The Nature of the Judicial Process

The Nature of the Judicial Process

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This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1922 edition. Excerpt: ...is that it lays too little stress on the value of the "imponderables." The utility of an external power restraining the legislative judgment is not to be measured by counting the occasions of its exercise. The great ideals of liberty and equality are preserved against the assaults of opportunism, the expediency of the passing hour, the erosion of small encroachments, the scorn and derision of those who have no patience with general principles, by enshrining them in constitutions, and 76 Learned Hand, "Due Process of Law and the Eight Hour Day," 21 Harvard L. R. 405, 508. consecrating to the task of their protection a body of defenders. By conscious or subconscious influence, the presence of this restraining power, aloof in the background, but none the less always in reserve, tends to stabilize and rationalize the legislative judgmentto infuse it with the glow of principle, to hold the standard aloft and visible for those who must run the race and keep the faith.77 I do not mean to deny that there have been times when the possibility of judicial review has worked the other way. Legislatures have sometimes disregarded their own responsibility, and passed it on to the courts. Such dangers must be balanced against those of independence from all restraint, independence on the part of public officers elected for brief terms, without the guiding force of a continuous tradition. On the whole, I believe the latter dangers to be the more formidable of the two. Great maxims, if they may be violated with impunity, are honored often with lip-service, which passes "Cf. Laski, "Authority in the Modern State," pp. 62, 63. easily into irreverence. The_ieslraining pow.er.of__ _the judiciary does not manifest its chief worth in...show more

Product details

  • Paperback | 32 pages
  • 189 x 246 x 2mm | 77g
  • Rarebooksclub.com
  • Miami Fl, United States
  • English
  • black & white illustrations
  • 1236544587
  • 9781236544582