JB/042/422/001

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1827. March 12 Nov. 16.
Constitutional Code.

++ 13
11

Ch. XII. Judiciary collectively
§.20. Eventually emendative
function

23

Ratiocination
Art. 23. Art. 26. Objection . 1 Objection.
Supposing this power established function conferred it will be in the power
of a small section of the Judiciary establishment
of a Justice Minister with the assistance of without need of other
assistance other than that of one Judge Immediate and one
Judge Appellate, to go out of his proper sphere and form a party
against in opposition to the legislature by bringing on the carpet this or
that arrangement or this or that part of the field of
legislation in which the people take a more than ordinary
lively interest law on which the public mind [+] or is changed to
[+] taken already is already taking, or may
be brought to take an
interest dangerous to public
tranquillity
: evil consequences, the community kept in a state of
perpetual ferment

Answer. The evil will work its own cure. It will
depend upon the If happens to the
Legislation To any any consequence from this source it
would remain in the power of the Legislature, with every
desirable facility to find an end at any time
purpose Measures of severity would be necessary, none. A
simple determination not to take the matter in question
for a subject of discussion would suffice: once expressed, it would without difficulty be revived as often
as the obnoxious proposition
made its appearance.
Sufficient for
the production of this effect would be the motion of one
member seconded by another one other, and acceded to
by a majority of the remainder. The supposed turbulence the impression could the
functionary — the Justice Minister — make on the Legislative
body, unless there were in that body a party activated
with by wishes to the same wish effect: and if there were, the
of no evil in this shape would function thus conferred be
supposed evil would be might be production without him
production on the functionary in question to production the case being that it would equally
have place without him.
His means of influence are not so great as those of the
that which belong to every member of the Legislature. To every
member belong the rights of speech: having speech auditory specific argumentation, and motion in
the assembly; to the Justice Minister, not one of those rights
had he every every one of them, he would be little higher than upon
a
a par with every other
member of the Assembly.

Art. 24.

Identifier: | JB/042/422/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1827-03-12	Marginal Summary Numbering	23
Box	042	Main Headings	constitutional code
Folio number	422	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e11
Penner	jeremy bentham	Watermarks	j whatman turkey mill 1826
Marginals	jeremy bentham	Paper Producer	admiral pavel chichagov
Corrections		Paper Produced in Year	1826
Notes public		ID Number	13345
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