“Article 141 of the Constitution says that the law declared by the Supreme Court is binding on all courts and authorities in the territory of India. Unwillingly Article 141 has now become the thief of Judicial Time. The Laws' proverbial delays are not because there are too many laws, but because there are just too many reported judgments and orders concerning them. Cashing in on Art 141 every single case in the Supreme Court) and even in the High Courts-is dutifully printed and reported by a variety of competing reporting agencies who want their law reports to sell as widely as possible. The "judgement - factory" has become over - commercialized, and quite a large number of the 30 million cases now pending in various Courts in India can be attributed-atleast in part-to this peculiar Indian malady: "case-law diarrhoea."”

— Fali Sam Nariman

Quoted in Fali Sam Nariman Felicitated, May 2001, 24 December 2013, PUCL Bulletin http://www.pucl.org/reports/National/2001/nariman.htm,.

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Fali Sam Nariman 24

Indian politician 1929

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“They knew, however, that self-government is still government, and that the authority of the Constitution and the law is still authority. They knew that a government without power is a contradiction in terms. In order that their President and their Congress might not surpass the bounds of the authority granted to them, by the Constitution which the people had made, and so infringe upon the liberties of the people, they established a third independent department of the government, with the power to interpret and declare the Constitution and the law, the inferior courts and the Supreme Court of the United States. No President, however powerful, and no majority of Congress however large, can take from an individual, no matter how humble, that freedom and those rights which are guaranteed to him by the Constitution. The Supreme Court has final authority to determine all questions arising under the Constitution and laws of the United States.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Ordered Liberty and World Peace (1924)

“[T]he constitution controls any legislative act repugnant to it.... It is emphatically the province and duty of the judicial department to say what the law is.... So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution; or conformably to the constitution disregarding the law; the court must determine which of these conflicting rules governs the case. This is the very essence of judicial duty.... Those then who controvert the principle that the constitution is to be considered, in court, as a paramount law, are reduced to the necessity of maintaining that courts must close their eyes on the constitution, and see only the law. This doctrine would subvert the very foundation of all written constitutions... It would be giving the legislature a practical and real omnipotence... The judicial power of the United States is extended to all cases arising under the constitution.”

John Marshall (1755–1835) fourth Chief Justice of the United States

5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)

“He was a man of many parts – Law, Literature, Public Affairs, International Affairs and Education. In the field of Law he held all offices which any lawyer can aspire to hold – Government Pleader; Advocate General of C. P. & Berar; Judge of the Nagpur High Court; Chief Justice of the Nagpur, High Court; Judge of the Supreme Court and culminating as the Chief Justice of India. He served as a Judge for 25 years.”

Mohammad Hidayatullah (1905–1992) 11th Chief Justice of India

By J.R. Jagrat
Speech By Mr. S. G. Page, Government Pleader, High Court, Bombay, Made OnMonday, 28 September, 1992

“The judiciary. The docket of the Supreme Court is becoming congested. At the opening term last year it had 592 cases, while this year it had 687 cases. Justice long delayed is justice refused. Unless the court be given power by preliminary and summary consideration to determine the importance of cases, and by disposing of those which are not of public moment reserve its time for the more extended consideration of the remainder, the congestion of the docket is likely to increase. It is also desirable that Supreme Court should have power to improve and reform procedure in suits at law in the Federal courts through the adoption of appropriate rules. The Judiciary Committee of the Senate has reported favorably upon two bills providing for these reforms which should have the immediate favorable consideration of the Congress.”

Calvin Coolidge (1872–1933) American politician, 30th president of the United States (in office from 1923 to 1929)

1920s, Second State of the Union Address (1924)

“A Court of equity can mould interests differently from a Court of law; and can give relief in cases where a Court of law cannot.”

Lloyd Kenyon, 1st Baron Kenyon (1732–1802) British Baron

Clayton v. Adams (1796), 6 T. R. 605.

“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) (1722–1770) English barrister and judge

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

“Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it…”

Learned Hand (1872–1961) American legal scholar, Court of Appeals judge

“The Spirit of Liberty” - speech at “I Am an American Day” ceremony, Central Park, New York City (21 May 1944).
Extra-judicial writings
Context: What do we mean when we say that first of all we seek liberty? I often wonder whether we do not rest our hopes too much upon constitutions, upon laws and upon courts. These are false hopes; believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it… What is this liberty that must lie in the hearts of men and women? It is not the ruthless, the unbridled will; it is not the freedom to do as one likes. That is the denial of liberty and leads straight to its overthrow. A society in which men recognize no check on their freedom soon becomes a society where freedom is the possession of only a savage few — as we have learned to our sorrow.
What then is the spirit of liberty? I cannot define it; I can only tell you my own faith. The spirit of liberty is the spirit which is not too sure that it is right; the spirit of liberty is the spirit which seeks to understand the minds of other men and women; the spirit of liberty is the spirit which weighs their interests alongside its own without bias; the spirit of liberty remembers that not even a sparrow falls to earth unheeded; the spirit of liberty is the spirit of Him who, near two thousand years ago, taught mankind that lesson it has never learned, but has never quite forgotten; that there may be a kingdom where the least shall be heard and considered side by side with the greatest.

“This Court is forever adding new stories to the temples of constitutional law, and the temples have a way of collapsing when one story too many is added.”

Robert H. Jackson (1892–1954) American judge

Douglas v. Jeannette, 319 U.S. 157, 181 (1943)
Judicial opinions

“The Supreme Court of Florida has said that the legislature intended the State's electors to "participat[e] fully in the federal electoral process," as provided in 3 U. S. C. §5. That statute, in turn, requires that any controversy or contest that is designed to lead to a conclusive selection of electors be completed by December 12. That date is upon us, and there is no recount procedure in place under the State Supreme Court's order that comports with minimal constitutional standards. Because it is evident that any recount seeking to meet the December 12 date will be unconstitutional for the reasons we have discussed, we reverse the judgment of the Supreme Court of Florida ordering a recount to proceed. Seven Justices of the Court agree that there are constitutional problems with the recount ordered by the Florida Supreme Court that demand a remedy.”

Anthony Kennedy (1936) Associate Justice of the Supreme Court of the United States

Bush v. Gore, 531 U.S. 98 http://caselaw.lp.findlaw.com/scripts/getcase.pl?court=US&vol=000&invol=00-949 (12 December 2000).

“I've chosen not to challenge the rule of law, because in our system there really is no intermediate step between a Supreme Court decision and violent revolution. When the Supreme Court makes a decision, no matter how strongly one disagrees with it, one faces a choice — are we, in John Adams' phrase, a nation of laws, or is it a contest made on raw power?”

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

As quoted in "Gore Sees No Reason to Run" by Patrick Healy in The New York Times (25 May 2007) http://thecaucus.blogs.nytimes.com/2007/05/25/gore-sees-no-reason-to-run/.

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