★ Find a new page to transcribe in our list of Untranscribed Manuscripts
1824. July 13
Constitutional Code.
2o
I
Ch.Xii Judiciary collectively
(4) (7 § Preinterpretative function
Objection. The consummate power being then added to
the , the compleat power of Legislation is then
add given to the Judiciary. Answer. Yes. but were it not for the negative
reserved to the Legislature, and the constant and express call upon
that authority for the attention to the subject. But the fact truth
is — that by the p here proposed institution the power of Judges,
so far from being encreased, is : and this was according
one of the objects one principal object in view. In general the Judged do what the Judge or Judges who are
they please, they legislate no effect and the end has the they by/are do on every in effect occasion whatsoever/exactly what they please: whatsoever suppose to be most in accordance
with their own
sinister interests, sinister
Associations and interest-together
prejudices in effect they act as</add>
of legislation the power they exercise is still left legislators, and without any of those checks which apply to Legislators:
clearly than that of the Legislature. On this point exactly They do exactly as they please, and whatever it is the here proposed
that they do does the Leglislature bestow upon it so much as a
thought. Yes if any influential member of the Legislature sees his own particular interest
affected by it:
for in that case there
would be enough:
but so long as any such
effect escaped observation
but except any effect<lb>of this sort happens to be
described — and no one
has any leisure be lost
for it, the fate of the people are is
left to the mercy of
their necessary and
even implacable
enemies. On the here
proposed plan
nothing could ever take the form of law that had not been presented<lb?>in to the eyes of the Legislature: at the same time
the yet a vast quantity of time, which, in the case of an of
proposed law proposed to the Legislature by miscellaneous and less
or less experienced hands, would by the expedient of silence
non non- for adoption, be saved.
Under the French Charter which in the Administrative branch
of law stands excluded from all chance of , and condemned
to an endless course of [by the possession of the till it reaches over more than
of the King in regard t the bottom of the abyss of despotism, penal and the civil branch is by the same cause
in some degree preserved from and confusion. This
cause is the confining to the King that initiative which in England
every member belongs of right to every member of the Legislature.
14. Objection. Added discussion
being thus added to the :
the compleat power of
legislation is given to the
Judiciary.
Answer. No. Yes: but
for the Legislator's negative
and the compleat and<lb?>express call for its
attention: and the other
negative as above.
16. Use. Checking the arbitrary
power in the hands
of Judges. In general Anglicé, partly for
want of the legislative attention
being called to
these proceedings, they a Judge does
on each occasion doing whatever
best such his particular interests
or interest — by other prejudice: no member
of the Legislature bestowing a
thought on it, unless where his own
particular interest, in some
shape or other presents itself
as being affected: [+]
[+] Thence are the people left at the mercy
of these their necessary and ever implacable
enemies.
15 7. Use. Saving Lessening the time consumed Anglicé by the part taken in
Legislation by miscellaneous and absolute
or comparatively inexperienced hands.
168. Use. Saving Lessening the ,
intricacy, voluminousness
and confusion produced by that
same cause.</note>
19. Gallice by the confining the initiation
to the Kings instruments,
though vastly preponderant evil is produced,
still the evil from those two
sources are lessened.
|
Identifier: | JB/042/448/001"JB/" can not be assigned to a declared number type with value 42. |
|||
|---|---|---|---|
|
1824-07-13 |
not numbered |
||
|
042 |
constitutional code |
||
|
448 |
constitutional code |
||
|
001 |
|||
|
text sheet |
1 |
||
|
recto |
c4 / e7 |
||
|
jeremy bentham |
j whatman turkey mill 1824 |
||
|
admiral pavel chichagov |
|||
|
1824 |
|||
|
13371 |
|||
