„The proper role of the judiciary is one of interpreting and applying the law, not making it.“

Testimony at her confirmation hearing, reported in the New York Times (February 23, 1984).

Letzte Aktualisierung 22. Mai 2020. Geschichte
Sandra Day O’Connor Foto
Sandra Day O’Connor
amerikanische Richterin 1930

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William H. Pryor Jr. Foto
Alberto Gonzales Foto
Giuseppe Mazzini Foto

„One sole interpreter of that law — Humanity.“

—  Giuseppe Mazzini Italian patriot, politician and philosopher 1805 - 1872

Life and Writings: Young Europe: General Principles. No. 1., reported in Hoyt's New Cyclopedia Of Practical Quotations (1923), p. 318
Kontext: One sole God;
One sole ruler, — his Law;
One sole interpreter of that law — Humanity.

Francis Bacon Foto
Merrick Garland Foto

„The role of the court is to apply law to the facts of the case before it … not to legislate, not to arrogate to itself the executive power, not to hand down advisory opinion on the issues of the day.“

—  Merrick Garland American judge 1952

[Merrick Garland, Confirmation hearing on nomination of Merrick Garland to the United States Court of Appeals for the District of Columbia Circuit, United States Senate, December 1, 1995]; quote excerpted in:
March 18, 2016, The Potential Nomination of Merrick Garland, SCOTUSblog, Tom Goldstein, April 26, 2010 http://www.scotusblog.com/2010/04/the-potential-nomination-of-merrick-garland/, and also excerpted quote from this source, next cited in:
[March 18, 2016, The Quotable Merrick Garland: A Collection of Writings and Remarks, http://www.nationallawjournal.com/home/id=1202752327128/The-Quotable-Merrick-Garland-A-Collection-of-Writings-and-Remarks, Zoe Tillman, The National Law Journal, March 16, 2016, 0162-7325]
Confirmation hearing on nomination to United States Court of Appeals for the District of Columbia Circuit (1995)

Thomas Hardiman Foto
Nelson Mandela Foto

„In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading.“

—  Nelson Mandela President of South Africa, anti-apartheid activist 1918 - 2013

1960s, First court statement (1962)
Kontext: In its proper meaning equality before the law means the right to participate in the making of the laws by which one is governed, a constitution which guarantees democratic rights to all sections of the population, the right to approach the court for protection or relief in the case of the violation of rights guaranteed in the constitution, and the right to take part in the administration of justice as judges, magistrates, attorneys-general, law advisers and similar positions.
In the absence of these safeguards the phrase 'equality before the law', in so far as it is intended to apply to us, is meaningless and misleading. All the rights and privileges to which I have referred are monopolized by whites, and we enjoy none of them. The white man makes all the laws, he drags us before his courts and accuses us, and he sits in judgement over us.

Mahinda Rajapaksa Foto

„All international laws are made by big, powerful countries but applied only on weaker ones like ours.“

—  Mahinda Rajapaksa Prime Minister of Sri Lanka 1945

Interview with Hindustan Times http://www.hindustantimes.com/comment/interviewsnews/full-text-of-ht-s-exclusive-interview-with-lankan-president-rajapaksa/article1-1123091.aspx, September 17, 2013.

Jean Giraudoux Foto
Theodore Roosevelt Foto
P. W. Botha Foto

„Mandela has overstepped the mark. He has broken the law. The judiciary of this country has put him where he belongs according to the rules of democracy.“

—  P. W. Botha South African prime minister 1916 - 2006

As Prime Minister at a National Party meeting in Stellenbosch, 10 April 1980, as cited in PW Botha in his own words, Pieter-Dirk Uys, 1987, p. 85

Friedrich Schiller Foto

„Law can only be applied to foreseeable cases.“

—  Friedrich Schiller German poet, philosopher, historian, and playwright 1759 - 1805

History of the Thirty Years War - Volume II
The Thirty Years War

Thomas Hobbes Foto

„The Interpretation of the Laws of Nature in a Common-wealth, dependeth not on the books of Moral Philosophy.“

—  Thomas Hobbes, buch Leviathan

The Second Part, Chapter 26, p. 143.
Leviathan (1651)
Kontext: The Interpretation of the Laws of Nature in a Common-wealth, dependeth not on the books of Moral Philosophy. The Authority of writers, without the Authority of the Commonwealth, maketh not their opinions Law, be they never so true.

Werner Heisenberg Foto

„The law of causality is no longer applied in quantum theory and the law of conservation of matter is no longer true for the elementary particles.“

—  Werner Heisenberg German theoretical physicist 1901 - 1976

Physics and Philosophy (1958)
Kontext: The law of causality is no longer applied in quantum theory and the law of conservation of matter is no longer true for the elementary particles. Obviously Kant could not have foreseen the new discoveries, but since he was convinced that his concepts would be "the basis of any future metaphysics that can be called science" it is interesting to see where his arguments have been wrong.

Telford Taylor Foto
Fidel Castro Foto
Leonard Mlodinow Foto
Ketanji Brown Jackson Foto
Aung San Suu Kyi Foto

„There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be.“

—  Aung San Suu Kyi State Counsellor of Myanmar and Leader of the National League for Democracy 1945

In Quest of Democracy (1991)
Kontext: The words 'law and order' have so frequently been misused as an excuse for oppression that the very phrase has become suspect in countries which have known authoritarian rule. [... ] There is no intrinsic virtue to law and order unless 'law' is equated with justice and 'order' with the discipline of a people satisfied that justice has been done. Law as an instrument of state oppression is a familiar feature of totalitarianism. Without a popularly elected legislature and an independent judiciary to ensure due process, the authorities can enforce as 'law' arbitrary decrees that are in fact flagrant negations of all acceptable norms of justice. There can be no security for citizens in a state where new 'laws' can be made and old ones changed to suit the convenience of the powers that be. The iniquity of such practices is traditionally recognized by the precept that existing laws should not be set aside at will.

„Lorem ipsum dolor sit amet, consectetuer adipiscing elit. Etiam egestas wisi a erat. Morbi imperdiet, mauris ac auctor dictum.“