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40.
of a Judge are evil, a single moment on which he
acts by his own uncontroled authority may suffice
to deprive the party who is in the right of the benefit,
looked for at the hands of a Jury.
In Judicature when there is no publicity, there is
no justice: no tolerably. adequate security for the giving
due execution & effect to the laws, whatsoever they may be.
That justice should have been the object where the doors
of a Judicatory have been kept regularly closed is not
possible. The object of the arrangement has been the sacrifice
of the universal interest of all men in the character
of justifiable to the particular & sinister interest — either
of the Judge or of the Despot, whose creature & instrument
he is, or both together. Judicature has for its only
right & proper ends there: main & positive end, giving
execution & effect to the Laws whatsoever they may be:
collateral & negative ends, avoidance of all needless
delay, expence & vexation in other shapes: all needless
delay is injustice while it lasts.
Unapt arrangements inserted in the Spanish Constitution
& not in the Grecian.
In the first place stand all those articles by which
power is lodged in the hands of a single individual in the
situation of Monarch. To enumerate them would here be
useless. The least mass of power that was ever be given to a
functionary to whom that appellative was at the same time
given, has always sufficed to place him in a state of incontestable
& implacable hostility with the interest &
greatest happiness of the greatest number of the members
of which the community is composed. Money, power, factitious
honor & dignity, faculty of gratifying the appetite
for vengeance, faculty of enjoying the perfection of ease
— whatsoever of the external instruments of felicity in any of these
Identifier: | JB/106/390/001 "JB/" can not be assigned to a declared number type with value 106.
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106 |
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34978 |
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