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<head>4 July 1810<lb/> | |||
Fallacies</head> | |||
Ch. Posterity<lb/> | |||
§.2. Exposure | |||
<p>3 12</p> | |||
<p>In the situation of James the 2<hi rend="superscript">d</hi> a King of the turn<lb/> | |||
of mind <add>disposition</add> manifested by James the 2<hi rend="superscript">d</hi> might have<lb/> | |||
found a <add>point of</add> doctrine to this effect <del>were</del> in a high <add>in no small</add> degree<lb/> | |||
favourable to his views. In a treaty <del>with</del> for example<lb/> | |||
with the King of France or with the Pope he might<lb/> | |||
have engaged to give such and such indulgences to<lb/> | |||
his Catholic subjects, or not to suffer the execution<lb/> | |||
of such laws as <add>to the enactment of which</add> under the pressure of the people or<lb/> | |||
his other authorities his co-ordinates he might<lb/> | |||
have found it advisable to consent <add>give his concurrences</add> in the making <add>passing</add> <add>enactment</add><lb/> | |||
of.</p> | |||
<p>In this case the <del>establishment</del> <add>a perfect</add> project of making<lb/> | |||
out of the function of agency in matters of international<lb/> | |||
law an instrument for the assumption of<lb/> | |||
<sic>compleat</sic> legislative power <add>in matters of internal law</add> would in the case of<lb/> | |||
positive enactment <add>be apt</add> <add><unclear>blind</unclear></add> <add>to</add> experience <add>exposed to</add> difficulties from which<lb/> | |||
the mere application of a negative or veto would<lb/> | |||
be <add>stand</add> free. The consent of the two Houses being <add>at least</add> in all<lb/> | |||
other cases <add>at least</add> acknowledged to be necessary to the establishment<lb/> | |||
of a new law, <del>then</del> it would rest with the Judges to say<lb/> | |||
whether an article inserted by the King in a treaty of his<lb/> | |||
with a foreign power <add>state</add> should <add>shall</add> be considered as having that<lb/> | |||
effect. But <add>neither</add> the consent of the two Houses, nor that of any <add>either</add><lb/> | |||
one of them, being necessary to the King's forbearing to<lb/> | |||
cause a new law to be introduced, or withholding his<lb/> | |||
assent from any such law, already introduced</p> | |||
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{{Metadata:{{PAGENAME}}}} | {{Metadata:{{PAGENAME}}}} | ||
4 July 1810
Fallacies
Ch. Posterity
§.2. Exposure
3 12
In the situation of James the 2d a King of the turn
of mind disposition manifested by James the 2d might have
found a point of doctrine to this effect were in a high in no small degree
favourable to his views. In a treaty with for example
with the King of France or with the Pope he might
have engaged to give such and such indulgences to
his Catholic subjects, or not to suffer the execution
of such laws as to the enactment of which under the pressure of the people or
his other authorities his co-ordinates he might
have found it advisable to consent give his concurrences in the making passing enactment
of.
In this case the establishment a perfect project of making
out of the function of agency in matters of international
law an instrument for the assumption of
compleat legislative power in matters of internal law would in the case of
positive enactment be apt blind to experience exposed to difficulties from which
the mere application of a negative or veto would
be stand free. The consent of the two Houses being at least in all
other cases at least acknowledged to be necessary to the establishment
of a new law, then it would rest with the Judges to say
whether an article inserted by the King in a treaty of his
with a foreign power state should shall be considered as having that
effect. But neither the consent of the two Houses, nor that of any either
one of them, being necessary to the King's forbearing to
cause a new law to be introduced, or withholding his
assent from any such law, already introduced
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Identifier: | JB/104/227/001"JB/" can not be assigned to a declared number type with value 104. |
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1810-07-04 |
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104 |
fallacies |
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227 |
fallacies |
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001 |
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1 |
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c3 / e12 |
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jeremy bentham |
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34198 |
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