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26 Decr 1806
Scotch Reform To Ld Grenville
What is the jurisdiction of the House of Lords good for,
what in ju the judicial establishment is any system of controul in the upper regions good
for, if it be not good against partialities in the lower?
What are even Juries good for, on any other supposition than
that of a perpetual probability of partialities among on the part of Judges.
Without any partiality, or at least without any partiality that can
be traced, English Judges, the Judges of all the superior Courts have established themselves in
the daily habit practice of deciding acting in point blank contradiction disobedience
to the plain and positive directions of Acts of Parliament positively declared and unmisapprehendible will of the legislature,
the whole judicial , acting under the same roof, in
direct and as well as habitual opposition to the gislature. On the
part of the Judges of the Court of Sessions, partialities have
all along been not only in theory⊞1 ⊞1 as I have already had occasion to observe probable, but in fact
matters of notoriety and general complaint. Examples Instances in
which they have acted in been in the habit of acting in contrariety
to their own unrepealed regulations, are abundant:
examples cases instances of their acting in equal contrariety to Acts of Parliament
are not without example.‡ ‡ Under the influence
of those partialities is it natural that any difficulty
should be found of in the eluding the controuling power of the
the branch of the legislature when under favour of the
dispartion here proposed to be set up it will be in their
power to do so upon such easy terms?
Identifier: | JB/091/122/001 "JB/" can not be assigned to a declared number type with value 91.
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1806-12-26 |
11-13 |
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091 |
scotch reform |
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122 |
scotch reform to ld grenville |
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jeremy bentham |
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