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Sunday, February 21, 2016

On rational interpretation of law

“Rational interpretation of law requires that judges engage in philosophical thought; it does not require that they assume the role of philosopher kings. Judges’ role is not to devise the philosophy that will inform the law, nor to choose the laws by which to implement that philosophy. The Rule of Law — even in a legal system that is grounded on sound moral and political philosophy — must be respected by judges as the rule of law.” ~ Tara Smith

(Source: Judicial Review in an Objective Legal System by Tara Smith; Chapter: Judicial Review—The Reigning Accounts’ Failure; Page: 199)

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