★ Keep up to date with the latest news - subscribe to the Transcribe Bentham newsletter; Find a new page to transcribe in our list of Untranscribed Manuscripts
+ 6
Corrected from the Copy Ch. XII Judiciary collectively
6 §. 16.17.18.
instructions to the Legislature
3. As to the preinterpretation, neither by the eventually-emendative
function nor by the sistitive, , nor by both together, can
it be said to be rendered useless. Need of interpretation may
have place, where, neither in matter nor in form, can imperfection
be justly imputed to the work of the Legislature. At the
time of enactment, (suppose) the state of things by which the
in question though coming lying within the reason
of the law, neither was in existence, nor could have come
under the contemplation of the law makers.
2 Moreover what
is p clear to one man, may be obscure or ambiguous to another
man and many a man, who would be to whom whose anxiety it would
be a prodigious an inestimable relief to be assured what, on the point in
question the opinion of the Judge might would be, might feel
himself altogether incompetent to sit in judgment on the
work of the Legislator, and declare what that it is or is not
well adapted to its purpose. No amendment will the Judge take
upon him to propose to the Legislature, which by himself sees
not, just any ground for doubt, nor hesitates as to the course he
shall eventually take. Yet, in a case of this sort, by a response
he even though unfavourable to his hopes, the mind
of an applicant may be set at rest, and the eventual
vexation and expence of litigation, to parties on both sides,
be saved.
Identifier: | JB/042/475/001 "JB/" can not be assigned to a declared number type with value 42.
|
|||
---|---|---|---|
1824-07-30 |
|||
042 |
constitutional code |
||
475 |
constitutional code |
||
001 |
|||
text sheet |
1 |
||
recto |
d6 / e6 |
||
jeremy bentham |
j whatman turkey mill 1823 |
||
admiral pavel chichagov |
|||
1823 |
|||
13398 |
|||