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CHAPTER XXX. - Jeremy Bentham, The Works of Jeremy Bentham, vol. 9 (Constitutional Code) [1843]

Edition used:

The Works of Jeremy Bentham, published under the Superintendence of his Executor, John Bowring (Edinburgh: William Tait, 1838-1843). 11 vols. Vol. 9.

Part of: The Works of Jeremy Bentham, 11 vols.

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CHAPTER XXX.

Sublegislation Ministers.

Section I.

Sublegislation Ministers, who.

Enactive. Expositive.

Art. 1. In each district will be a set of administrative functionaries bearing the same names, and within that local field having, exceptions excepted, the same logical fields of service, as the several Ministers of the whole State.

Enactive. Expositive.

Art. 2. In this case each Sublegislature, within its fields of service, local and logical, standing in the place of the Legislature, these several functionaries, its subordinates, will be in every respect on the same footing as those of the Legislature: namely, in respect of the several topics treated of in the different sections of Ch. ix. Ministers collectively.

Enactive. Instructional.

Art. 3. Taking the National Administrative Establishment for the standard of reference, each Sublegislature under the direction of the Legislature will settle with itself, and by appropriate ordinances express, in what particulars, and in what shapes, (the difference in respect of extent of local and logical field of service considered,) the nature of the case, in such instances, appears to require alteration.

Instructional.

Art. 4. In regard to union and separation of Administrative Departments, for example: by the comparative narrowness of the local field of service, considered in conjunction with that of the logical field of service, if union in either case has place, more subdepartments will naturally admit of being united in one hand, in the administration of a District, than in that of the whole State: and as between district and district, more in this or that one, than in this or that other.

Instructional.

Art. 5. The only instance in which it can be clear beforehand, that in and for a District, no minister correspondent to a National Minister can have place, is that of the Foreign Relation Minister: since it is for all Districts collectively, and not for any one in particular, that what is done in the Foreign Relation Department is done.

Instructional. Ratiocinative.

Art. 6. In the Land Defensive Force, it may seem that there can be no room for interference on the part of a Sublegislature; since it is to the defence of the whole, and not of any district more than another, that this branch of the national power is designed. But cases may happen, in which the Sublegislature of a district may have a use for this or that part of its own Radical Land Force; and so as the service in question, is not obstructive of the service due to the whole State, the Legislature will not inhibit the exaction of it.

Instructional.

Art. 7. So, in regard to the Sea Defensive Force. Yet what may happen is—that for the defence of this or that roadstead within the district, the Sublegislature of the district may be desirous of organizing, and keeping on foot, this or that portion of Sea Defensive Force, which, to the Legislature, having in view, in respect of defence and finance together, the interest of the whole, may not seem necessary.

Instructional.

Art. 8. So, more particularly in the case of this or that district, which may be regarded as entirely inland. But scarcely will there be any district which has not within it waters communicating in some way or other with the sea: nor thus, any, from and through which, persons and things may not have to pass for National Sea Defensive Service.

Enactive. Instructional.

Art. 9. In the Judiciary Department, this or that district, or not improbably every district, may see reason to have its District Advocate, correspondent to the Advocate General of the State. In that case, with the assistance of a competent number of Deputes, one and the same Advocate Principal may officiate in the several Immediate Judicatories, within or even without the district, as well as in the several Appellate Judicatories.