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§ 19. Observations on the Duke's dispensing power.

The illegality of this plan of the noble Dukes
and his learned principle is I flatter
myself by this time pretty well out of dispute.
But the mere illegality of it is the least important
part of the case. They know or at
least that one of them that professes thinking knew
that it was illegal: it was because he knew it was
illegal, being determined to persevere in it for the purpose of the confederacy accommodation conspiracy, that
he determined to have no objection to it: it was
because he had determined to have no objection to
it that after after having promised to hear my
objections before and hear them before he sent
in his letter, he broke his word to me.

Oh but says Your Lordship could go to make a course of a
mere misconstruction misconception of an Act of Parliament
My Lord there was no such thing as a misconstruction in the case,
a misconstruction supposes certain words in a statute
examined referred to – a construction put upon these words
– and that construction by in the opinion of a competent
judge or judges deemed a wrong one – an erroneous one – God forbid
my Lord that in this instance any more than in any other so that the destruction as that between error or and guilt – mere honest error and self-conscious guilt should ever be overlooked: if it were taken that a mere error construction like this
and construction have erroneous to it and
to become error
be a construction should
such : if it did
there would be as many
notices as there were differences of opinion
about the meaning of any every clause in any Act. law.

Identifier: | JB/121/416/001
"JB/" can not be assigned to a declared number type with value 121.



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Observations on the Duke's dispensing power





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Jeremy Bentham

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[[notes_public::Modify [note in Bentham's hand]]]

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