The Judiciary
Constitutional interpretation
A constitution is useless if judges are determined to create rights and doctrines (or ignore rights and doctrines) in defiance of the constitution’s plain meaning. Such judicial activism replaces the constitution with the arbitrary rule of unelected judges,...
Statutory interpretation
There is nothing more dangerous than the common axiom, “the spirit of the laws is to be considered.” To adopt it is to give way to the torrent of opinions. —Cesare Beccaria. Of Crimes and Punishments, 1764 Judges should give words their plain meaning even if that...
Judicial misconduct
The dignity and stability of government in all its branches, the morals of the people and every blessing of society depend so much upon an upright and skilful administration of justice. —John Adams. Thoughts on Government, 1776. There are two types of judicial...
Judicial appointments
First-time judges should be chosen from amongst trial lawyers. Those doing the choosing should be guided by the opinions of senior members of the bar and bench. These opinions should be formally sought but confidentially given. Judges should generally be chosen from...
Judicial dignity
Members of the judiciary must maintain the dignity that befits their office. Litigants are comforted by having their fate decided by a somber technician of the law rather than by a buffoon. In particular, statutes should ensure that judges must not: Enter or leave...
Judicial competence
Some judges have a comprehensive grasp of the law. They deal efficiently with trial after trial and deliver perfectly reasoned judgments founded on precedent. Then there are the sluggards, the ones who reserve judgments for months on end, sleep during trials, make...
Judicial Integrity
Judges therefore should always be men of … exemplary morals, great patience, calmness and attention. —John Adams. Thoughts on Government, 1776. Litigants will only accept the judgments of the court if they are satisfied with the integrity of the judge who decides...
Judicial independence
Judges’ … minds should not be distracted with jarring interests; they should not be dependant upon any man or body of men. —John Adams. Thoughts on Government, 1776. The judiciary must be independent of the executive and legislative branches; it must be non-political...