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1823. May 22 Constitutional Code.
6. True, under a government arranged as here, in other respects, sooner or later mischief from this as from every source would find remedy: viz from Public Opinion Tribunal.
But to the application of the remedy in this case, a constant party struggle would be necessary. The locating party successful, reddress none: do. successful, then one party judge would succeed to another do.: oppression and depredation might be in part extinguished: but also in part they would only change sides. 7. Against such evil, insufficient would be the remedy by Appeal: for 1. By the inseparable expense, vexation & delay, the application of the remedy would be limited. 8. 2. The danger from party influence applies also to the Appellate Judicatories.
9. 3. Want of intellectual aptitude. On this point, Constitutive is altogether deterred from competing with Justice Minister. See the list of his functions.
10. on 1. II. Why not in Legislative? Reasons-same in kind as those applying to Constitutive: only not so strong: yet sufficient.
[ Quere - if not stronger?]
11. or 1. III. Why not in Executive chief? Answer Reasons See do. applying to situation of Justice Minister.
For the functions, Executive Chief wd. have to look to the exercise of, in addition to his own and those of his subordinates the Ministers, see Justice Ministers functions.
12. or 2.
Amongst functionaries
of the Administrative
department,
as to what regards
official duty, contestation
in neither desired
nor expected:
for impartiality there
is therefore no demand.
Not so in the situations of Judge: the contestation is certain: only for the termination of it is the office instituted. Here there is the demand for impartiality, and for independence.
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1823-05-22 |
6-9, 10 or 1, 11 or 1 - 12 or 2 |
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constitutional code |
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131 |
constitutional code |
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marginal summary sheet |
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recto |
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john flowerdew colls |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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13054 |
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