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1824. Jany 22
Constitutional Procedure Code or Const. Judiciary
Ch. General View
§. Functions applied, how
The habitually directive function being thus laid out
of the case, two three only remain as being capable of being
executed with advantage by a judicial functionary.
These are 1. the locative. 2. the dislocative, and with
a view to prevent the need of having recourse to a function
so pregnant with vexation as the dislocative, the
incidentally directive.
But – to begin with the locative function – applied
to this subject it wi the character that belongs to it the respect it wears is different
from that which it wear when applied to a public
function such as that of minister and that of judge
in both which cases the advantage of being located
can not be claimed by any person as a matter of
right fiducially : but subject to his responsibility
must be left to the secret private and long protractedly
exercised discretion of the locating functionary.
In the As to the fiduciary function applied
to the subject matter in question, the situation in virtue
of which it is exercised is a sort of benefit or possession
the adjudication allotment of which may as easily, on
the ground of a specific like an efficient cause of
right in a judicial the form of judicial procedure
as in the case of any mass of property
allotted placed by law to the in the hands of the individual
for his own use and benefit. Judiciary Judicial is therefore the
form in which the in the first place the locative function
ought to should be exercised.
Identifier: | JB/054/174/001 "JB/" can not be assigned to a declared number type with value 54.
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054 |
constitutional code; procedure code |
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174 |
procedure code or const. judiciary |
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text sheet |
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recto |
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jeremy bentham |
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17693 |
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