JB/042/448/001

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1824. July 13
Constitutional Code.

2o
I
Ch.XII Judiciary collectively
(4) (7 § Preinterpretative function

Objection. The consummate power being then added to
the , the compleat power of Legislation is thus
add given to the Judiciary. Answer. Yes. but were it not for the negative
reserved to the Legislature, and the constant and express call upon
that authority for the attention to the subject. But the fact truth
is — that by the p here proposed institution the power of Judges,
so far from being encreased, is suffused: and this was accordingly
one of the objects one principal object in view. In general the Judges do what no to law the Judge or Judges who are
they please, they legislate no effect and the end has the they by/and do on every in effect occasion whatsoever/exactly what they please: whatsoever happens to be most in accordance
with their own
sinister interests, sinister
Associations and interest-together
prejudices. in effect they act as
of legislation the power they exercise is still left legislators, and without any of those checks which apply to Legislators:
clearly than that of the Legislature. On this point exactly They do exactly as they please, and whatever it is the here proposed
that they do never does the Legislature bestow any upon it so much as a
thought. Yes if any influential member of the Legislature sees his own particular interest disadvantageously
affected by it:
for in that case these
would be step enough:
but so long as any such
effect escaped observation
but except any effect
of this sort happens to be
desired — and no one
has any leisure to lost
for it, the fate of the people are is
left without recourse
left to the mercy of
their necessary and
ever implacable
enemies. On the here
proposed plan
nothing could ever have the force of law that had not been presented
in to the eyes of the Legislature: at the same time
the yet a vast quantity of time, which, in the case of an article of
proposed law proposed to the Legislature by miscellaneous and less inexperienced
or less experienced hands, would by the expedient of entering silence
non- non-rejection for adoption, be saved.

Under the French Charter which in the Constitutional branch
of law stands excluded from all chance of melioration, and condemned
to an endless course of pejiration [by the exclusive possession of the till it reaches over more than
given to the King in regard to the bottom of the abyss of despotism, penal and the civil branch is by the same cause
in some part degree preserved from unwieldiness and confusion. This
cause is the confining to the King that initiative which in England
every Member belongs of right to every Member of Gothe Legislature.

14. Objection. Added discussion
being thus added to the :
the compleat power of
legislation is given to the
Judiciary.

Answer. No. Yes: but
for the Legislature's negative
and the compleat and
express call for its
attention: and the other
negatives as above.

16. Use. Checking the arbitrary
power in the hands
of Judges. In general Anglicé, partly for
want of the legislative attention
being called to
these proceedings, they do a Judge
on each occasion doing whatever
best suits his particular interests
or interest — by other prejudice: no member
of the Legislature bestowing a
thought on it, unless where his own
particular interest, in some
shape or other presents itself
as being affected: [+]
[+] Thence are the people left at the mercy
of these their necessary and ever implacable
enemies.

157. Use. Saving Lessening the time consumed
Anglicé by the part taken in
Legislation by miscellaneous and absolutely
or comparatively inexperienced hands.

168. Use. Saving Lessening the ,
intricacy, voluminousness
and confusion produced by that
same cause.

19. Gallice by the confining the initiation
to the Kings instruments,
though vastly preponderant evil is produced,
still the evil from those two
sources are lessened.

Identifier: | JB/042/448/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-13	Marginal Summary Numbering	not numbered
Box	042	Main Headings	constitutional code
Folio number	448	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4 / e7
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		ID Number	13371
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