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8 March 1807
13. The proper number of degrees of jurisdiction will
sta be found to stand upon very different grounds according
as the subject matter of recurrence be con is the matter of
law or the matter of fact.
14. It has been considered as a symptom of despotism,
that the supreme legislative power and the judicial power
should be lodged in the same hands.
15. But if in tis conception there be any thing of truth
it is only can only be in the supposition that te decision in the matter
of law and the decision in the matter of fact are vested in
the same hands.
16. The British Constitution is no despotism: But in
the British Constitution the supreme legislative judicial power
with (in all causes with the exception of the causes to a comparatively
narrow extent in which the supremacy is in the hands
of the King) is vested in the House of Lords, one of the three
estates by which in among which in a suit of and not in , the sovereign
power is shared.
17. If there among all the suits in relation to which recurrence
to the House of Lords is allowed there be any one that
fails of finding its way to that branch of the sovereign power of sovereignty
it is not by reason of the any apprehension entertained, of any such
despotic and unconstitutional consequence, but merely because
prudence or inability, or want absence of dissatisfaction, restrains keeps
the losing party from making such recurrence.
Identifier: | JB/106/154/001 "JB/" can not be assigned to a declared number type with value 106.
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106 |
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jeremy bentham |
iping 1804 |
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bernardino rivadavia |
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1804 |
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34742 |
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