Law and Judicial Duty

sibilities, they usually stood on their office and their oaths—on their identity as judges and their obligation to God.2 Judicial Duty The duty of English judges to decide in accord with the law of the land was not the only duty of ...

Law and Judicial Duty

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called "judicial review." The book sheds new light on a host of misunderstood problems, including intent, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent. The book is essential reading for anyone concerned about the proper role of the judiciary.

Law and Judicial Duty

The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty.

Law and Judicial Duty

Philip Hamburger’s Law and Judicial Duty traces the early history of what is today called “judicial review.” Working from previously unexplored evidence, Hamburger questions the very concept of judicial review. Although decisions holding statutes unconstitutional are these days considered instances of a distinct judicial power of review, Hamburger shows that they were once understood merely as instances of a broader judicial duty. The book’s focus on judicial duty overturns the familiar debate about judicial power. The book is therefore essential reading for anyone concerned about the proper role of the judiciary. Hamburger lays the foundation for his argument by explaining the common law ideals of law and judicial duty. He shows that the law of the land was understood to rest on the authority of the lawmaker and that what could not be discerned within the law of the land was not considered legally binding. He then shows that judges had a duty to decide in accord with the law of the land. These two ideals—law and judicial duty—together established and limited what judges could do. By reviving an understanding of these common law ideals, Law and Judicial Duty calls into question the modern assumption that judicial review is a power within the judges’ control. Indeed, the book shows that what is currently considered a distinct power of review was once understood as a matter of duty—the duty of judges to decide in accord with the law of the land. The book thereby challenges the very notion of judicial review. It shows that judges had authority to hold government acts unconstitutional, but that they enjoyed this power only to the extent it was required by their duty. In laying out the common law ideals, and in explaining judicial review as an aspect of judicial duty, Law and Judicial Duty reveals a very different paradigm of law and of judging than prevails today. The book, moreover, sheds new light on a host of misunderstood problems, including intent, manifest contradiction, the status of foreign and international law, the cases and controversies requirement, and the authority of judicial precedent.

The American and English Encyclopedia of Law

Those who are chosen succeeding notes . by the people to sit as judges must The reception of a verdict is a judi . themselves discharge all the judicial cial act . Judicial power cannot be dele- duties of their offices .

The American and English Encyclopedia of Law


Professional Responsibility

WITHDRAWAL–Cont'd Confidentiality, R 1.6 Comments 16-17; $ 1.6-12(e)(6) Discharging lawyer Generally, R 1.16, Comments 4-6, ... 1-10 Consultation, § 1-10 Fraud, § 1-10 Judicial duties, Canon 3A Law firm, § 1-10 Law-related services, ...

Professional Responsibility


Rutgers Law Journal

Development of the Law A. The Retreat from Judicial Responsibility In addressing shareholder challenges to defensive tactics taken during a hostile takeover, courts have looked to the common law duties, of care and loyalty imposed on ...

Rutgers Law Journal


New Jersey Law Reports

The constitution requires that the governor is to take care that the laws be faithfully executed ; can the judiciary compel the performance of this duty ? He is required to sit as a member of the court of pardons ; can the judiciary ...

New Jersey Law Reports


Constitutional Morality and the Rise of Quasi Law

Law. Executive agencies are able to coerce individuals and groups into consent decrees precisely because they promise ... 66 Over a number of decades, modern historians and legal academics have misconstrued exercises of judicial duty in ...

Constitutional Morality and the Rise of Quasi Law

Americans are ruled by an unwritten constitution consisting of executive orders, signing statements, and other quasi-laws designed to reform society, Bruce Frohnen and George Carey argue. Consequently, the Constitution no longer means what it says to the people it is supposed to govern and the government no longer acts according to the rule of law.

Martindale Hubbell Law Digest

The judicial duties of a judge take precedence over all the judge's other activities . The judge's judicial duties include all the duties of the judge's office prescribed by law * . In the performance of these duties , the following ...

Martindale Hubbell Law Digest


Debates of the Convention to Amend the Constitution of Pennsylvania

That would be judicial . Mr. BOWMAN . What then is meant by what you have already passed in the twentieth section of the article on the judiciary , " that no duty shall be imposed by law upon the Supreme Court or any of the judges ...

Debates of the Convention to Amend the Constitution of Pennsylvania


The Nairobi Law Monthly

We have failed to come out and explain our role in terms that society understands . ... His role as an officer of and his duties to the judicial experience appreciates the great the lawyer in a dilemma in the discharge of his Court ...

The Nairobi Law Monthly


ABA Compendium of Professional Responsibility Rules and Standards

The common principles of such standards are: • A lawyer's duty to represent each client zealously within the bounds of the ... In addition to the duties of candor, honesty and diligence that a lawyer owes to the judiciary under rules of ...

ABA Compendium of Professional Responsibility Rules and Standards


The Central Law Journal

L. J. , 129 , refusing to performance of extra - judicial duties by de- appoint assessors , as required by a state act . claring such statutes unconstitutional . This The Supreme Court of Massachusetts , in has been done heretofore in ...

The Central Law Journal

Vols. 65-96 include "Central law journal's international law list."

Johnson s Universal Cyclopaedia

JUDICIARY 833 Trusts ) and of the Gaming Act of 1845 ( see Gambling and fices commanded enormous sums . ... In France all members of the regular judiciary are apAs it is the essence of judicial duty to declare the law pointed by the ...

Johnson s Universal Cyclopaedia


A Treatise on the Powers and Duties of Justices of the Peace in the State of Michigan

judicial determination , however erroneous it may be , and however malicious the motive which produced it ; such acts , ; when corrupt , may be punished criminally ; but the law will not allow malice and corruption to be charged in a ...

A Treatise on the Powers and Duties of Justices of the Peace in the State of Michigan


The Daily Washington Law Reporter

They against such an officer for what he does in the have certain duties to perform under the law performance of a judicial duty . The rule ex . of a quasi judicial character ; and in the per . tends to judges from the highest to the ...

The Daily Washington Law Reporter

Vols. for 1902- include decisions of the District of Columbia Court of Appeals and various other courts of the District of Columbia.

Reports of Cases Decided in the Supreme Court of the State of Georgia at the

He may properly act as arbitrator or lecture upon or instruct in law, or write upon the subject, and accept compensation therefor, if such course does not interfere with the due perfo1'_mance of his judicial duties, and is not forbidden ...

Reports of Cases Decided in the Supreme Court of the State of Georgia at the


An Introduction to the American Legal System

It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, ...

An Introduction to the American Legal System


The Ohio Law Journal

Whatever officer is authorized to take the acknowledgment , to him is given a judicial duty , and when he performs it , it becomes a judicial act , and has the effect of a record . This action , then , is to recover damages flowing from ...

The Ohio Law Journal


Hansard s Parliamentary Debates

They law , and preliminary inquiry is a thing are taking depositions which can be very well known to English law . ... The taking of depositions is not men who have made themselves acregarded as a judicial duty at all .

Hansard s Parliamentary Debates