„People must be confident that a judge’s decisions are determined by the law, and only the law.“
„It is presumed, that juries are the best judges of facts; it is, on the other hand, presumed that courts are the best judges of law. But still both objects are within your power of decision … You have a right to take it upon yourselves to judge of both, and to determine the law as well as the fact in controversy.“
— John Jay American politician and a founding father of the United States 1745 - 1829
1790s, Georgia vs. Brailsford http://www.friesian.com/jury.htm (1794)
„It is a strange, wild jurisdiction, where the jurors are judges both of law and fact, and ignorant country fellows2 are to determine the nicest points of law.“
— John Eardley Wilmot English judge 1709 - 1792
Doe v. Roe (1760), 2 Burr. Part IV. 1047.
„There is consensus among States, judges of international tribunals and professors of international law that self-determination is not only a principle but also a right that has achieved the status of jus cogens.“
— Alfred de Zayas American United Nations official 1947
2015, Report submitted to the UN General Assembly, Report of the Independent Expert on the promotion of a democratic and equitable international order on the right of self determination http://www.ohchr.org/EN/Issues/IntOrder/Pages/Reports.aspx.
— Sir Thomas Twisden, 1st Baronet English politician 1602 - 1683
King v. Wagstaffe (1665), Sir Thomas Ray. Rep. 138.
„The common law of England must direct the determination of a common law question. By common-law determinations we are bound; and to them we must always adhere: for, these are the proper constitutional declarations of the law of the land. They are so considered, even by the Court of Chancery itself. When any doubt arises in a cause of equity concerning a point of common law, it is usually referred to the determination of a Court of Common Law.“
— Joseph Yates (judge) English barrister and judge 1722 - 1770
Dissenting in Millar v Taylor (1769), 4 Burr. Part IV., 2377.
„When conservative judges strike down laws, it's because of what's in the Constitution. When liberal judges strike down laws (or impose new laws), it's because of what's in the“
— Ann Coulter, livre If Democrats Had Any Brains, They'd Be Republicans
„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 U.S. Supreme Court justice 1886 - 1971
On due process, dissenting in In Re Winship, 397 U.S. 358 (1970).
„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 Lord Chief Justice 1802 - 1880
Scaramanga v. Stamp (1880), L. R. 5 Com. PI. Div. 303.
— Marcus Annaeus Seneca Roman scholar -54 - 39 avant J.-C.
Controversiae, Quædam iura non scripta, sed omnibus scriptis certiora sunt. Book I, Chapter I; slightly modified translation from Norman T. Pratt Seneca's Drama (Chapel Hill: University of North Carolina Press, 1983) p. 140
„When we went to school we were told that we were governed by laws, not men. As a result of that, many people think there is no need to pay any attention to judicial candidates because judges merely apply the law by some mathematical formula and a good judge and a bad judge all apply the same kind of law. The fact is that the most important part of a judge's work is the exercise of judgment and that the law in a court is never better than the common sense judgment of the judge that is presiding.“
— Robert H. Jackson American judge 1892 - 1954
Reported in Eugene Gerhart, America's Advocate: Robert H. Jackson (1958), p. 289
„Certain characteristics must exist for a democracy to survive. First, laws must be constructed in fairness and equality; and second, obedience of law by the citizens, and those who judge and enforce them; without strict adherence to these principles, democracies fail.
— RJ Intindola (Gandolfo)
„Judges ought to remember, that their office is jus dicere, and not jus dare; to interpret law, and not to make law, or give law.“
— Francis Bacon, livre Essays
Essays (1625), Of Judicature
„Without the basis in written law, and without the basis in our Constitution ratified by the people, judges can't make laws. And if we accept the notion that their dictates are law, then we have not only submitted to tyranny, we have abandoned a republican form of government.“
— Alan Keyes American politician 1950
2009, Reception in Winder, Georgia, September 11, 2003. http://renewamerica.us/archives/speeches/03_09_11reception.htm.
— Ammon Hennacy American Christian radical 1893 - 1970
[Voices from the Catholic Worker, Troester, Rosalie Riegle, 1993, Temple University Press, 114]
— Jeff Sessions Former United States Attorney General 1946
Attributed, Regarding judicial activism while debating on the Senate floor on 06 June 2005 regarding the nomination of Janice Rogers Brown to the federal judiciary.