JB/106/337/001

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1823.
Greece. J.B. Observations on particular Articles

Now then as to the Operative department, it is if in effect divided into by the necessity of the case that it is
stands divided as above, into the two departments the legislative namely those which are in use to be designated
by the appellation stiled the legislative and the Executive.
Note that of these two departments are the Executive is to be understood as being
with which to one another coordinates. Now it is matter coordinate with the legislative any any more than the legislative alone or both
the legislative and the Executive taken together are to be regarded as coordinate with the Constitutive. No.
it is of matter of absolute necessity that, with reference to one of them, namely the legislative,
the other namely the Executive should be subordinate. For the The legislative
department being established, why is it that the any part of the business of the
Operative department is committed to any functionary or set of functionaries
other than those by which that of the legislative department is to
be executed done? Is it that the functionaries employed in the legislative
department may find in another department a man or set of men
by whose controul or obstruction in any shape may create its in any event be opposed to their
power? a man or set of men by whom the giving execution and effect to any will, which they
have concurred in the formation of, may be subject to frustration
or even to delay? No such thing. The reason why that which is
taken out of their hands, is accordingly taken out of their hands is – or at any
rate the only reason – whether its being so can be justified, is – mostly
this: namely that when all the business, turned over, and as to it
were turned down, to the Executive department has, the whole of it been
taken out of their hands as much as left in their hands as it
is physically speaking, supposing due attention paid to it, possible for them to go through a forbearance
the indeed, as in the American United States experience has amply shown, more then than
they can do or can go though through without continually subjecting a large portions of it
to a delay from by which serious inconvenience in particular in assignable
shapes, is continually produced, and by which as also the ultimate
frustration frustration of many a useful design, for want of the faculty of applying
to it that portion of time, at the expiration of which, its original
feasibility would have deserted it. In the Executive Department of that same Government Look to the four Secretaries of
State in the Constitution of the Anglo American United States. acting immediately under the President. See their
staggering, each of them, under the load of the business, which is continually
pressing on pouring in upon their shoulders. This done, that business. conceive the aggregate mass of
their respective businesses
added to the mass of
business at present executed
by the legislative
assembly stiled the
Congress. Say then whether the more of the load of business, without any such design as that of dividing power between two sets of conflicting functionaries with opposite⊞1
⊞1 interests and consequently opposite
wills, has not been the true and⊞2
⊞ only beneficial effect which has been experienced,
at from those arrangements at least by which
the business of the Executive department
has been placed in hands different from those which stand charged with the business of the legislative.

Identifier: | JB/106/337/001 "JB/" can not be assigned to a declared number type with value 106.
Date_1	1823	Marginal Summary Numbering
Box	106	Main Headings	constitutional code
Folio number	337	Info in main headings field	greece jb observations on particular articles
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	e7 / f11
Penner	jeremy bentham	Watermarks
Marginals		Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	34925
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