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<head>40.</head> | |||
<p>of a Judge are evil, a single moment on which he<lb/> | |||
acts by his <unclear>over</unclear> <sic>uncontroled</sic> authority may suffice<lb/> | |||
to deprive the party who is in the right of the benefit,<lb/> | |||
looked for at the hands of a Jury.</p> | |||
<p>In Judicature when there is no publicity, there is<lb/> | |||
no justice: no tolerably. adequate security for the giving<lb/> | |||
due execution & effect to the laws, whatsoever they may be.<lb/> | |||
That justice should have been the object where the doors<lb/> | |||
of a Judicatory have been kept regularly closed is not<lb/> | |||
possible. The object of the arrangement has been the sacrifice<lb/> | |||
of the universal interest of all men in the character<lb/> | |||
of justifiable to the particular & sinister interest — either<lb/> | |||
of the Judge or of the <unclear>despat</unclear>, who <unclear>as</unclear> creative & instrument<lb/> | |||
he is, or both together. Judicature has for its only<lb/> | |||
right & proper ends there: main & positive end, giving<lb/> | |||
execution & effect to the Laws whatsoever they may be:<lb/> | |||
collateral & negative ends, avoidance of all needless<lb/> | |||
delay, <sic>expence</sic> & vexation in other shapes: all needless<lb/> | |||
delay is injustice while it lasts.</p> | |||
<p>Unapt arrangements inserted in the Spanish Constitution<lb/> | |||
& not in the <gap/>.</p> | |||
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{{Metadata:{{PAGENAME}}}}{{ | {{Metadata:{{PAGENAME}}}}{{In_Progress}} | ||
40.
of a Judge are evil, a single moment on which he
acts by his over uncontroled authority may suffice
to deprive the party who is in the right of the benefit,
looked for at the hands of a Jury.
In Judicature when there is no publicity, there is
no justice: no tolerably. adequate security for the giving
due execution & effect to the laws, whatsoever they may be.
That justice should have been the object where the doors
of a Judicatory have been kept regularly closed is not
possible. The object of the arrangement has been the sacrifice
of the universal interest of all men in the character
of justifiable to the particular & sinister interest — either
of the Judge or of the despat, who as creative & instrument
he is, or both together. Judicature has for its only
right & proper ends there: main & positive end, giving
execution & effect to the Laws whatsoever they may be:
collateral & negative ends, avoidance of all needless
delay, expence & vexation in other shapes: all needless
delay is injustice while it lasts.
Unapt arrangements inserted in the Spanish Constitution
& not in the .
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Identifier: | JB/106/390/001"JB/" can not be assigned to a declared number type with value 106. |
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106 |
constitutional code |
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390 |
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001 |
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copy/fair copy sheet |
1 |
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recto |
f45 |
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cc1 |
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34978 |
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