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Until that point (where national unity prevails) is reached, the journey to it must be seen and appreciated for what it is: in a society such as ours where divisions exist both inter-ethnically and within communities the process of nation building of which the rule of law is an integral part requires a deft balancing of priorities in a fair and inclusive manner. This allows everyone to be a part of the challenges that we need to face together. The path to this point has been tortuous and at times strained because we have invariably compromised some of the detail of the rule of law by honouring the letter if not the spirit of the decisions handed down by the courts. However, it has also been a critical learning experience where we have had to combine political reality with legal principle. The result is an imperfect one but the rule of law is stronger for having weathered these sustained assaults on it.
--
Siwati Memorial Lecture, Honiara, Solomon Islands, 24 September 2004

 

Ratu Joni Madraiwiwi

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You've spoken about British rule of Ireland, and ending British rule in Ireland. I want to ask you this. Do you see Northern Ireland remaining part of the United Kingdom for the foreseeable future? Isn't that the truth of it, it's going to? Everybody knows it's going to. So why don't you level with your supporters and with the Irish people and say, 'it is going to remain part of the United Kingdom for the foreseeable future and now let's talk about how it can be made into a just society.' Why don't you face up to reality?

 

Gerry Adams

 

The effort necessary to remain uncorrupted in an environment where fear is an integral part of everyday existence is not immediately apparent to those fortunate enough to live in states governed by the rule of law. Just laws do not merely prevent corruption by meting out impartial punishment to offenders. They also help to create a society in which people can fulfil the basic requirements necessary for the preservation of human dignity without recourse to corrupt practices. Where there are no such laws, the burden of upholding the principles of justice and common decency falls on the ordinary people. It is the cumulative effect on their sustained effort and steady endurance which will change a nation where reason and conscience are warped by fear into one where legal rules exist to promote man's desire for harmony and justice while restraining the less desirable destructive traits in his nature.

 

Aung San Suu Kyi

 

I am ready to concede that the rule of adherence to precedent, though it ought not to be abandoned, ought to be in some degree relaxed. I think that when a rule, after it has been duly tested by experience, has been found to be inconsistent with the sense of justice or with the social welfare, there should be less hesitation in frank avowal and full abandonment. ... That court best serves the law which recognizes that the rules of law which grew up in a remote generation may, in the fullness of experience, be found to serve another generation badly, and which discards the old rule when it finds that another rule of law represents what should be according to the established and settled judgment of society.

 

Benjamin N. Cardozo

 

Of course, the power and authority of courts — whether to improperly take policymaking power for themselves or to engage in legitimate decision making — is dependent upon the weight of their judgment. That is, it depends on their credibility with the public and the other branches of government. Judicial decisions are obeyed, in large part, because the judgment of the federal Judiciary is respected. But it is perhaps underappreciated that when courts apply an activist philosophy that stretches the law to suit policy preferences, they actually reduce the credibility and authority of the Judiciary. In so doing, they undermine the rule of law that strengthens our democracy. In contrast, a judge who humbly understands the role of the courts in our tripartite system of government decides cases based on neutral principles. He generally defers to the judgment of the political branches, and respects precedent – the collective wisdom of those who have gone before. In so doing, that judge strengthens respect for the Judiciary, upholds the rule of law, and permits the people — through their elected representatives — to make choices about the issues of the day.

 

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Our assent to the hypothesis implies that it is held to be true of all particular instances. That these cases belong to past or to future times, that they have or have not already occurred, makes no difference in the applicability of the rule to them. Because the rule prevails, it includes all cases.

 

William Whewell