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June
Note
English Judges cannot in strictness of speech
be stiled independent in either any point of view,
either to a good purpose or to a bad one. They
are not to a good purpose: they are not independent
they are but half independent of the
Crown. They are independent all but the Chancellor as to what engages concerns
juries: they are not none of them independent
as to what against concerns hopes. All but the highest
have the hopes of preferment advancement in the line of judicature
the highest have the hopes of advancement in
the peerage. All Pursue the hope of favours infinite
in variety and degree receivable through the
channel of the family and connection. Most of
their hopes can the latter more especially cannot
in the nature of things be counteracted
cut off: but there are no hopes of which may not
be stripped of all seduction by the counter effect
of a state of dependence on the people.
English Judges are not independent to a bad
purpose: They are dependent on the two Houses
of Parliament, being removeable by a joint address.
They are dependent in a certain degree on public
opinion, in virtue of the law of publicity in
procedure. Both of these two together are far from
composing an occasion of security equal to what the people
might and ought to have. They are however The force of them is not inconceivable
- and one of them helps
the other. It is not
the mere danger of survival
in an address: that
that would be a slander atack:<ln/> the public ity enforcing allowing
an enquiry with a voice is now add onto (would & ought to be a very observing operation and no inconsiderable presentiment.
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Identifier: | JB/035/017/002"JB/" can not be assigned to a declared number type with value 35. |
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035 |
constitutional code; evidence; procedure code |
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017 |
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002 |
note |
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text sheet |
3 |
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recto |
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jeremy bentham |
[[watermarks::floyd & co [britannia with shield emblem]]] |
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arthur young |
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10610 |
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