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1824. April 18 Constitutional Code.
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Note Ch. Judiciary collectively §.16. Preinterpretative function
Quere if not superseded? 1827 Feb.
Note ( )
Objection to the effect given to these Judicial responses This is inferring in the Judge to the whole entire class of Immediate Judges legislative power.
Answer
Not for the purpose of int the power of Judges but for the purpose of applying and giving a tangible and determinate and conspicuous form to it is this function proposed to be given to them
Answer. Not in In a form near by not by a great deal nearly so unlimited as in all Judicial systems governments as yet know is possessed and exercised by Judges. What it does is to substitute in relation to the correspondent parts of the field of legislation the determinate form of Statute law with the concurrence of the legislature to to the form indeterminate form of Jurisprudential law made without the concurrence of the legislature.
On the ordinary place every decision pronounced by a competent Judge and not reversed or modified by a higher Judge not only takes effect on the occasion of as to the individual suit on in the occasion course of which it is issued but, at the pleasure of any other Judge serves him for as a ground for any general rule of law which on the occasion of another suit he it may be his pleasure to exhibit state and refer to as constitution or helping to constitute a for any such decision or decree as on that same occasion it may be his pleasure to pronounce.
But in this state of things no in no instance attention cognizance does the legislature ever take cognizance of the matter. It leaves All over the field of legislation it leaves portions of the matter of law to grow up like weeds in a bog or rather to f or that any determinate form like so many g cobwebs to which the fish of the members of the community are suspended.
The consequence is that of this source instrument of perpetual immorality not only the initiator but the full compleat power of legislation is exercised by every Judge: exercised as of course and in a manner without thought none but the parties their agents and the Judge nor bestowing care or thought upon it
O the law proposed place, all that the power that the Judge can in this way exercise in the field of legislation is the indicative: the acts of adding or refusing the , is placed or rather forced into the hand of the Legislature. But the publication so given as as above to every such response the Legislature is to the performance of this his duty: and in case of negligence lation of this duty is announced regularly made known and denounced to his superior the members of the Public Opinion and of the Constitution authority.
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1824-04-18 |
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jeremy bentham |
j whatman turkey mill 1824 |
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admiral pavel chichagov |
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1824 |
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[[notes_public::"quere if not superseded? 1827 feb." [note in bentham's hand]]] |
13359 |
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