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1827 March 12
Procedure CodeCh. Nullification
In a word, of every Law not adequately
ratified, a pitfall, a man-trap, and a spring
gun are appropriate and apposite emblems.
At the worst, the wrong committed
by the Legislator whose enactments he has neglected
to accompany by an adequate system
of notification, are is venial in comparison
of that done by the judge who, without warrant
from the Legislative authority takes
upon him to nullify a conveyance,
(still keeping to the subject of conveyances,)
to which the Legislator, as above, has
given his allowance. In this case, by one act,
two offences are committed, one against each
of two parties, 1st. the individual, who is thus
subjected to the pain of disappointment – a pain
proportioned to the value of the right los
by him. This wrong is a private wrong.
2. An act of insubordination –
Wrongee, the Legislator – the wrong, in this
case, is a public wrong.
For explanation sake, a supposition
made is that of an exercise made of a Legislative
authority, by which expression
has been given to all the several species
of conveyances, to which the Legislator meant
that allowance shall be given, and to
which a he means accordingly that the Judge
shall by his authority give the effect which
purposed to be respectively intended by them.
Identifier: | JB/055/326/001"JB/" can not be assigned to a declared number type with value 55. |
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