A Quote by Kapil Sibal
The overreach of the judiciary can be attributed to, one, the inability of the executive to deliver; and two, the tendency to issue judicial pronouncements for national good. The second element is dangerous because that's the function of the government.
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By Congress delegating its authority to the executive and judicial branches, we've removed the American people from the process. They're left as bystanders to the whims of executive overreach, and they're watching the country they know and love slip away. Worse, they think their representatives are powerless to stop it.
Dodd-Frank is an important statute, but often when the government believes it's handling a particularly important issue, there can be a tendency to overreach.
There could be constitutional problems with executive detention if it is seen to be arbitrary. I didn't actually say that the NSW Government's proposed anti-terrorism bill was necessarily unconstitutional - that was sloppy journalism - I said that executive detention may raise constitutional problems if it is seen to be arbitrary as being an invasion of the judicial function.
Just as judges have enormous stake in the appointment of judicial officers in the higher judiciary, the government has an equal stake. Since both of us have stakes in the appointment of members of the higher judiciary, the consultation of both of them is absolutely necessary. The government must have a say.
A judiciary independent of a king or executive alone, is a good thing; but independence of the will of the nation is a solecism, at least in a republican government.
The constitution has divided the powers of government into three branches, Legislative, Executive and Judiciary, lodging each with a distinct magistracy. The Legislative it has given completely to the Senate and House of Representatives. It has declared that the Executive powers shall be vested in the President, submitting special articles of it to a negative by the Senate, and it has vested the Judiciary power in the courts of justice, with certain exceptions also in favor of the Senate.
While the seeming independence of the federal judiciary has played a vital part in making its actions virtual Holy Writ for the bulk of the people, it is also and ever true that the judiciary is part and parcel of the government apparatus and appointed by the executive and legislative branches.
Power is the great evil with which we are contending. We have divided power between three branches of government and erected checks and balances to prevent abuse of power. However, where is the check on the power of the judiciary? If we fail to check the power of the judiciary, I predict that we will eventually live under judicial tyranny.
We have seen that the tendency of republican governments is to an aggrandizement of the legislative at the expense of the other departments. The appeals to the people, therefore, would usually be made by the executive and judiciary departments.
We must strengthen the United Nations as a first step toward a World Government, patterned after our Own Government with a legislature, executive and judiciary, and police to enforce its international laws and keep the peace.
Marriage is not defined in the federal Constitution at all; it's a matter for the states. And applying the Fourteenth Amendment to the equality of men and women and their relationship in marriage is totally different than redefining marriage. Here is the overreach of the judiciary. This, if allowed to stand without any congressional approval, without any kind of enabling legislation, is what Jefferson warned us about. That's judicial tyranny.
A question arises whether all the powers of government, legislative, executive, and judicial, shall be left in this body? I think a people cannot be long free, nor ever happy, whose government is in one Assembly.
If we are to avoid that catastrophe [a nuclear World War III], a system of world order — preferably a system of world government — is mandatory. The proud nations someday will see the light and, for the common good and their own survival, yield up their precious sovereignty, just as America's thirteen colonies did two centuries ago. When we finally come to our senses and establish a world executive and parliament of nations, thanks to the Nuremburg precedent we will already have in place the fundamentals for the third branch of government, the judiciary.
[The judiciary is] the least dangerous branch of our government.
I do not believe it is the function of the judiciary to step in and change the law because the times have changed. I do well understand the difference between legislating and judging. As a judge, it is not my function to develop public policy.
In the United States there are three parts of our government - the judiciary, the legislative and the executive - and the powers are divided on purpose. And that was - that - so that no one branch could run off.
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