Assuming Quote by Robert Bork
“When a judge assumes the power to decide which distinctions made in a statute are legitimate and which are not, he assumes the power to disapprove of any and all legislation, because all legislation makes distinctions”
About This Quote
Source Legal Theory: The Power of the Judiciary, 1978
Judges who claim authority to judge legislative distinctions effectively claim power to reject any law, because all laws involve distinctions.
In simple terms: Judicial overreach threatens legislative authority.
Key Takeaway
Guard legislative intent, limit judicial power.
Themes
law
judiciary
legislation
separation of powers
Mood
analytical
cautious
Type
theoretical
legal.
When to use this quote
- court rulings
- policy drafting
- legislative debates
- academic seminars
Key Concepts
constitutional theory
judicial review
Questions to Reflect On
- Should judges ever invalidate laws on principle?
- How to balance judicial review and democratic lawmaking?
A Different Perspective
Judicial restraint may hinder protection of minority rights.
![“[The current governing judicial philosophy is:] If you want something passionately enough, it is guaranteed by the Constitution. No need to fiddle around gathering votes from recalcitrant citizens.” quote by Robert Bork](https://sms4smile.com/quotes/img-quotes/56e/robert-bork-16437_citizens_the-current-governing-judicial-philosoph_129141.jpg)
![“When a judge goes beyond [his proper function] and reads entirely new values into the Constitution, values the framers and ratifiers did not put there, he deprives the people of their liberty. That liberty, which the Constitution clearly envisions, is the liberty of the people to set their own…” quote by Robert Bork](https://sms4smile.com/quotes/img-quotes/077/robert-bork-16437_agendas_when-a-judge-goes-beyond-his-proper-func_625664.jpg)
