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Dispensing Power
In conclusion, my Lord, I am inclined to think Your
Lordship will find the following charges, against the Duke
of Portland, but too well established. —
1. That he has not only assumed, but concurred in the
exercise of, a dispensing power, by advancing positions tending
to warrant him in defeating — and defeating accordingly — the
the sole object of the Act of 1794, by which a Penitentiary
establishment was required to be set on foot: and, in so doing,
has been guilty of an illegal exercise of legislative power, amounting
in its effects to the repeal of an imperative law
of Parliament.
2. The he has assumed and exercised the power of punishing
Convicts, by a mode of punishment of his own choice,
in cases in which that mode of punishment was, by Parliament,
expressly forbidden to be employed: and, in so doing,
has been guilty of another illegal exercise of legislative power,
amounting in its effects to the enactment of a positive imperative
law, as well as to the repeal of a prohibitive law. —
3. That, in another instance, he has assumed at any
rate (whether in any and what degree he may have exercised
it, being matter of enquiry) a dispensing power, viz: that of
defeating one of the declared objects of another Act — the Act
of 1779 — in so far as the confinement of Convicts of a certain
description on board the Hulks, is among the modes of punishment,
the choice of which is therein committed to the
respective Courts: and, in so doing, has been guilty of another
illegal exercise of legislative power, amounting in its effects to
the repeal of a corresponding portion of another imperative law. —
4. That —
Identifier: | JB/116/279/001 "JB/" can not be assigned to a declared number type with value 116.
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116 |
panopticon versus new south wales |
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279 |
dispensing power |
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001 |
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text sheet |
1 |
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recto |
d3 |
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jeremy bentham |
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37812 |
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