3 QUOTES WITH «JUDGE-MADE»
Famous quotes and sentences with the word
judge-made.
I take judge-made law as one of the existing realities of life.
The Constitution overrides a statute, but a statute, if consistent with the Constitution, overrides the law of judges. In this sense, judge-made law is secondary and subordinate to the law that is made by legislators.
The Court is most vulnerable and comes nearest to illegitimacy when it deals with judge-made constitutional law having little or no cognizable roots in the language or design of the Constitution.
10 ENGLISH BOOKS RELATING TO «JUDGE-MADE»
Discover the use of
judge-made in the following bibliographical selection. Books relating to
judge-made and brief extracts from same to provide context of its use in English literature.
1
Heart Versus Head:
Judge-
made Law in Nineteenth-century America
The central story of that era, he finds, was a
2
Sources of Law and Legislation
It is important to bear in mind that the principled objection to "judge-made" law, so
commonly voiced in our time, is a modern development. It derives from the
Enlightenment and is in large measure a consequence of the ideals of
democracy ...
International Association for Philosophy of Law and Social Philosophy. World Congress, Elspeth Attwooll, Rex Martin, 1998
In the next chapter (Law-makers: Parliament) we explore statutory law-making
and its relationship to judge-made law. Our focus here is on the dynamic, and
sometimes controversial, role of common law judges as law-makers. The chapter
...
4
The
Judge in a Democracy
CHAPTER SIX The Development of the Common Law THE COMMON LAW AS
JUDGE-MADE LAW Judges not only interpret statutes created by the legislature,
they also create law. This applies to all legal systems. There is no judging without
...
5
A Dictionary of Modern Legal Usage
1161, 1225 (1990). judge-made, adj., is used generally as an antonym of
statutory. E.g., "No system of law — whether it be judge-made or legislatively
enacted — can be so perfectly drafted as to leave no room for dispute." Lon L.
Fuller, The ...
Judge-made Law And Statute Law As it has been seen in Chapter 1, law falls into
two categories, in the technical sense, judge-made law and statute law. Judge-
made law may be referred to very generally as "common law", but for both ...
7
Criminal Procedure: Law and Practice
If it is judge—made, however, the Court may eliminate it at any C ft t_ ons l u ion.
time, or, arguably, it can be modified by Congress. Some writers maintain that this
rule of evidence is judge-made—that it cannot be found in the Constitution; ...
8
General Theory of Law and State
"All the Law is Judge-made Law" I. The Doctrine of J. C. Gray Our analysis of the
judicial function shows that the view according to which the courts merely apply
law is not borne out by the facts. The opposite view, however — that there is no ...
9
The Rise of Modern Judicial Review: From Constitutional ...
the power to strike down laws on the basis of judge-made constitutional law.
When constitutional law, like the common law, is understood as "judge- made"
law, it can be seen that there has been a significant shift away from the thought of
the ...
10
Garner's Dictionary of Legal Usage
1161, 1225 (1990). judge-made, adj., is used generally as an antonym of
statutory. E.g.: • “No system of law—whether it be judge-made or legislatively
enacted—can be so perfectly drafted as to leave no room for dispute.” Lon L.
Fuller, The ...
