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1823. May 22 | <p>1823. May 22</p> | ||
Constitutional Code. | <p>Constitutional Code.</p> | ||
6. | <p>6.</p> | ||
True, under a government | <p>True, under a government<lb/> | ||
arranged as | arranged as<lb/> | ||
here, in other respects, | here, in other respects,<lb/> | ||
sooner or later mischief | sooner or later mischief<lb/> | ||
from this as | from this as<lb/> | ||
from every source | from every source<lb/> | ||
would find remedy: | would find remedy:<lb/> | ||
viz from Public Opinion | viz from Public Opinion<lb/> | ||
Tribunal. | Tribunal.</p> | ||
But to the application | <p>But to the application<lb/> | ||
of the remedy in this | of the remedy in this<lb/> | ||
case, a constant party | case, a constant party<lb/> | ||
struggle would be | struggle would be<lb/> | ||
necessary. The locating | necessary. The locating<lb/> | ||
party successful, | party successful,<lb/> | ||
redress none: do. successful,<lb/> | |||
then one party | then one party<lb/> | ||
judge would succeed | judge would succeed<lb/> | ||
to another | to another d<hi rend="superscript">o</hi>.: <lb/> | ||
oppression and depredation | oppression and depredation<lb/> | ||
might be in | might be in<lb/> | ||
part extinguished: | part extinguished:<lb/> | ||
but also in part they | but also in part they<lb/> | ||
would only change | would only change<lb/> | ||
sides. | sides.</p> | ||
<p>7.</p> | |||
<p>Against such evil,<lb/> | |||
insufficient would <lb/> | |||
be the remedy by Appeal:<lb/> | |||
for</p> | |||
<p>1. By the inseparable<lb/> | |||
expense, vexation &<lb/> | |||
delay, the application<lb/> | |||
of the remedy would<lb/> | |||
be limited.</p> | |||
<p>8.</p> | |||
<p>2. The danger from<lb/> | |||
party influence applies<lb/> | |||
also to the Appellate<lb/> | |||
to | Judicatories.</p> | ||
<p>9.</p> | |||
<p>3. Want of intellectual<lb/> | |||
aptitude.</p> | |||
<p>On this point, Constitutive<lb/> | |||
is altogether<lb/> | |||
deterred from competing<lb/> | |||
with Justice<lb/> | |||
Minister.</p> | |||
<p>See the list of his<lb/> | |||
functions.</p> | |||
<p>10. or 1.</p> | |||
<p>II. Why not in Legislative?</p> | |||
<p>Reasons-same in<lb/> | |||
kind as those applying<lb/> | |||
to Constitutive:<lb/> | |||
only not so strong:<lb/> | |||
yet sufficient.</p> | |||
<p>[<gap/> Quere - if not stronger?]</p><pb/> | |||
<p>11. or 1.</p> | |||
<p>III. Why not in Executive<lb/> | |||
chief?</p> | |||
<p>Answer Reasons</p> | |||
<p>See d<hi rend="superscript">o</hi>. applying to situation<lb/> | |||
of Justice<lb/> | |||
Minister.</p> | |||
<p>For the functions,<lb/> | |||
Executive Chief w<hi rend="superscript">d</hi>.<lb/> | |||
of | have to look to the<lb/> | ||
exercise of, in addition<lb/> | |||
to his own and<lb/> | |||
those of his subordinates<lb/> | |||
the Ministers,<lb/> | |||
see Justice Ministers<lb/> | |||
functions.</p> | |||
Not so in the situations | |||
of Judge: the | <p>12. or 2.</p> | ||
contestation is certain: | <p>Amongst functionaries<lb/> | ||
only for the | of the Administrative<lb/> | ||
termination of it | department,<lb/> | ||
is the office instituted. | as to what regards<lb/> | ||
Here there is the | official duty, contestation<lb/> | ||
demand for impartiality, | in neither desired<lb/> | ||
and for independence. | nor expected:<lb/> | ||
for impartiality there<lb/> | |||
is therefore no demand.</p> | |||
<p>Not so in the situations<lb/> | |||
of Judge: the<lb/> | |||
contestation is certain:<lb/> | |||
only for the<lb/> | |||
termination of it<lb/> | |||
is the office instituted.</p> | |||
<p>Here there is the<lb/> | |||
demand for impartiality,<lb/> | |||
and for independence.</p><pb/> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{Ready_For_Review}} | ||
1823. May 22
Constitutional Code.
6.
True, under a government
arranged as
here, in other respects,
sooner or later mischief
from this as
from every source
would find remedy:
viz from Public Opinion
Tribunal.
But to the application
of the remedy in this
case, a constant party
struggle would be
necessary. The locating
party successful,
redress none: do. successful,
then one party
judge would succeed
to another do.:
oppression and depredation
might be in
part extinguished:
but also in part they
would only change
sides.
7.
Against such evil,
insufficient would
be the remedy by Appeal:
for
1. By the inseparable
expense, vexation &
delay, the application
of the remedy would
be limited.
8.
2. The danger from
party influence applies
also to the Appellate
Judicatories.
9.
3. Want of intellectual
aptitude.
On this point, Constitutive
is altogether
deterred from competing
with Justice
Minister.
See the list of his
functions.
10. or 1.
II. Why not in Legislative?
Reasons-same in
kind as those applying
to Constitutive:
only not so strong:
yet sufficient.
[ Quere - if not stronger?]
---page break---
11. or 1.
III. Why not in Executive
chief?
Answer Reasons
See do. applying to situation
of Justice
Minister.
For the functions,
Executive Chief wd.
have to look to the
exercise of, in addition
to his own and
those of his subordinates
the Ministers,
see Justice Ministers
functions.
12. or 2.
Amongst functionaries
of the Administrative
department,
as to what regards
official duty, contestation
in neither desired
nor expected:
for impartiality there
is therefore no demand.
Not so in the situations
of Judge: the
contestation is certain:
only for the
termination of it
is the office instituted.
Here there is the
demand for impartiality,
and for independence.
---page break---
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Identifier: | JB/042/131/001"JB/" can not be assigned to a declared number type with value 42. |
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1823-05-22 |
6-9, 10 or 1, 11 or 1 - 12 or 2 |
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042 |
constitutional code |
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131 |
constitutional code |
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001 |
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marginal summary sheet |
1 |
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recto |
d2 |
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john flowerdew colls |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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13054 |
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