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[xxxvi. 173]
1822 July 27
Constitut Code
Supreme Operative
Restraints any?
Ch. Securities for Citizens at large against abuse of power by functionaries: alias Declarations of Rights /Ch. or ?. Restraints on the power of the Supreme Operative functionaries shall any, and if any what and by whom imposed./
Of these securities supposing them established - of these securities in so far as established the effect must be to oppose restrictions on to apply limitations to the power of the functionaries in question: the power of those functionaries in whose instance abuse of that same power is apprehended
Under this head comes /falls/ to be considered 1. by whom these restraints shall be or can be imposed: 2. on whom, i.e. on the powers of what classes of functionaries in so far as imposed they will be to be imposed.
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Title: [1822 June 26 Economy The modes of]Description: 1822 June 26 Economy The modes of limitation being thus distinguished, apply them to the several branches of power in a State 1. First as to the Supreme Constitutive branch If to the power belonging /appertaining/ to the supreme Constitutive functionaries such is its simplicity any limitation /restriction/ in any way can be applied by limitation applied to the field of their power, it can only be through the medium of a correspondent limitation /restriction/ applied to the functionaries possessed of the supreme operative branch: To the power /of their representatives/ which the possessors of supreme operative power their representatives shall be competent to exercise there shall be such and such limitations /restrictions/ shall be understood as applying. In this indirect mode alone is any limitation capable of being applied in the field of power appertaining to the class of supremely constitutive functionaries. Note on this occasion that when in any state endeavours are /language /industry/ is/ employed in the endeavour to trace all power to its first source, a sort of cloud hangs over the operation at the spot in which that source is looked for. Constituents may apply limits /restrictions/ to the power with which they entrust representatives: principals may set limits /apply restrictions/ to the power with which they entrust their trustees. But who is it that does /are they that do/ or can take upon them to apply limits to the power of Constituents? Of Constituents themselves where [...?] shall we find /who can be/ the Constituents? The plain truth of the case is - that when, in the drawing of a Constitutional Code persons of a certain description are declared and professed to be possessed of the supreme Constitutive power, whereupon they acy accordingly, the possessors of the supreme operative power for the time being are the persons by whom they are invested with such their constitutive power /it/: by this positive act it is that with relation to this matter the initiative function is exercised; and as to the corresponding consummative power it is exercised by them in active way /by the functionaries/ on whom the constituent power has so been conferred - exercised by them in an active way, and in a passive way by all the other members of the community in question, namely by their acquiescence.
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Title: [[xxxvi. 170] 1822 July 22 Constitut]Description: [xxxvi. 170] 1822 July 22 Constitut. Code Rationale Supreme Operative Concluding Aphorisms 8. In the particular scale of appropriate moral aptitude The place of a Member of a purely Aristocratical government will naturally be even below that of the most mischievous of those commonly designated by the name /common appellative/ of malefactors: and the importance of this branch of appropriate aptitude being in comparison of the two others so much /superior/ greater thereby also in the aggregate scale of appropriate aptitude. 9. The place of the Member of a supremely operative Representative body in a Representative body in the aggregate scale of appropriate aptitude, will naturally be above that of an average individual taken from the class of non-functionaries
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Title: [[xxxvi. 169] 1822 July 22 Supreme]Description: [xxxvi. 169] 1822 July 22 Supreme Operative Concluding Aphorisms Aphorisms, at the commencement or at the conclusion 1. In the scale of appropriate moral aptitude (a) - Note aptitude with relation to the functions of a functionary of government in a government having for its ground the greatest happiness principle a mans altitude is, naturally speaking, inversely as his altitude in the scale of prosperity, meaning that which is composed of the contiguous and conjunct scales of power, opulence and factitious honor 2 So, in the scale of appropriate intellectual aptitude: necessary external means of information being supposed equal 3 So in the scale of appropriate active aptitude. 4. On all three accounts taken together, the place of the absolute Monarch will in the aggregate of the three scales of appropriate aptitude, be naturally be at the lowest degree /point/ 5. The place of the limited Monarch will naturally be at a point above that of the absolute Monarch but below that of a member of a purely Aristocratical government 6. Among Limited Monarchs the place of each one in the aggregate scale of appropriate aptitude will be inversely as his altitude in the scale of prosperity, and in particular as his altitude in the scale of power: directly as the quantity substracted from his power by the aggregate of the limitations annext /applying/ to it 7. The place of a Member of a purely Aristocratical government will naturally be above that of a Limited Monarch but below that of an average individual belonging to the class of supremely ruling /those/ functionaries among whom supreme rule is shared.
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