20th-century Judge Quotes
The hallmarks of a regime which flouts the rule of law are, alas, all too familiar: the midnight knock on the door, the sudden disappearance, the show trial, the subjection of prisoners to genetic experiment, the confession extracted by torture, the gulag and the concentration camp, the gas chamber, the practice of genocide or ethnic clansing, the waging of aggressive war. The list is endless, Better to put up with some choleric judges and greedy lawyers.
The UK can be proud of its real contribution to this unique system and its influence in bringing about effective human rights protection throughout the European continent. It would be deeply regrettable if it were to allow its commitment to that system to be called into question by a failure to defend it against its detractors or to offer its strong support for the vital work of the court.
The door of the Free Exercise Clause stands tightly closed against any government regulation of religious beliefs as such. Government may neither compel affirmation of a repugnant belief, nor penalize or discriminate against individuals or groups because they hold views abhorrent to the authorities.
Mother brings a child late to contact by half-an-hour; father then requires an extra half-hour the next week. This is getting silly. If, in fact, the father does not see the child at all, of course he should see the child on another occasion, but there are fathers who actually add up the minutes and produce it and say "Now I should have so much more contact because I lost five minutes last week and ten minutes the week before".
Advanced planning is another area which the private sector has excelled, but not government. However, today's changing market conditions, increasing demands, shrinking budgets and even globalization force us to look at the way we provide our judicial services in a different light. It is no longer enough that we do our job, we now have to do it with a greater sense of purpose and accountability every step of the way.
the Basic Law: Human Dignity and Liberty enacted in by the Knesset in 1992, to anchor in a Basic Law the values of the State of Israel as a Jewish and democratic state two strands – the Jewish heritage and the democratic tradition... and it is the task of the courts to interweave them into the synthesis indicated by the Basic Law
The independence of the (legal) profession also ensures that it can take an objective view on issues concerning not only these matters, but also those of wider public concern. In fact, it can only discharge this responsibility to be independent and objective, if it is perceived by society at large to be independent.
We cannot sanction the view that the Constitution, while solicitous of the cognitive content of individual speech, has little or no regard for that emotive function which, practically speaking, may often be the more important element of the overall message sought to be communicated.
In a very real sense, the Constitution is our compact with history... [but] the Constitution can maintain that compact and serve as the lodestar of our political system only if its terms are binding on us. To the extent we depart from the document's language and rely instead on generalities that we see written between the lines, we rob the Constitution of its binding force and give free reign to the fashions and passions of the day.
The First Amendment expresses our Nation's fundamental commitment to religious liberty by means of two provisions–one protecting the free exercise of religion, the other barring establishment of religion. They were written by the descendants of people who had come to this land precisely so that they could practice their religion freely. Together with the other First Amendment guarantees–of free speech, a free press, and the rights to assemble and petition–the Religion Clauses were designed to safeguard the freedom of conscience and belief that those immigrants had sought. They embody an idea that was once considered radical: Free people are entitled to free and diverse thoughts, which government ought neither to constrain nor to direct
Many Americans do not want persons who openly engage in homosexual conduct as partners in their business, as scoutmasters for their children, as teachers in their children's schools, or as boarders in their home. They view this as protecting themselves and their families from a lifestyle that they believe to be immoral and destructive.
By requiring that an execution be relatively painless, we necessarily protect the inmate from enduring any punishment that is comparable to the suffering inflicted on his victim. This trend, while appropriate and required by the Eighth Amendment's prohibition on cruel and unusual punishment, actually undermines the very premise on which public approval of the retribution rationale is based.
I think that the court has misapplied a great constitutional principle. I cannot see how 'official religion' is established by letting those who want to say a prayer say it. On the contrary, I think that to deny the wish of these school children to join in reciting this prayer is to deny them the opportunity of sharing in the spiritual heritage of the nation.