JB/116/309/001

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N.S. Wales

2 July 1802

6 Conduct
I. Powers necessary

1. First instance and fundamental exemplification of misgovernment of mismanagement
—no legal provision made for the power of making
regulations.

III. Negligence and followed by appr injustice in regard to the prevention of escapes.

The power of making regulations, considered as required
in any other hands than those of the supreme authority
in a state, is neither more nor less than legislative power,
of legislation, though derived from a superior power of the
same kind, and acting under the controul of it.

A general legislative power right of legislation is that sort
of power one of those branches of power, the existence of which that may be stated
as necessary without much fear of contradiction in every political community, whatsoever,
old established or new established: necessary, if for a
short space of time not absolutely to the very being of the state yet at all
times to the well-being of it.

In this country, during the infant and ricketty
period of the constitution, the want of so important an article in the list of the powers of government was but too
notoriously as well as frequently and severely as well as notoriously felt, in
the intervals between Parliament and Parliament.

In a Colony—a new formed community—
much more in the Colony in question at the time in question—a Colony not
yet formed but to be formed——the existence of such a
power may be an pronounced altogether necessary to the existence
of the infant establishment.

To render the proposition strictly and correctly tolerably
true, it might be necessary to to the word necessary.
The existence of such a power I ought perhaps to have
added or the belief of it. The distinction may appear
no less informed: for, in such a situation without a really existing power
of legislation, how (it may be said) produce can the belief of it
existence be provided or who will set about producing it

Identifier: | JB/116/309/001 "JB/" can not be assigned to a declared number type with value 116.
Date_1	1802-07-02	Marginal Summary Numbering	1-4
Box	116	Main Headings	panopticon versus new south wales
Folio number	309	Info in main headings field	n. s. wales
Image	001	Titles
Category	text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	d1
Penner	jeremy bentham	Watermarks	[[watermarks::[monogram] 1800]]
Marginals	jeremy bentham	Paper Producer
Corrections	jeremy bentham	Paper Produced in Year	1800
Notes public		ID Number	37842
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