JB/042/455/001

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1824 July 17
Constitutional Code

+ A 1o
IV
Ch. XII Judiciary collectively
(1 §.19 20. 21. 22
§ 17 Meliorative
§. Preinterpretative

1st Supposed Superseded 1827 Feb. 5.

§.16. Emendatory function
§. 167 Sistitive or execution-staying function.
§. 178 Meliortative suggestive or eventually emendatory function Preinterpretative function

Instructions to the Legislator
as to these and the two following Sections

1
Art. 1. Service for the
rendering of which judicial
power is conferred, giving
execution and effect to
Legislative Ordinances, in
so far as their import
or the application of them
to the individual case
is an object of contestation.

To give execution and effect to the ordinances of the Legislature
in so far as the import of them, or their application to the individual
cases upon the carpet is an object of contestation,
such, considered in the most general point of view, in a general view of the case is the description
of the service, for the residence, of which the power reserved by judicature
Judge power is created and conferred.

2
Art. 2. Cases opposing poses
difficulty to the rendering
of that service.
1. The true virtue adverse
to the greatest happiness
principle
Shall the Judge lend
himself to be in the
character of an instrument
of mischief?

On a closer inspection difficulties which tend
in the way of this operation fail not to present themselves

1. The law In one and every part of it the law it may happen
to the law to be virtuous adverse to the greatest happiness principle.
The Judge is it desirable that as often as the law is found
pregnant with mischief mischievous in its tendency the power of the Judge
should be employed in giving execution and effect to the
ordinances — in ripening tendency into act.

3
3.2 Yet to this mischief
has come power
in a Judge acting in
opposition to Legislature
afford reasons hope
remedy? Legislature
chosen unmendable by
profit; Judge chosen
not by them, only by one
chosen, by those chosen
by them.

2. On the other hand if such be the depravity inaptitude of the Legislature
composed of monstrous by the great body of the people
what better can reasonably be expected from a any one of a set of men whose
no one of them have been located by the people — more no one of which can present any better
sole title to confidence that executed that which exists will by their having been located by
functionary who himself was located by the people?

4
Art. 4. 3. Judicatories
Immediate, some hundred
to in which if all if in
any will come an
apt contract for the power
of the mandate delegate,
the people be

And
even suppose each are apt were most apt on all points taken together than
the majority of the Legislature, yet here are men to the
amount of or hundreds each within his own District sitting
up and giving at the same time execution and effect to a mass
of justice which as it stands in one and another of the two Districts
any possible imaginable diversity may have place.

[+] thence, applied and useful in the District, it would be , unapplied, useless in all the suits

Identifier: | JB/042/455/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	1-4
Box	042	Main Headings	constitutional code
Folio number	455	Info in main headings field	constitutional code
Image	001	Titles	emendatory function / sistitive or execution-staying function / preinterpretative function / instructions to the legislator as to these and the two following sections
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e1
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public	[[notes_public::"supposed superseded 1827 feb. 5" [note in bentham's hand]]]	ID Number	13378
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