JB/042/436/001

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1824. April 18
Constitutional Code.

++
1

Note
Ch. Judiciary collectively
§.16. Preinterpretative function

Quere if not superseded? 1827 Feb.

Note ( )

Objection to the effect given to these Judicial responses

This is conferring on the Judge — to the whole entire class of Immediate
Judges legislative power.

Answer

Not for the purpose of enlarging Answer the power of Judges but for the purpose of applying
limitation and giving a tangible and determinate and conspicuous form to it is this function proposed
to be given to them

Answer. Not in In a form near by not by a great deal nearly so unlimited as
in all Judicial systems governments as yet known is possessed and exercised
by Judges. What it does is to substitute in relation to
the correspondent parts of the field of legislation the determinate form of Statute
law with the concurrence of the legislature to to the form indeterminate form of Jurisprudential law
made without the concurrence of the legislature.

On the ordinary plan every decision pronounced by a
competent Judge and not reversed or modified by a higher
Judge not only takes effect on the occasion of as to the individual suit
on in the occasion course of which it is issued but, at the pleasure of
any other Judge serves him for as a ground for any general
rule of law which on the occasion of another suit he it may
be his pleasure to exhibit state and refer to as constituting or
helping to constitute a for any such decision
or decree as on that same occasion it may be his pleasure
to pronounce.

But in this state of things no in no instance attention cognizance does the legislature
ever take cognizance of the matter. It leaves All over the field of legislation it
leaves portions of the matter of law to grow up like weeds in
a bog or rather to float in the air without any determinate
form like so many gossamer cobwebs to on which the fish of the
members of the community are suspended.

The consequence is that of this source instrument of perpetual immorality
not only the initiator but the full compleat power of legislation
is exercised by every Judge: exercised as of course and in
a manner without thought: none but the parties their agents and
the Judge now bestowing care or thought upon it

On the here proposed plan, all that the power that the
Judge can in this way exercise in the field of legislation is the indicative:
the acts of adding or refusing the , is placed
or rather forced into the hand of the Legislature. By the publication so given
as
as above to every such response
the Legislator
is summoned to the performance
of this his duty: and in
case of negligence
lation of this duty is
announced regularly made known and denounced to his superior the members of the Public Opinion and of the Constitution authority.

Identifier: | JB/042/436/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-04-18	Marginal Summary Numbering	not numbered
Box	042	Main Headings	constitutional code
Folio number	436	Info in main headings field	constitutional code
Image	001	Titles	note ( )
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1
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	[[notes_public::"quere if not superseded? 1827 feb." [note in bentham's hand]]]	ID Number	13359
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