JB/042/584/001

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1823. May 26
Constitutional Code

8
III Rationale
Ch. XII Judiciary collectively
(8 § 29 Located how
4. Why not in Executive

Ratiocinative

11 or 1
Why not in Executive
Chief?

Answer. Reason
In do applying to situation
of Justice Minister
For the function Executive
Chief would have to both
to the exercise of, in addition
to his own and those of
his subordinates the Ministers,
see Justice Minister's
functions.

Art. 3. Lastly, as to the not locating it in the hands of the Executive
Chief.

Answers. Reasons

See those applying to the question why not locate in the hands
of the Executive Chief the location of the Justice Minister

See to this purpose for the functions which to the purpose for superintending
the exercise of them he the Executive Chief would have to keep in his mind
in addition to his own, and those allotted to the f Ministers placed under his direction the function allotted to the Justice Minister,
as above.

12 or 2
Amongst functionaries
of the Administrative
Department, as to
what regards official
duty, contestation is
neither desired not expected:
for impartiality
there is therefore no
demand.

Not so in the situation
of Judge: then contestation
is certain
not only for the
of it is the office
instituted.

Here then is the demand
for impartiality: and
for independence, as
towards.

Art. Note, that, in the case of the several administrative functionaries
placed under the absolute direction of the Executive Chief, absolute
as it may to answer the purpose for which the offices are
instituted, as to any thing that regards official duty contestation is neither desired nor expected: impartiality
is therefore a quality that belongs not to the case.

Not so in the case of the Judges: in their case impartiality
is an essential and indispensable absolute: were they in a
state of dependence on the Executive Chief, their impartiality would
be much weakened by this arrangement. Only in so far as there
is no contestation with regard to the right is it desirable desired that
the absolute dependence of all the several Ministers in the Executive Chief should
have place: in the case of the Judges, Judicial Situation in whose instance
direction is not given to conduct in any case other than that of
contestation, it is essential that in relation to a functionary
so abounding with powers as the Executive Chief, independence
should be as decided as the nature of the case will allow it to
be.

Identifier: | JB/042/584/001 "JB/" can not be assigned to a declared number type with value 42.
Date_1	1823-05-26	Marginal Summary Numbering	11 or 1 - 12 or 2
Box	042	Main Headings	constitutional code
Folio number	584	Info in main headings field	constitutional code
Image	001	Titles	ratiocinative
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d8 / e8
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	13507
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