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1 Apr 1802
Dispensing power
Inessentialia?
Compare my Lord the enterprize of the Duke of
Portland, as manifested by this letter to the enterprize
of Charles the first in the case of Ship-money. It
was in that case the decision opinion of the Kings Judges Court was
in that case that the King might levy money without
Parliament in case of danger sufficiently urgent need – and that he was judge
of the danger and whether there was danger need or no was for
the King to judge.
The declared opinion, declared on this occasion by the
Duke is that it belongs to him to rescind one Act
of Parliament if it be an improper one: and that
whether it be an improper one or no was for him to
judge: he finds it an improper one, and he will deals by it accordingly.
Another opinion declared on this same occasion by
the Duke is that it belongs to him to tie up the
hands of the Judges if there be danger probability of their acting
improperly "inexpediently" and that it belongs to him to judge
whether there be any such: whether such danger probability exists: –
he finds that such danger does exist and he acts deals
by them accordingly.
To assume legislative power is not sufficient to
satisfy the ambition of the Duke: to make up the deficiency
he adds a lot of power if the nature of judicial
power, but above superior to it – not extra-judicial power
that is not high enough – but supra-judicial power:
new things require new for the language itself
halts in its endeavours to reach the undisguised ambition of this Duke.
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Identifier: | JB/121/366/001 "JB/" can not be assigned to a declared number type with value 121.
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1802-04-01 |
2 |
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121 |
Panopticon |
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366 |
Inessentialia? Dispensing power |
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001 |
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Text sheet |
1 |
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"Recto" is not in the list (recto, verso) of allowed values for the "Rectoverso" property.
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F36? / G24 |
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001 |
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