JB_092_007.xml

Title: [19 May 1807 14 (6) Letter V]

Description: 19 May 1807

14 (6)

Letter V

Plan

J.B. Remedies

put before this the modifications of judicial injustice [...?] viz. corresponding to the ends of justice with the addition of non-conformity and non-uniformity

1. Maintenance of the authority of the legislature or supreme power in the state over the several subordinate judicatures - or in other words, Maintenance of the course of decision in each judicature in a state of undeviating conformity to the declared will of the legislator - 2. Prevention of judicial usurpation, or in other words Maintenance of the limits respectively set to the jurisdiction of the several subordinate judicatures. 3. Maintenance of uniformity in the course of decision as between the decisions of the same judicature at different times, and as between each judicature and every other as well as the same time as at different 4. Prevention of misdecision - of ultimate misdecision at least as effectually as possible, in the first part of the several subordinate judicatures:- 5. Prevention of unnecessary delay, with its natural and almost inseparable concomitants unnecessary vexation, expence and failure of justice - 6. Periodical receipt or collection of facts indicative of the state of judicature in the several judicatories, Court of Justice in respect of its subserviency to the several ends of justice as above enumerated.

These five, if the enumeration I have made be correct compose in every country the list of distinguishable functions no one of which can, consistently with the ends of justice, be left unexercised.

Under the peculiar constitution of our own Country the above list of remedial functions may I suppose be added on the part of the House of Lords, the second of the three branches of the supreme commonly called legislative authority in the state, the preservation of such its share: for, let its share in the supreme superintending judicial authority in matters of judicature be for argument sake {be supposed to} be lost, its share in legislation would scarcely, I should suppose, be found capable of being preserved.

Under the peculiar constitution of the British empire, to the above list of remedial functions may, I suppose, be added on the part of the House of Lords, in its quality of second of the three branches, of which the supreme legislative power in the state is composed, the maintenance of such its station in the government - more shortly maintenance of the privileges of the House of Lords: for, let its portion of supreme superintending authority in matters of judicature be, for argument sake, lost; its share in legislation would scarcely, I should suppose, be found capable of being maintained.

JB_092_005.xml

Title: [27 May 1807 ++ 12 (4 Letter]

Description: 27 May 1807

++ 12 (4

Letter V

1. Plan

III. J.B. Remedies

Non-conformity of the Judge's decision to the will, declared or conjectual - (i.e. statutory law or jurisprudential) - of the sovereign power in the state - usurpation of judicature, as between this and that co-ordinate Court, or by a subordinate to the prejudice of the jurisdiction of its super-ordinate - ununiformity of decision, as between one of two co-ordinate Courts and another, or as between the same Court and itself at different times, on the same subject or species of case - these may be given as the several shapes in which judicial injustice of the second order may, in any country, be liable to manifest itself: injustice, in the present instance distinguished by the designation of injustice of the 2 d order - because, if of the modifications of injustice of the 1 st order, as above enumerated, none were mischievous, neither would any of these be mischievous.

To judicial injustice in these its secondary shapes, no remedies bearing any correspondent names appear to stand appropriated: other than these viz. 1. maintenance of the authority of the legislative or supreme power in the state over the several subordinate judicatures - +2. Maintenance of the course of decision in the several subordinate judicatures within the limits of their respective lawful jurisdictions - 3. Maintenance of uniformity in the course of judicial decision: as to the particular mode of operations on the part of the superintending authority towards these several secondary ends, whatsoever may in these instances be done by the supreme superintending authority towards the prevention or correction of them may be done partly by reversal or modification, partly if necessary (which on so high a level it is not apt to be), by punishment, including imposition of the burthen of satisfaction to the use of the party specially injured, when the case is such as to afford either an individual or a class of persons so affected.

Under the British Constitution maintenance of the authority of the legislature over the several subordinate judicatures receives a special designation, particular enough to be considered as constituting a distinct object; viz. maintenance of an[?] government possessed by the 2 d of the three branches of the legislative or supreme power, viz. the House of Lords.

JB_092_328.xml

Title: [1 July 1807 Letter V Recapitulation]

Description: 1 July 1807

Letter V

Recapitulation

Maintenance of the authority of the supreme legislature, and of the judicial authority of the House of Lords as a branch of that legislature, - as against abolition or usurpation by the subordinate judicatories - prevention, absolute or relative, of usurpation of jurisdiction on the part of the local judicatories - maintenance of uniformity in the decisions of the subordinative judicatures, as between judicature and judicature and as between time and time - are these to be regarded as so many subordinate or intermediate ends of justice? To none of these ends does the proposed Chamber of Review aim at being subservient: to all of them it is directly adverse.