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7 May 1807
It seems clear enough, and not at all difficult to
shew that with the exception of the narrow branch possessed and
exercised by the House of Commons
1. The supreme judicial power cannot with propriety
consistency or even safety be lodged in any other hands that in
one or other of the three branches of the legislative.
2. That of all three branches, no other is so well
adapted to the exercise of it, as the House of Lords.
3. That with the exception of the narrow branch possessed
and exercised by the House of Commons as necessary to
the exercise and preservation of its share in the legislative
authority, this superior aptitude on the part of the
House of Lords is co-extensive with the whole extent
of the supreme judicial power.
4. That this superior aptitude accordingly applies as well
to the small branch two small branches actually possessed and
exercised by the King as to the much to more extensive
branch actually possessed and exercised by the
House of Lords.
5. That therefore, were the whole constitution to be composed
anew and regulated by theory viz. 1. by abstract
considerations of amoral abstract utility, abstractedly from public opinion
as formed and settled by habit, the small
branches at present possessed and executed by the King
would actually be nailed to the more more extensive
branch actually possessed and exercised by the House
of Lords.
Identifier: | JB/106/165/001 "JB/" can not be assigned to a declared number type with value 106.
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jeremy bentham |
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bernardino rivadavia |
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