JB/042/458/001

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1824. July 17
Constitutional Code

+ IV
Ch. XII Judiciary collectively
(4 § Sistitive Eventually emendatory
§. Emendatory Sistitive
§. Preinterpretative

11
Art. 11 3. Definitive
remedial arrangement
provided by the legislation
Let the amendment proposed
by the Judge become
law, unless prevented
by some one of a
string of authorities, ending
with the Legislature.

Rule 3. Arrangement applying a definitive remedy

12
Art.12. The Judge — causes
of his naturally
aptitude
1. To his notice observation in his situation are presented
the individual
cases which to the Legislature
can be are presented
only in a mass
and by imagination
2. In case of evil, having
the stronger and
more correct impression
of the evil, so will he
of the remedy.
3. Seeing by, what or for
want of, what word the
evil has been produced
he will if not unfit for his see more clearly
than any one else by
what it might be rendered.

In the individual instance the evil has received its remedy:
at any rate what depends upon you the Judge towards the prosecution of that
desirable effect has been done. But the more extensive sort
remains as yet without remedy in one single instance the
evil has been excluded: but unless an ulterior and the only appropriate course be
taken it may be produced in one endless number of ulterior
instances it may take effect place. From the nature of the
individual evil you have the Judge has been led to form a clear and
strong and clear conception of the appropriate remedy: by such
and such words in the law you have he has seen the evil has been
produced: by such and such other words had they stood part entered into the composition of
the law the evil would have been excluded: if you are the Judge is fit for
your situation you he will not be greatly at a loss for the finding
of such words. Viewing the case at a distance, through the cloud
thrown over the field, by general ideas and correspondent expressions,
the Legislature had in ill derived picture had no best correct conception of the
matter, as the view of the individual case has enabled pr the Judge
to form. Let him then Submitt He has submitted then to the Legislature in the form of an
amendment such words as to you seem apposite appropriate to the purpose:
do on this occasion that which by every member
who sees reason to propose and an amendment does on
this occasion

13
Art. 13. Under the other check
here proposed, the slight
two words from any two
members of the Legislature
sufficing for a negative
no danger can arise be
produced, by the giving
to his amendment the force
of law, if of the whole
string of negatives the
above matter no one
be applied to it.

Thus far in his in the that meliorative suggestive function
which in common with every other individual the Judge possesses
added to that the abovementioned power of stopping the execution of his own decree
you have a chance for a definitive remedy.

14 Art. 14. These Legislatures will of course be those of the two Judicial authorities superordinate to him the Judge Appellate and the Justice Minister, and that of two Members of the Legislature
one another among the other the the antecedant and : and do defendant having first given or declined to give their opinion for or against it in public:
and the it having been your being accompanied with reason briefly stated: viz: 1. Evil effects expected from the law: 2. Good effects from the amendment and the alteration
if the Legislature pur drawn to the subject by a Report from the Legislation Minister.

But considering the situation occupied by the Judge, once
the checks by which on all sides his conduct is restrained from taking
a sinister course, so long as the law regulation proposed by the Judge
can not take effect in opposition to the will of the Legislature, you the
risk little is can not be great, by taking, after due notice the silence
of the Legislature for consent, especially if after remaining causing under the cognizance
of his colleagues the Public Pursuer and Public Defender it has
without opposition passed through the hands of his Superordinate the Judge Appellate and the Justice Minister
so those of the Legislation Minister by whom it is submitted to the notice of the Legislature
The greater the number of intermediate hands to each of which the power of nullifying the act of the Judge is imparted, the less is the probability of the Legislature then being consumed in deliberate or unapt
proposed arrangements.

Identifier: | JB/042/458/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-17	Marginal Summary Numbering	11-14
Box	042	Main Headings	constitutional code
Folio number	458	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13381
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