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26 Novr 1807
That for every decision pronounced by the delegates there be framed a new The latitude taken in these declaratory laws can not be too great.
correspondent declaratory law, or afterward to those pre-established declaratory laws
The advantages resulting from this arrangement are such as
will not easily be disputed.
1. The inherent uncertainty uncertainty when of jurisprudential will give law will thus
gradually give place to the certainty of Statute law: on the occasion of every
decision on the question of law an proportionable advance will have been made to so desirable an end.
2. No portion of law will in future be made without the privity and consent
of Parliament: none will be made by any other than the proper
hands.
3. The rule of action will no longer be exposed to
receive into its composition any such loose and unlimited
phrases propositions as those above exemplified. Probably An aphorism
of this complexion will probably not be proposed by the Lords Delegates: if
proposed by them it will probably not be adopted in either House: if adopted
in both Houses, it will at any rate not be adopted without till after the expediency of its tendency,
as well as the certainty
of its import, has been
established by a degree
of deliberation and discussion
adequate to
its importance.
4. The portion of Before they are it is submitted to Parliament,
the purpose of law in question each portion of law thus framed will uniformly have been framed
by hands, deemed by the competent Judges judges the most competent
of any that can be found.
5. That part of legislation share in legislation (paramount legislation) the exercise of which, and of which alone is capable of being the
made the matter subject of perfect obligation, viz. the initiative, will that
throughout the whole field of law receive that unspeakable unappretiable
advantage. The advantage possessed in this respect
by the comparatively narrow branch of law (the financial)
will be extended to every other.
6. By the part which the whole body of the Peerage, including
or not including those non-sitting Lords, not not
having such in the House will, be under the principal proposal,
be encouraged to take on this part of the business in the character
of Lords Visilante, the Court of Lords Delegates will thus include
within itself as it was a School of legislation, as more instruction in reply
in which more instruction will be to be derived in relation to the
, than from in any subordinate judicatory, in relation to jurisprudence.
Identifier: | JB/106/223/001 "JB/" can not be assigned to a declared number type with value 106.
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