“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.
“The survival of our democracy and the unity and integrity of the nation depend upon the realisation that constitutional morality is no less essential than constitutional legality. Dharma lives in the hearts of public men; when it dies there, no Constitution, no law, no amendment, can save it.”
Privy Purse case Madhav Rao Jivaji Rao Scindia vs Union of India, (1971) 1 SCC 85 http://www.indiankanoon.org/doc/660275/
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Nanabhoy Palkhivala 2
Indian jurist and economist 1920–2002Related quotes
1850s, The Present Aspect of the Slavery Question (1859)
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297
Divided Belgium has a new King Philippe http://www.telegraph.co.uk/news/worldnews/europe/belgium/10193295/Divided-Belgium-has-a-new-King-Philippe.html, Telegraph (July 21, 2013)
From his speech given on 28 November 1960 at laying the foundation-stone of the building of the Law Institute of India, in: p. 14
Presidents of India, 1950-2003
“The First Amendment, I think, is the jewel of our Constitution.”
Alito: Threat to Judicial Independence at Historic High http://www.law.com/jsp/article.jsp?id=1159866330219, by Michael Scholl [2006-10-04].
“We need a constitutional amendment to make the federal government obey the Constitution.”
From The Bush Betrayal (Palgrave, 2004) http://www.jimbovard.com/Epigram%20page%20Bush%20Betrayal.htm
De la supériorité des mœurs sur les lois (1831) Oeuvres complètes, vol. VIII, p. 286 https://books.google.de/books?id=yrMFAAAAQAAJ&pg=PA286&dq=meilleures.
Original text:
Les meilleures lois ne peuvent faire marcher une constitution en dépit des mœurs ; les mœurs tirent parti des pires lois. C'est là une vérité commune, mais à laquelle mes études me ramènent sans cesse. Elle est placée dans mon esprit comme un point central. Je l'aperçois au bout de toutes mes idées.
1830s
Context: The best laws cannot make a constitution work in spite of morals; morals can turn the worst laws to advantage. That is a commonplace truth, but one to which my studies are always bringing me back. It is the central point in my conception. I see it at the end of all my reflections.
"Fooling the People as a Fine Art", La Follette's Magazine (April 1918)