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<!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 3 <note>36</note><lb/> Preliminary <del>Obser</del><lb/> Observations< | <!-- pencil annotations --> <p> + C<hi rend="superscript">d</hi> 3 <note>36</note><lb/> Preliminary <del>Obser</del><lb/> Observations</p><note> Power of regulator<lb/> 22<lb/> Precedent in favour <lb/> of power of legislator<lb/> Case of Publican<lb/> which goers beyond <lb/> the <gap/> proposed</note> <p> The case of Publicans is the case which<lb/> in respect of all its principal points has been <lb/> taken for <del>the</del> <add> a</add> model in the adjustment of the <lb/> system <del>has</del> delineated in the present Bill: a<lb/> distribution to which it seems entitled <del>as</del> <add> not less</add> well <lb/>by the amplitude <add> and efficiency </add> of the powers which it exhibits,<lb/> than by the success <del>that</del> <add> with which the plan</add> appears to have <lb/> <add> been</add> attended <del> the measure <add>plan</add></del>, and the degree of satisfaction<lb/>with which it appears to be <hi rend="underline">generally</hi>, and<lb/>indeed for aught that appear, <hi rend="underline">universally</hi>, contemplated.<lb/> But in this case the power with <lb/> regard to the grant or refusal of the licence, is <lb/> discretionary, and so <del>the</del> purely discretionary, as <lb/>to ,<add>be</add> little less than arbitrary: for it <del>has been</del> is <unclear>settled</unclear><lb/> law that no reasons need be given in justification<lb/> of <del>a</del> <add> the </add> refusal <del>to grant</del> of <add> such</add> a license: and that<lb/>no <hi rend="underline"><foreign>Mandamus</foreign></hi> will lie to <del><gap/></del> compel the grant of <lb/> it. Under this species of discretionary superintending authority,<lb/> <del>at</del> <add>a</add> sort of natural power of <del>legislative is</del> <add> command </add> <lb/> <del>include</del> exercisable over individuals is <del>included<add> virtually</add></del><lb/> <del> under this species of discretionary authority: and [+]</del> <add> in the nature of things virtually included: [+]</add> <note>[+] since the refusal <del>of the <gap/> to <gap/> </del> <add> of the permission</add> necessary to a mans carrying on in the occupation on which his <del><gap/></del> <sic>livelyhood</sic> depends is a <del> very heavy</del> punishment, and that a very heavy one, and the power of commanding can never be altogether wanting, where the power of punishment is to be found. But</note> <lb/> to this <add> it seems</add> has been added a more explicit <del>kind</del> <add> species</add> <lb/> of legislative power, and to all good purposes<lb/> a more <del>effectual</del> <add> efficient</add> one, by <del> the help</del> <add> means <del>of </del> </add> of the <hi rend="underline">Recognizance,</hi><lb/> which <add> in this case</add> has been made the inseparable <del><gap/> </del> accompaniment of a licence.</p> | ||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
+ Cd 3 36
Preliminary Obser
Observations
Power of regulator
22
Precedent in favour
of power of legislator
Case of Publican
which goers beyond
the proposed
The case of Publicans is the case which
in respect of all its principal points has been
taken for the a model in the adjustment of the
system has delineated in the present Bill: a
distribution to which it seems entitled as not less well
by the amplitude and efficiency of the powers which it exhibits,
than by the success that with which the plan appears to have
been attended the measure plan, and the degree of satisfaction
with which it appears to be generally, and
indeed for aught that appear, universally, contemplated.
But in this case the power with
regard to the grant or refusal of the licence, is
discretionary, and so the purely discretionary, as
to ,be little less than arbitrary: for it has been is settled
law that no reasons need be given in justification
of a the refusal to grant of such a license: and that
no Mandamus will lie to compel the grant of
it. Under this species of discretionary superintending authority,
at a sort of natural power of legislative is command
include exercisable over individuals is included virtually
under this species of discretionary authority: and [+] in the nature of things virtually included: [+] [+] since the refusal of the to of the permission necessary to a mans carrying on in the occupation on which his livelyhood depends is a very heavy punishment, and that a very heavy one, and the power of commanding can never be altogether wanting, where the power of punishment is to be found. But
to this it seems has been added a more explicit kind species
of legislative power, and to all good purposes
a more effectual efficient one, by the help means of of the Recognizance,
which in this case has been made the inseparable accompaniment of a licence.
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Identifier: | JB/150/760/001"JB/" can not be assigned to a declared number type with value 150. |
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22 |
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150 |
police bill |
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760 |
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001 |
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text sheet |
1 |
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recto |
d3 / f36 |
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jeremy bentham |
j whatman |
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admiral pavel chichagov |
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50981 |
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