JB/042/409/001

Click Here To Edit 1824. July 14
Constitutional Code.

1o
1
Ch. XII Judiciary collectively
? 4 §. 17. Meliorative Suggestions

5
Art. 5. When to a Judge
Immediate application
is thus made, not
always will it be clear
whether the relief sought
can or can not be administered
without alteration
in the law: thence,
whether on the part of
the applicant it is consultative
or amend
a meliorative suggestion
nor is it worth determining: implicated
since every person
having a right to propose
such amendment to the
Legislature, may as
well do so through the a
Judge as not.

Art. 5. If it be in char When app as above, an application
of the extraordinary kind is made by one individual to a Judge Immediate,
it will not always be clear whether the application is consultative
or for meliorative-suggestive: whether the relief sought
can or can not be administered without alteration made in
the text of the law: nor yet is it material: for as in a
direct way every man has a right to propose to the
Legislature an in amendment to any part of the law in a direct
way, so may be, and without inconvenience with advantage through the
medium of a Judge.

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Art. 6. Naturally any
such applicant will
have a special interest
in the amendment suggested —
which interest
may or may not appear
from his explanation
of the case. No necessary
subject of enquiry is
the existence of any
such interest, nor thence
the truth of any statement
as to it. Sufficient
is the naturally probability
of some individual
case coming within the
general words of the
amendment proposed.

Art. 6. In this case to warrant a natural incident
is that the applicant by the applicant, for the better ag explanation
of his the supposed amendment, should bring to view the
par to the extent more or less considerable the particulars of some
case in which he has an interest, and by which existence of it the imperfection
ascribed by him to the law was suggested. In this
case, it is not of necessity matter of enquiry for the Judge, has
the in point of fact the statement so made is
correct. What is sufficient is a conception on his part, that
a case of the nature of that in question either has place somewhere
or other or is presents a probability of its having place
in some future time: seeing that in the case of all terms of a
general nature that which appears presents itself is more or
less likely to have place as the subject matter and ground of
the arrangements taken as and ordinances passed in consequence.

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Art. 7. Example. case mentioned
in Pussendorf and elsewhere.
Law forbidding under
a penalty drawing blood
in abstract Observing its looseness.
for amendment [+]
[+] a Surgeon proposes an exemption in favour of medical practice. No matter whether on any such occasion he has ever been called on, or expected to be.

Art. 7. Example a case mentioned by in Pussendorf and elsewhere
Law, forbidding under a penalty, drawing blood in abstract. A Surgeon Observing
the looseness of it, a Surgeon, for amendment proposes an exemption in
favour of medical practice. No matter whether the on any such occasion
the Surgeon in question ever had been, or ever expected to be called in. For other
examples see §. 18. .

Identifier: | JB/042/409/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-14	Marginal Summary Numbering	5-7
Box	042	Main Headings	constitutional code
Folio number	409	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4?
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13332
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