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17 Dec
Evidence
Note Note 5(b)
(b) III. Follows a list of certain evils referable to the Constitutional
Department. To these there not being any occasion need of
for reference for the purpose, or on the occasion, of the ensuing present work,
the importance of in of judicature referable to the Constitutional
Department of in the txt might: (it was thought) be spared exonerated of them without loss.
branch – of the field of law – B. To these there
will not be any for reference will present itself
course of the present work.
Evils opposite and correspondent to ends Note the avoidance of which these a fifth.
16. 1. Insubordination On the part of Judges, insubordination: –
including, on the part of any judicatory non-observance
or the ordinances of the legislator, and, on the part of a
subordinate judicatory, non-observance of the orders of
its Superordinate.
17. 2. Usurpation of jurisdiction; viz. on the part of any Judicatory:
whether to without the prejudice of the authority of the legislative
above, or to the prejudice of the authority of any other
judicatory, superordinate, co-ordinate or subordinate.
Ends correspondent to these
18. 4. 3. Ununiformity in judicature: viz. wholly is
which of the as between system and system of procedure, or under the same
2. or different systems, by differences as between decision
and decision on the same case: viz. in the same
3. individual case, or in two individual cases of exactly
the same sort.
Important as they are, these ends are but of the
second order: for be it but supposed suppose for argument sake (though the fact is so much otherwise) suppose that none of
those other evils which belong to the non-penal and
the penal branches departments ever have place, these are but
nominal – not real evils.
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rationale of judicial evidence |
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note 5(b) |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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