I do not think that a Judge would wish any statement which he may have made in the course of a case, merely obiter and casually, to be treated as necessarily being an authority on the subject in question; but when a Judge has thought it necessary for the purpose of a case to make a deliberate examination of the practice of his Court, and to state such practice, I do not think the authority of such statement can be got rid of merely by arguing that it was not really necessary for the actual decision of the case. I think that such a statement if cited as an authority is entitled to great weight, though of course not binding on us as a decision.
William Brett, 1st Viscount EsherRelated topics
actual arguing authority binding case course court decision examination great judge necessary obiter practice purpose question rid state statement subject thought think weight wishRelated quotes
One can in particular interpret the proposition as a statement conditions under which the simplicity of incentive structure and the economies of information handling characteristic of a competitive market organization can be secured without loss of efficiency of allocation... The price system carries to each producer, resource holder, or consumer a summary of information about the production possibilities, resource availabilities and preferences of all other decision makers. Under the conditions postulated, this summary is all that is needed to keep all decision makers reconciled with a Pareto optimal state once it has been established.
Tjalling Koopmans
That power and that authority has to reside somewhere in every government. Originally it lay with the king. After limitations began to be placed upon him, it was conferred upon the parliamentary body. One of the great contributions which America made to the science of government was the establishment of an independent judiciary department under which this authority resides in the Supreme Court. That tribunal has been made as independent and impartial as human nature could devise. This action was taken with the sole purpose of protecting the freedom of the individual, of guarding his earnings, his home, his life.
Calvin Coolidge
In my actual imaginative contact with life, I am vastly more responsive to beauty than to horror-indeed, I never experience real cosmic horror except in infrequent nightmares. However, when I come to record my various imaginative experiences, I generally find that only the horror items have any uniqueness or originality. Others have seen the same beautiful things that I have seen, & have sung them more nobly. Dunsany, indeed, has said exquisitely almost everything I could possibly wish to say; so that when I indulge in sheer phantasy I can do no more than imitate him. Thus horror alone is left as my peculiar kingdom, & in it I must hold my lowly reproduction of a Plutonian court.
H. P. Lovecraft
A strong and independent Judiciary is necessary for our republic to remain strong, for our democracy to survive, and for the rule of law to flourish. To understand what I mean by independence, let me first clarify what independence is not. Judicial independence does not mean complete freedom from scrutiny or criticism. Judges' decisions may be criticized, and the nature of the job virtually guarantees it. After all, in every court case there will be a loser. Judges must resist the temptation to craft their opinions to avoid criticism or to seek approval, whether from the press, the public, the academy, or Congress.
Alberto Gonzales
No one will question that this power is the most dangerous one to free government in the whole catalogue of powers. It usually is invoked in haste and excitement when calm legislative consideration of constitutional limitation is difficult. It is executed in a time of patriotic fervor that makes moderation unpopular. And, worst of all, it is interpreted by judges under the influence of the same passions and pressures. Always, as in this case, the Government urges hasty decision to forestall some emergency or serve some purpose and pleads that paralysis will result if its claims to power are denied or their confirmation delayed.
Robert H. Jackson
