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2y Feby 1808
What is still worse is yet behind. A Sovereign legislature
which who beholding disobedience, especially disobedience on the part
of the Judge, that authority judicial authority, that body of men whose special duty it is
to secure obedience on the part of all other men the rest of the community – passes
it by uncensored, invites it.
But there is something yet beyond this negative
and silent sort of invitation, that that is a positive and verbal one: and
of this contempt for attack upon the fundamental principle
of the constitution, an attack which goes to the root not
only of this government but of all government, an example exemplification
faces us in the tenor stands upon the face of this Bill.
"The present forms of the Court of Session have been fixed
"partly by Acts of , in virtue of general powers
"conferred by in the Court by Acts of the Parliament of Scotland,
"and partly by Special Commissions founded on Acts
"of Parliament, or ratified in Parliament before the Union,
"and particularly an Act passed in the First Parliament of King
"William and Queen Mary." Laws thus created by
Thus much is what the legislature is made to declare in
terminis in by the words of that Bill: "some of the regulations
"thus made by special authority" it goes on and says –
by special authority – viz. by authority derived from Parliament,
in a word by the authority of Parliament – have fallen (it says)
into disuse". Into disuse? and has fallen into disuse?
Is it not because the Judges whose duty it was to have
conformed to them have disregarded them thus persevering
in an habitual contempt of Parliament?
Identifier: | JB/091/200/001 "JB/" can not be assigned to a declared number type with value 91.
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1808-02-27 |
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091 |
scotch reform |
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200 |
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001 |
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text sheet |
1 |
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recto |
e2 |
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jeremy bentham |
th 1806 |
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andre morellet |
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1806 |
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29196 |
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