JB/042/474/001

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1824. July 29
Constitutional Code

+ 5 2o or 3o
IV or IX
Ch. XII Judiciary collectively
(2) (5 §. 16. 17. 18.
Instructions

Whatsoever be the design and purpose which gave birth to
the arrangement in question, every man whose views the design
suits it is of course the wish, that execution and effect be given to it
In so far as the arrangements made by Legislation
to the design at any rate, and to the arrangement in so far as in his
are far from oversight — oversight the spirit of which is to
conception the purpose is answered by it. If, through any oversight
counteract their own designs — what every man whose
a clause or a word could be brought to view adverse to the purpose
is the adaption of the their arrangement of course is that execution
is seen by him to have crept in to it, what can not but be his wish is
that this impediment whatever it be may be removed.
and effect should necessarily be given to it. this then is
what what by the instrumentality of the Judge namely by men the in the way here proposed can be done,
and what without that for want of that instrumentality can
have been not ever done: what if alonethat instrumentality be remains
wanting never can be done. In this plan So far from being rivals to Legislature,
the Judges are acts in a way and with an effect as yet
unexampled, be they servants: to the will of his their masters, any
Judge may then effect: to any will of his own without the not conformable
concurrence to their wish no Judge can so much as hope to give any
effect.

Neither to Judges Appellate, nor even to the Justice Minister
is this power proposed to be imparted. Not that it is not desirable
that upon occasion it should be exercised by them of. But
What is desirable is — that together it should be exercised by both of them
that when exercised — that it should be exercised with the
same checks but by both the the same checks as those which apply to the
situation of the Judge Immediate. In that of Judge Appellate Whatsoever alteration may suppose to profess itself present
to the mind of the Judge Appellate have presented itself to a man's mind in the character of an amendment,
to it is not in the nature of things that he should
be at a loss for a to engage to desire Judge Immediate to propose
it for him: and still less in the still superior situation of Justice Minister.

Wherever, through oversight,
a particular clause, or a word, adverse
to the general design of the
law has crept in, all
who concurr on the design whose views the design suits
will be glad to see the oversight
repaired. This is
what without any trouble
to any of them, the Judge
could do for all of them —
this is what, without, or
or less trouble if at all,
they could not do for
themselves. So far therefore
can the a Judge is seen to be thus occupied,
in giving
effect to the
in the Legislature and
approved by agreeable to the majority
of its members so far his
amendments will be well
received and employed.

On the other hand
should it ever happen to
a Judge, to be thought to seen abusing
have abused this liberty —
and to have employing
it in making amendments
from his own province
into theirs the higher, jealousy would
be awakened, and the
project crushed the to have. This
(will would some one
man say to some other)
this is not serving us:
but this is setting up against us:
this must be stopt: I will
move rejection, if you will
second me

To Judges all this will
be no less manifest than
to Legislators. Every Judge
will feel assured of being
admitted to correct oversights,
and save himself
from being seen to operate acting
in the odious character
of an instrument of injustice.
No Judge can
hope to give birth in
this way to any exten
independent and
extensive measure.

Any little miscalculation
which, on such an occasion
a man may have fallen
into, the event will, in all , immediately set to rights.

Identifier: | JB/042/474/001 "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	474	Info in main headings field	constitutional code
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c2 / d5 / e5
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13397
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