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1824. July 21
Constitutional Code
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1
Copd
Ch. XII. Judiciary collectively
§.16. Eventually emendatory function
☞ The Judge
a Judge depute
2. Appellate and Justice Minister ?
§..16. Eventually emendatory emendative function
Art. 1. Eventually emendatory emendative function. In Ch. XI. Ministers severally §.2. Legislation
Minister, mention allusion has been made, of to the condition in which, and the manner mode in which
by the tacit consent of the Legislature, an amendment proposed
by a Judge Immediate, will, be aggregate acquire the acquire as if made to proposed by
a member of the Legislature, and adopted by the whole or the majority, receive
the force of law, and be aggregated to the body of the laws. Here follow those conditions and that
mode.
Instructions to the Legislator.
Art. 2. As to the occasion, to the mind of a Judge the need of amendment
will most naturally be suggested by presented to the mind of the Judge by
on the occasion of a suit, or in contemplation of a suit, by some
individual whose interest is affected as he conceives in a manner
regarded by him as injurious, by something which in to his
eyes has presented itself in the character of an imperfection in
the texture of the law. But as to every person To a Judge in
belongs of course to a Judge within as per Ch. XI. §.2. belongs
the right of proposing to any effect whatever an amendment to any
part whatever of the law. But by from a Judge as having at all
times under his eye the book of the law in all its parts, the
exercise of this right ought to be considered as matter of obligation
and, in consideration of the checks with which his situation is
encompassed, and the additional here herein provided against
abuse, this Constitution, gives the adoption of in favour of in case of an
amendment proposed by him from the situation which he occupies
gives to silence on the part of the Legislature the effect for
the production of which in the ordinary case express consent is necessary.
Identifier: | JB/042/412/001 "JB/" can not be assigned to a declared number type with value 42.
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jeremy bentham |
j whatman turkey mill 1823 |
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