field of Revenue or to that of Political economy, or
some other part of the field of Administration with in respect of which it is
not natural that their knowledge restitial aptitude should be
so considerable as that of the Ministers belonging to the several
Sub Department in question.

Remedies. 1. Monetary provision ordinances tending to restrain
such interference: or 2. Recommendation Power given to any
one of the several Ministers to render the proposition ineffectal
by his negative.

3. Evil effect 3. On the occasion of the exercise of the
predisprelation function, injustice resulting for want of due notice
to parties whose interests are have been affected by the amendment.
Remedy. This will be indicated by the particular nature of shape taken by the
evil whatever it may be.

Art. Evil effect 4. Shock [+]
[+] to general sense of security by retroactive effect given to those amendments in evil cases. Remedy. The shape of the remedy will take its shape from the evil.
Throughout the whole field such is the effect of Common Law.

4. Evil effect 4. In the case of any immediate A shock given
to the general sense of security by a retroactive effect given by to a
decree pronounced by in virtue of which a retroactive effect is given to an amendment
proposed. Remedy. This will likewise be indicated by the particular
taken
taken by the evil, whatever
it may be.

Identifier: | JB/042/408/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-15	Marginal Summary Numbering	not numbered
Box	042	Main Headings	constitutional code
Folio number	408	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c3
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1824
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1824
Notes public		ID Number	13331
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