JB/042/473/001

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1824 July 29
Constitutional Code

+ + 4
I. IV
Ch. Judiciary collectively
(1) 4 §. 16. 17. 18.
Instructions

Every body will see that it can not make is no business of the province of the Judge to
originate any independent measure

Two Three objectives will here be apt may here be liable to present themselves.
One is "In this way the judicial and legislative and
"judicial powers are confounded: united in one and the same set of
persons and "hands, and at the same time of the Legislative the power itself the two elementary powers, the mediatory and the consummative:"

The Means 2. The legislative power thus
"given to the members of the Judicatory, extended over the whole
"field of legislation: no limits are or can be set to it".

A third or 3. thus By the eventually and emedative
and sistitive together the precatispritative is rendered useless."

In both all these instances there is no appearance of incongruity apparent, in another any no one of
in neither the reality them a real incongruity will be found

1 As to the first, the initiative function here given to Judges, it is no other than
that which is given not only to the these same to every functionaries, and but to every inhabitant of the State
but to and every inhabitant of the globe: given, and without any the
smallest risk or inconvenience: for with the exercise given to the power, by the
making of the proposal,when the proposition is
made, the power of under ceases: no further power have the men the Judge whoever he be for the support
of it. In the case of the Judge, rendered true it is, that the mere enaction
of the Legislature suffices for giving to his proposal the effect
of law: for adding in appropriate language to his indicating the . But
neither can the Judge any more any more than the foreigner can contribute more than than any foreigner
contribute any thing to the adoption of the what he has here proposed: besides the two
judiciary authorities superordinate to his own, the any two Members and plus the proponent comes before the Legislature
which is what it can
not fail to do
if any two Members, by each at the expence of no more than a few words , than suffer for
taking the defeating the proposal without a altogether.

proposed
of matter out of his hands. Nor can the it take
effect during the shape of the legislation: for thereby delivered and perpetually receiving renewed mementos are
provided for keeping
them curative.

3 As to the As to the in the mass of the field other objections here it is that in the field of legislation to this power,
such as it is, in the no limits are here set: no less true is it that
an attempt to set any such limits would be a task of no small
difficulty. And On the other hand Not less true will it seen to be [on the other
hand] that the with any such hands there would be neither need
nor use. What could not be done, without great difficulty and
complication, by definition, will be done, without any difficulty,
by experience in by practice
by by practice, by experience. Go

Copy as in the marginal

Identifier: | JB/042/473/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-07-29	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	473	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c1 / d4 / e4
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13396
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