JB/042/477/001

Click Here To Edit

1824. August 25. Constitutional Code Ch.XII. Judiciary Collectively

Superseded by another copy.

Three objections may here be liable to present
themselves.

1. "In this way, the legislative and judicial powers
"are confounded: united in one and the same set of
"hands; and, of the Legislative power itself, the two elementary
"powers, the initiative and the consummative.

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

3. "By the eventually-emendative and sistitive functions
"together, the preinterpretive is rendered useless."

In all these instances, an apparent, in no
one of them anyreal, incongruity will be found.

1. As to the initiative function here given to
judges, it is no other than that which is given, not
only to those same functionaries, but to every inhabitant
of the state, and every inhabitant of the state:
given, and without any the smallest risk or inconvenience:
for, with the exercise, given to the power
by the making of the proposal, the power ceases: no
further power has the man, whoever he be, for the
support of it. In the case of the judge, true it is that
the mere inaction of the Legislature suffices for giving
to his proposal the effect of law: in appropriate language,
for adding to his initiation, the consummative.
But neither can the judge, and more than any foreigner,
contribute any thing to the adoption of what
he has thus proposed: and besides the two judiciary authorities
superordinate to his own, any two members when the proposal
comes before the Legislature, which is what it can
not fail to do — any two members, each at the expence
of no more than a few words suffice for
defeating the proposal altogether.

Identifier: | JB/042/477/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1824-08-25	Marginal Summary Numbering
Box	042	Main Headings	constitutional code
Folio number	477	Info in main headings field	constitutional code
Image	001	Titles
Category	copy/fair copy sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner		Watermarks
Marginals		Paper Producer
Corrections	jeremy bentham	Paper Produced in Year
Notes public	[[notes_public::"superseded by another copy" [note in bentham's hand]]]	ID Number	13400
Box Contents