JB/056/095/001

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1827. May 17
Procedure Code

I
Ch. Mandates Orders Decrees
Regulations
(2) (2 §. Regulation Judicial none

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As to procedure as
in regard to substantive
law Judge to exercise
the eventually emendative
function

Art. In case of his perceiving as seems to
him an adequate demand for a the enactment of regulation of adjective law
to this or that effect, every p it is not only allowable to
but incumbent on, every Judge to submitt to the Legislature
facts proposed regulative in the powers in which it appears to him
fit to be enacted. The act by which it is thus proposed submitted, will
be made done in the exercise of the Judge eventually emendative
functions, as per Constit. Ch. XII Judiciary collectively §.20 eventually
emendative function.

Ratiocinative

7
Reasons see Constit. Code

Art. Question. Why on the terms proposed in question, or say on the event proposed in question give to a regulation
of this sort the binding form of an act of the Legislature

Answer. Reason as in Constitutional Code. Ch. XII Judiciary collectively.
§.20 eventually emendative function.

Ratiocinative

8
Why not give emendative
right to Judge

Art. — Why not give to the Judge the right
of establishing enactments of his own authority provided these extend
not beyond the field of judicial procedure or say the adjective
branch of law, and are subject to be repealed at any time by the
Legislature?

Art. Answer because

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Answer Reason 1
avoidance of the giving
a means for overruling
regulations made by
authority

1. [Because] If established without the cognizance and thence without
the consent of the Legislature, [ a consequence would be that] with
or without intention, enactments made by the authority of the Legislature might continually
be limited, overruled by the that of the Judge and to a correspondent
extent overruled and virtually repealed by regulations or say enactments thus made
by him

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Over pettiness that
would result to
the Pannomion

2. The Pannomion would thus be loaded in a greater or less degree by mutually
incongruent enactments made by the different Judicatories, and
the unity and simplicity of the rule of justice thus proportionally
impaired: complication with its evils thus introduced without measure
and without use.

Identifier: | JB/056/095/001"JB/" can not be assigned to a declared number type with value 56.
Date_1	1827-05-17	Marginal Summary Numbering	6-10
Box	056	Main Headings	Procedure Code
Folio number	095	Info in main headings field	Procedure Code
Image	001	Titles
Category	Text sheet	Number of Pages	1
Recto/Verso	recto	Page Numbering	C2 / E2
Penner		Watermarks
Marginals	George Bentham	Paper Producer
Corrections		Paper Produced in Year
Notes public		ID Number	18151
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