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.