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1825 Nov. 15 | <head>1825 Nov. 15<lb/> | ||
Constitutional Code | Constitutional Code</head> | ||
<note>1<hi rend="superscript">o</hi><lb/> | |||
Ch. XII. Judiciary collectively | Ch. XII. Judiciary collectively<lb/> | ||
§.16. Partialities obviated | §.16. Partialities obviated<lb/> | ||
§. Informative | §. Informative<lb/> | ||
2. Anglicé | 2. Anglicé</note> | ||
6 4 4 | <p>6 4 4</p> | ||
Turn now to the House of Lords the objection applies | <p>Turn now to the House of Lords the objection applies<lb/> | ||
with augmented force to the House of Lords. As the | with augmented force to the House of Lords. As the<lb/> | ||
exposure to seductive influence they are in a still higher degree | exposure to seductive influence they are in a still higher degree<lb/> | ||
exposed to it than the | exposed to it than the <add>any</add> Judges who are Judges without being Lords<lb/> | ||
in a higher degree because in being by their elevation | in a higher degree because <add>in being</add> by their elevation placed so much<lb/> | ||
the nearer to the source. <gap/> The | the nearer to the source. <del><gap/></del> <add>The</add> cases <unclear>under</unclear> <del><gap/><gap/></del> <add>to which this</add> circumstance<lb/> | ||
applies are those only in which the | applies are those only in which the King may naturally<lb/> | ||
be | be supposed to have a wish. But <del>supposing</del> <gap/> being such<lb/> | ||
member of the highest level <add>ad<gap/></add> of <unclear>judication</unclear>, and suppose the suit<lb/> | |||
in question to be one in which he has a keen personal self-<lb/> | |||
regarding interest — many <gap/> at <unclear>stake</unclear>: s<gap/> this <unclear>known</unclear><lb/> | |||
would it disqualify him for <unclear>sitting</unclear> as Judge? but it <gap/>.<lb/> | |||
Why? — in because by the height of the seat which<lb/> | |||
he occupies, being rendered impeccable he is thereby rendered<lb/> | |||
at the same time <gap/>able and imp<gap/>able.</p> | |||
<p>So likewise in the case of a Member of <gap/><lb/> | |||
branch of the Legislature the House of Commons. Does his being<lb/> | |||
a party <del><gap/> <gap/> <gap/> interested</del> having an <add>a special</add> interest in any<lb/> | |||
shape pecuniary not excepted operations a <gap/> to <gap/><lb/> | |||
exercise his legislative right <add><unclear>share</unclear> in legislation</add> in relation to it? No<lb/> | |||
no <del><gap/></del> yet <del>does any friend</del> in a case where a friend of his<lb/> | |||
is interested <del>does the</del> has the friend any simple <del><gap/></del> <add>as to the</add> asking<lb/> | |||
him for his vote, is he <del><gap/></del> one to the giving it.</p> | |||
<p>Thus it is that in both Houses all questions<lb/> | |||
tending to produce a disclosure of <del>seductive</del> a relative<lb/> | |||
<unclear>situation productive</unclear> of sinister interest would be improper because<lb/> | |||
nugatory: if it were not for such seductive interest<lb/> | |||
<unclear>now</unclear> with the <add>accidental</add> exception of <gap/> and this one would the function<lb/> | |||
of the <add>any</add> functionary be in <del>any of</del> <add><unclear>either set</unclear> of</add> functionary be ever called<lb/> | |||
into exercise. If <del>any</del> a sinister interest of adequate value and<lb/> | |||
<unclear>force</unclear> being upon his conduct he will attend: if no such sinister interest<lb/> | |||
bears upon it, he will not attend</p> | |||
<note>Therefore if he were<lb/> | |||
peccable the less frequent<lb/> | |||
were his attendance<lb/> | |||
the better: but <add><unclear>even now</unclear></add> being impeccable<lb/> | |||
<add>no <gap/></add> <unclear>be same</unclear> does<lb/> | |||
wrong and every thing is at<lb/> | |||
all times as it should be.</note> | |||
1825 Nov. 15
Constitutional Code
1o
Ch. XII. Judiciary collectively
§.16. Partialities obviated
§. Informative
2. Anglicé
6 4 4
Turn now to the House of Lords the objection applies
with augmented force to the House of Lords. As the
exposure to seductive influence they are in a still higher degree
exposed to it than the any Judges who are Judges without being Lords
in a higher degree because in being by their elevation placed so much
the nearer to the source. The cases under to which this circumstance
applies are those only in which the King may naturally
be supposed to have a wish. But supposing being such
member of the highest level ad of judication, and suppose the suit
in question to be one in which he has a keen personal self-
regarding interest — many at stake: s this known
would it disqualify him for sitting as Judge? but it .
Why? — in because by the height of the seat which
he occupies, being rendered impeccable he is thereby rendered
at the same time able and impable.
So likewise in the case of a Member of
branch of the Legislature the House of Commons. Does his being
a party interested having an a special interest in any
shape pecuniary not excepted operations a to
exercise his legislative right share in legislation in relation to it? No
no yet does any friend in a case where a friend of his
is interested does the has the friend any simple as to the asking
him for his vote, is he one to the giving it.
Thus it is that in both Houses all questions
tending to produce a disclosure of seductive a relative
situation productive of sinister interest would be improper because
nugatory: if it were not for such seductive interest
now with the accidental exception of and this one would the function
of the any functionary be in any of either set of functionary be ever called
into exercise. If any a sinister interest of adequate value and
force being upon his conduct he will attend: if no such sinister interest
bears upon it, he will not attend
Therefore if he were
peccable the less frequent
were his attendance
the better: but even now being impeccable
no be same does
wrong and every thing is at
all times as it should be.
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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