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+ 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</mote>
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 will
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 might 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 ,add>be</add> little less than arbitrary: for ithas 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 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
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 that permission necessary to a mans carrying on in the occupation in which his livelyhood 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 <add. efficient</add> one, by the help means of of the Recognizance,
which in this case has been made the inseparable accompaniment of a licence.
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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