“Although the decisions of the American Courts are of course not binding on us, yet the sound and enlightened views of American lawyers in the administration and development of the law—a law, except so far as altered by statutory enactment, derived from a common source with our own—entitle their decisions to the utmost respect and confidence on our part.”

— Sir Alexander Cockburn, 12th Baronet

Scaramanga v. Stamp (1880), L. R. 5 Com. PI. Div. 303.

Adopted from Wikiquote. Last update June 3, 2021. History

Help us to complete the source, original and additional information

Do you have more details about the quote "Although the decisions of the American Courts are of course not binding on us, yet the sound and enlightened views of A…" by Sir Alexander Cockburn, 12th Baronet?

Sir Alexander Cockburn, 12th Baronet photo

Sir Alexander Cockburn, 12th Baronet 13

Lord Chief Justice 1802–1880

Related quotes

“Decisions in the American Courts are entitled to great respect, but are not binding here; and there are many circumstances affecting questions arising between the laws of different States which may or may not be applicable to questions arising here.”

Arthur Kekewich (1832–1907) British judge

In re De Nicols. De Nicols v. Curlieb (1898), L. R. 1 C. D. [1898], p. 410.

“We should treat with great respect the opinion of eminent American lawyers on points which arise before us, but the practice, which seems to be increasing, of quoting American decisions as authorities, in the same way as if they were decisions of our own Courts, is wrong. Among other things it involves an inquiry, which often is not an easy one, whether the law of America on the subject in which the point arises is the same as our own.”

Hardinge Giffard, 1st Earl of Halsbury (1823–1921) British politician

In re Missouri Steamship Company (1889), L. R. 42 C. D. 330.

“For me, the only correct meaning of that phrase is that our Government must proceed according to the 'law of the land'—that is, according to written constitutional and statutory provisions as interpreted by court decisions.”

Hugo Black (1886–1971) U.S. Supreme Court justice

On due process, dissenting in In Re Winship, 397 U.S. 358 (1970).

“Great attention and respect is undoubtedly due to the decisions of a Lord Chancellor: but they are not conclusive upon a Court of common law.”

Joseph Yates (judge) (1722–1770) English barrister and judge

Source: Dissenting in Millar v Taylor (1769) 4 Burr, Part IV., 2377.

“All students, members of the faculty, and public officials in both Mississippi and the Nation will be able, it is hoped, to return to their normal activities with full confidence in the integrity of American law. This is as it should be, for our Nation is founded on the principle that observance of the law is the eternal safeguard of liberty and defiance of the law is the surest road to tyranny. The law which we obey includes the final rulings of the courts, as well as the enactments of our legislative bodies. Even among law-abiding men few laws are universally loved, but they are uniformly respected and not resisted. Americans are free, in short, to disagree with the law but not to disobey it. For in a government of laws and not of men, no man, however prominent or powerful, and no mob however unruly or boisterous, is entitled to defy a court of law. If this country should ever reach the point where any man or group of men by force or threat of force could long defy the commands of our court and our Constitution, then no law would stand free from doubt, no judge would be sure of his writ, and no citizen would be safe from his neighbors.”

John F. Kennedy (1917–1963) 35th president of the United States of America

Radio and Television Report to the Nation on the Situation at the University of Mississippi (30 September 1962) http://www.jfklibrary.org/Research/Ready-Reference/JFK-Speeches/Radio-and-Television-Report-to-the-Nation-on-the-Situation-at-the-University-of-Mississippi.aspx
1962

“It is impossible for us English lawyers, dealing with the English language, to express our views except in the technical language of our law.”

Arthur Kekewich (1832–1907) British judge

Lauri v. Renad (1892), L. R. 3 C. D. [1892], p. 413.

“A foundation of our American way of life is our national respect for law.”

Dwight D. Eisenhower (1890–1969) American general and politician, 34th president of the United States (in office from 1953 to 1961)

1950s, Address to the American People on the Situation in Little Rock (1957)

“The decisions of the House of Lords are binding on me and upon all the Courts except itself.”

John Romilly, 1st Baron Romilly (1802–1874) English Whig politician and judge

Att.-Gen. v. The Dean and Canons of Windsor (1858), 24 Beav. 715.

“People must be confident that a judge’s decisions are determined by the law, and only the law.”

Merrick Garland (1952) American judge

[Remarks by the President Announcing Judge Merrick Garland as his Nominee to the Supreme Court, Merrick, Garland, w:Merrick Garland, The White House, March 16, 2016, https://en.wikisource.org/wiki/Remarks_by_the_President_Announcing_Judge_Merrick_Garland_as_his_Nominee_to_the_Supreme_Court#Remarks_by_Judge_Garland]; quote then excerpted in:
[March 18, 2016, ABC News, http://abcnews.go.com/News/merrick-garland-supreme-court-nomination-greatest-honor-life/story?id=37692486, Merrick Garland: Supreme Court Nomination 'Greatest Honor of My Life', March 16, 2016, Margaret Chadbourn]; and quote also excerpted in:
[March 18, 2016, The Guardian, http://www.theguardian.com/law/2016/mar/17/black-judge-effect-race-bias-overturning-court-cases, 'Black judge effect': study of overturning rates questions if justice is really blind, Rose Hackman]
Remarks by Judge Garland upon nomination to Supreme Court of the United States (2016)

“Of course, the popular vote was in my favour, and the outcome in the electoral college was not driven by an effort to count every vote that was cast, because the counting was truncated by a Supreme Court decision. In the American system, unfortunately there is no intermediate step between a Supreme Court decision and violent revolution.
Given those two remaining alternatives, I took the advice of Winston Churchill, who said that the American people generally do the right thing after first exhausting every available alternative. Choosing to live under the rule of law seemed to be the only alternative remaining, even though I strongly, strongly disagreed with the Supreme Court decision. Historians and scholars will put that decision in its own separate category.”

Al Gore (1948) 45th Vice President of the United States

"So, Al Gore, what's the one thing we can all do to tackle climate change?" in The Independent (7 July 2007) http://environment.independent.co.uk/climate_change/article2742779.ece.

Help us to complete the source, original and additional information

Sir Alexander Cockburn, 12th Baronet 13

Related quotes

Related topics