A Quote by Prashant Bhushan
In the Constitution of India the Supreme Court and the High Courts were seen as watchdog bodies, independent of the executive, and entrusted with the task of seeing that all institutions function in accordance with the Constitution, and the Rule of Law.
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I often wonder whether we do not rest our hopes too much upon constitutions, upon law and upon courts. These are false hopes, believe me, these are false hopes. Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it. While it lies there it needs no constitution, no law, no courts to save it.
The Supreme Court is about the Constitution. It is about constitutionality. It is about the law. At its bear simplest, it's about the law. It is not about the Democrat Party agenda. Because that's what it's become. The whole judiciary has become that because that's the kind of people they have put on various courts as judges, and every liberal justice on the Supreme Court is a social justice warrior first and a judge of the law second. And if they get one more, then they will have effectively corrupted the Supreme Court.
The law, in this country, is dead. The Supreme Court doesn't follow the Constitution, Congress doesn't follow the Constitution. The President doesn't even want to follow the Constitution. And yet we're the ones called radical.
While the president is to nominate that individual [to Supreme Court], we in the Senate must provide our advice and consent. This function is not well-defined. The Constitution does not set down a road map. It does not require hearings. In fact, it does not even require questioning on your understanding of the Constitution nor the role of the Supreme Court.
The commitment to international agreements is embodied, it's found in the U.S. Constitution. Article Six of the U.S. Constitution provides that treaties of the United States are part of the supreme law of the land along with the constitution itself and laws passed by Congress. Well, the US government certainly has not been acting in recent years as if treaties were part of the supreme law of the land.
The Constitution of India seeks to guarantee respect for the rule of law, the independence of the judiciary, and the integrity of the electoral process. But time and again, provisions of the Constitution of India have been flagrantly violated in Kashmir, and the ideals that it enshrines have been forgotten.
How we decide the vexed issue of the method of selection of judges of the Supreme Court and the high courts would determine the future of our democracy and the rule of law in the country. We are faced with the twin problem of selecting the best judges and also ensuring that the judiciary would be insulated from executive interference.
Liberty lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it; no constitution, no law, no court can even do much to help it.
It is good to be back in the Peoples House. But this cannot be a real homecoming. Under the Constitution, I now belong to the executive branch. The Supreme Court has even ruled that I am the executive branchhead, heart, and hand.
If confirmed by the Senate to serve on the Supreme Court, I will keep an open mind in every case and always strive to preserve the Constitution of the United States and the American rule of law.
I don't think the Constitution is studied almost anywhere, including law schools. In law schools, what they study is what the court said about the Constitution. They study the opinions. They don't study the Constitution itself.
I've learned that the Court will continue to change the meaning of the Constitution. Although all of the Justices have expressed the importance of judicial restraint, the Court inevitably makes new law every time it interprets the Constitution.
We want a Supreme Court which will do justice under the Constitution - not over it. In our courts we want a government of laws and not of men.
The rule of law means that law and justice are upheld by an independent judiciary. The judgments of the European Court of Justice have to be respected by all. To undermine them, or to undermine the independence of national courts, is to strip citizens of their fundamental rights. The rule of law is not optional in the European Union. It is a must.
It lies in the hearts of men and women; when it dies there, no constitution, no law, no court can save it. While it lies there, it needs no constitution, no law, no court to save it.
I think it was in 1971 or 1974, the Supreme Court ruled marriage is not a subject that the federal government can exercise jurisdiction over, including the courts. To do that, we would need an amendment to the Constitution.
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