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Page 212

THE ADMINISTRATION OF JUSTICE

have been discussed widely in recent years. But, after defining these restrictions at length in his classic study, The Nature of the Judicial Process, Mr. Justice Cardozo is quite right to exclaim, "Wide enough in all conscience is the field of discretion that remains."(1) Within this field the judge can only refer to reason and precedent, and since precedent is established by other judges and may vary, it is ultimately from his own or from their ideas of social justice that he in fact draws his authority. The conclusion to which he comes will be sincerely arrived at, no doubt, and will certainly be expressed in as objective terms as possible. But in fact it will be largely the enactment of subjective judgments. Clearly therefore, it is highly necessary to the State that the judiciary should have broadly the same social philosophy as those who make the law and govern the country. The law, in other words, must be interpreted in the spirit in which it is made. Friction between the principles of statutory and judge-made law must not be allowed to subsist.
That is not to say that we can compare legislature and judiciary on any basis of equality of right as law-making bodies. The judge is in the last resort the servant of the majority in the law-making body in the English political system. It is not enough when comparing them to say with Mr. Cardozo, "There is no assurance that the rule of the majority will be the expression of perfect reason when embodied in constitution or in statute. We ought not to expect more of it when embodied in the judgments of the courts."(2) Such a statement might be taken to elevate the judge to a wholly improper sphere of equality with the legislator. But statute has an altogether different sanctity from judicial decision. If we are dissatisfied with the "perfect reason" of the

1 1931, p. 141.
2 Op. cit., p. 177.

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where is HTML where is HEAD where is TITLE have been discussed widely in recent years. But, after defining these restrictions at length in his classic study, what is Nature of what is Judicial Process, Mr. Justice Cardozo is quite right to exclaim, "Wide enough in all conscience is what is field of discretion that remains."(1) Within this field what is judge can only refer to reason and precedent, and since precedent is established by other judges and may vary, it is ultimately from his own or from their ideas of social justice that he in fact draws his authority. what is conclusion to which he comes will be sincerely arrived at, no doubt, and will certainly be expressed in as objective terms as possible. But in fact it will be largely what is enactment of subjective judgments. Clearly therefore, it is highly necessary to what is State that what is judiciary should have broadly what is same social philosophy as those who make what is law and govern what is country. what is law, in other words, must be interpreted in what is spirit in which it is made. Friction between what is principles of statutory and judge-made law must not be allowed to subsist. That is not to say that we can compare legislature and judiciary on any basis of equality of right as law-making bodies. what is judge is in what is last resort what is servant of what is majority in what is law-making body in what is English political system. It is not enough when comparing them to say with Mr. Cardozo, "There is no assurance that what is rule of what is majority will be what is expression of perfect reason when embodied in constitution or in statute. We ought not to expect more of it when embodied in what is judgments of what is courts."(2) Such a statement might be taken to elevate what is judge to a wholly improper sphere of equality with what is legislator. But statute has an altogether different sanctity from judicial decision. If we are dissatisfied with what is "perfect reason" of what is 1 1931, p. 141. 2 Op. cit., p. 177. where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" The British Constitution (1938) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 212 where is strong THE ADMINISTRATION OF JUSTICE where is p align="justify" have been discussed widely in recent years. But, after defining these restrictions at length in his classic study, what is Nature of what is Judicial Process, Mr. Justice Cardozo is quite right to exclaim, "Wide enough in all conscience is what is field of discretion that remains."(1) Within this field what is judge can only refer to reason and precedent, and since precedent is established by other judges and may vary, it is ultimately from his own or from their ideas of social justice that he in fact draws his authority. what is conclusion to which he comes will be sincerely arrived at, no doubt, and will certainly be expressed in as objective terms as possible. But in fact it will be largely what is enactment of subjective judgments. Clearly therefore, it is highly necessary to what is State that what is judiciary should have broadly what is same social philosophy as those who make what is law and govern what is country. The law, in other words, must be interpreted in what is spirit in which it is made. Friction between what is principles of statutory and judge-made law must not be allowed to subsist. That is not to say that we can compare legislature and judiciary on any basis of equality of right as law-making bodies. what is judge is in what is last resort what is servant of what is majority in what is law-making body in what is English political system. It is not enough when comparing them to say with Mr. Cardozo, "There is no assurance that what is rule of what is majority will be what is expression of perfect reason when embodied in constitution or in statute. We ought not to expect more of it when embodied in what is judgments of what is courts."(2) Such a statement might be taken to elevate what is judge to a wholly improper sphere of equality with what is legislator. But statute has an altogether different sanctity from judicial decision. If we are dissatisfied with what is "perfect reason" of what is 1 1931, p. 141. 2 Op. cit., p. 177. where is Server.Execute("_SiteMap.asp") %

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