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1823. Feby. 27.
Greece. J.B's Observations on particular Articles.
In each judicatory, efficient cause of location,
the choice made, and will declared, by the Minister
of Justice. Efficient cause of dislocation, votes to
that effect by the majority of the Electors appertaining
to the judicial district or sub-district as above, as the
case may be. This, without cause necessarily assigned.
The Electors being on each day after bein giving their
votes on the occasion of the election of a representative
in the Legislative Assembly, called upon to
give their votes for or against the existing Judge, but
not in favour of any other person in the character
of a Candidate for that same situation. In case of
a majority for displacement, obligation on the Minister
of Justice to place another individual in that
same judicatory, but with power to place in any
other judicatory the so displaced Judge, on the part of the Electors. No specific
assigned cause for such displacement need to be made
necessary, but in the nature of the case no proposition to that effect could ever
be made with any prospect of success without assigned
causes in abundance. Power to the Minister
of Justice to propose to any Judge at any time, and accept
his resignation, and upon refusal or silence to
displace him, assigning or not assigning a specific
cause or causes. Power to the so displaced Judge to stand
forth in public for the vindication of his character,
and to contest the existence or the sufficiency, or both
of any causes so assigned. U On this head some provision
of detail will would be found requisite.
The Reasons why the power of location should, in
regard to all these judicatories, be in the hand of a
single person, the Minister of Justice: 1. the object of
the judicial system taken in the aggregate being go give & secure
execution and effect to the whole body of the law all over
the territory of the state taken in the aggregate, one main
business of the Minister of Justice will be, according to
the measure of his ability, to secure consistency and
symmetry in the plan, and made according to which
such execution and effect is given or professed to be given in every
such field of jurisdiction throughout the state.
The
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