Courses Quote by John Marshall
“Courts are the mere instruments of the law, and can will nothing. When they are said to exercise a discretion, it is a mere legal discretion, a discretion to be exercised in discerning the course prescribed by law; and, when that is discerned, it is the duty of the Court to follow it. Judicial power is never exericised for the purpose of giving effect to the will of the Judge; always for the purpose of giving effect to the will of the Legislature; or, in other words, to the will of the law.”
About This Quote
Source Speech: Opinions of Chief Justice John Marshall, 1803
Courts must follow the law, not personal will; discretion is limited to interpreting legislative intent.
In simple terms: Courts follow law, not judges' wishes.
Key Takeaway
Respect legislative intent.
Themes
law
judiciary
authority
discretion
legislation
Mood
formal
serious
Type
legal
judicial
When to use this quote
- court decisions
- legislative drafting
- law school teaching
- public policy analysis
Key Concepts
legalism
judicial restraint
separation of powers
Questions to Reflect On
- How should judges act when law is unclear?
- Can strict adherence hinder justice?
A Different Perspective
Judges may face ambiguous statutes that challenge strict adherence.
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