JB/042/581/001

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1823 May 22
Constitutional Code

4
41. Rationale
Ch. XII Judiciary collectively
Appeal not sufficient (4 §§. 29 Located how
Not in Constitution

Ratiocinative

5
Thus in these hands
the distinction with regard
to the situation in question
should be as here proposed.
But, with the
two exceptions here noticed
(namely Legislative and
Ministerial) it is essential
that the locative and
dislocative functions be
not in the same hands:
at any rate not the exclusive
dislocation in
the same hands with the
locative. For, if yes,
whatever particular and
sinister interest places
the functionary in the situation
will have had soever
his conduct, be disposed
to keep him there.

On condition that the locative function be not in these same hands
one arrangement hence proposed is that in the hands of the body
in question the dislocative power function with relation to the class of functionaries
in question should actually be. Use and reason by this means
against real practices in every shape a security in favour of
those whose interest is the immoral interest will be placed in their
own hands. But in the case here in question that same security has
no place. By the same interest By That same sinister interest by
which the corrupt and supremely inapt functionary has been then located
in the situation in question, by that same interest will be at
all times repeatedly located — at all times preserved form being dislocable
dislocated, and at the same time those all by whom he has been
injured excluded from the faculty of obtaining relief.

6
True, under a government
arranged as per
the other respects, sooner
or later, mischief from
there, as from every source
would find remedy:
viz. from Public Opinion
Tribunal.

But to the application
of the remedy, in this case a constant
party struggle would
be necessary. The locating
party successful, redress
none: do successful, then
one party Judge would
succeed to another do
oppression and depredation
might be in part extinguished,
but also in
part they would only
change sides.

Ratiocinative

True it is that especially under a form of government arranged in other
particulars in the manner here proposed, sooner or later the
depredation and oppression having become considerable, the mischief evil
would find its own remedy: under favour of that liberty of discussion
which could not suddenly considerably be taken away extinguished those who
suffered by the real practice being and executed in their
complaints to all other competent authorities and in particular
to the Public Opinion Tribunal, a party in opposition to the supposed
ruling party would thus form itself. Between party
and party there then would be a constant struggle, By As
In the course of the , as by the first party so by the
second the need of a set Judge of their own creation and preservation
the need of a Judge located connected with them by the tie of of a connivance
of sinister interest would be felt, and the desire correspondent
to their interest would receive its gratification. Thus the instance
of impartiality as to those to the at the expence of one
side would be substituted partiality at the expence of both sides
True it is that on by both sides a bridle or check opposed by the opposite interest
and power of the other would be felt: not less true is what in favour of
neither of them would the power of that check be found adequately effectual. Mutual animosity
would be kept alive by mutually and continually repeated injury.

Identifier: | JB/042/581/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-05-22	Marginal Summary Numbering	5-6
Box	042	Main Headings	constitutional code
Folio number	581	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d4 / e4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13504
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