JB/042/445/001

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1824. July 11
Constitutional Code

+ 1o 2o
I
Ch. XII Judiciary Collectively
(1) (4 §. Preinterpretative function

T Supposed Superseded.
Rationale

Rationale

Art. Good effects producible
by the extraordy
in contradistinction to
ordinary judicature.

In a word considered in contradistinction Of the good effects
producible by the exercise of their extraordinary functions considered
in contradistinction to the ordinary function of judicature the
examples are the following

1 Excluding a boundless
mass of disappointment;
viz. to parties
on one side; and of
vexation and expence
of litigation to do on both
sides.

1. Saving a party or parties from disappointment to the evil
of which no limit can be assigned: and from those disappointments
and at the same time from legislation.

2. In case of litigation,
confining the constitution
to the question of law
saving vexation and
expence of evidence as
to facts.

2. Even, in case of litigation i.e. contestation where the amendment contended is in many cases, confining restricting the
contestation to the question of law: for by this restriction, the expence
of proof and contestation a to the question of fact; will frequently
be rendered manifestly useless, and thus saved.

[3. Instead of being left to depend altogether upon the opinion
and will of the Judiciary — in the first place of the Judge Immediate
in the next place of the Judge Appellate, the interest of the party
or parties is brought expressly determinately and individually within the view
of the indisputably competent authority — that of the Legislature.]

9 4. In proportion to the extent of the field of action covered
by the decision, there is the good effects of the legislation then peformed
in detail are the same as those of legislation taken in its
totality: if legislation in those cases is not beneficial, neither is
it in any other cases.

3. Excluding legislation
as commonly performed by Judges
in practice of interpretation.

3 5. Obviating Excluding the practice of legislature by
Judges on pretence of interpretation

4. Opening the initiative
to men more
conversant than the members
of the Legislature
in general can be expected
to be in the detail
of cases presenting a
demand for legislation.

6. Giving extent to the
number of the person
paying attention to the
field of legislation, and
the appropriate operation.

4 6. Committing the Opening an initiative on legislation
to a class of man more numerous and better more extensively
conversant with than the members of the Legislature with the details
of cases primarily a demand for legislation, and much
more numerous.

5. Committing in those
cases the appropriate penmanship
to hands more generally
exercised in it.

5 7. Committing in these cases the wording of proposed amendments
to hands more generally exercised in b appropriate
penmanship.

7. Giving encrease to the
importance of Judge Depute
Permanent; thence to well
informed minds inducements
for accepting unpaid situations.

6 8. Giving encrease to the importance of Judge Depute permanent,
and thence to the
form of the inducements
to well informed minds
to accept these unpaid
situations.

Identifier: | JB/042/445/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-11	Marginal Summary Numbering	not numbered
Box	042	Main Headings	constitutional code
Folio number	445	Info in main headings field	constitutional code
Image	001	Titles	rationale
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / e4
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::"supposed superseded" [note in bentham's hand]]]	ID Number	13368
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