JB/106/197/001

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18 May 1807

In all ordinary cases: one observation which obvious
as it may seem when once made, seems scarcely ever to have
occurred, at least to have shown itself one fraction is – that
between decision in precise conformity to the declared will of
the sovereign, and decision in non-conformity and opposition
to it, there is a medium middle course: and a course
which under every government might be permitted ad pursued
with perfect safety. This is – to antagonize the Judge
when he sees occasion, after declaring the decision which
to him appears to be conformable to, and called for by the declared
will of the sovereign, taken as it stands at present, to suspend
the execution (taking the requisite measures for the prevention
of irreparable damage) till after the particular case shall
have been represented to the sovereign, and his particular will signified
in consequence.

Many important considerations concurr in recommending a
precaution of this sort to a provident legislator legislature.

1. The having a door open for the prevention of effects, of which
had they been present to the view of the legislator, the mischievousness
would have been recognized.

2. Preventing the Judge from getting running into those habits of mis-instruction
mis-interpretation which whether in respect of those particular effects
or the state of the interests in the individual case interests of the parties in question, is
proposed with unlimited mischief on the most extensive side,
spreading the mischief of uncertainty and uncognoscibility over the whole
face of the law.

3. Depriving Taking from the Judge of that the handle which bad Judges are
so of making to themselves out of the undeniable mischievousness
of certain laws for assuming excer and exercising a sort of dispensing
power over any law that for which they behold standing in the
way of their corrupt interests of affections.

Identifier: | JB/106/197/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1807-05-18	Marginal Summary Numbering	10-11
Box	106	Main Headings	scotch reform
Folio number	197	Info in main headings field
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	c4
Penner	jeremy bentham	Watermarks
Marginals	jeremy bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34785
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